IN · rules
Ind. Elkhart Cnty. Local Rule LR20-AR21-304
Selection of Special Judges in Criminal Cases
304.1. Appointment of Judges
When the appointment of a special judge is required under Administrative Rule 21 of the Indiana Court
Rules or an order of disqualification or recusal is entered in a case, or where a change of judge is granted
pursuant to Indiana Post-Conviction Remedy Rule 1(4)(b), the provisions of this Rule constitute the
exclusive manner for the selection of special judges in circuit and superior courts in all criminal
proceedings in Elkhart County.
A. If the case is in the Elkhart Circuit Court, then it must be transferred to Elkhart Superior Court 3.
B. If the case is in Elkhart Superior Court 3, it must be transferred to Elkhart Circuit Court.
C. If the case is in Elkhart Superior Court 1, it must be transferred to Elkhart Superior Court 4.
D. If the case is in Elkhart Superior Court 4, it must be transferred to Elkhart Superior Court 1.
E. If the case is in Elkhart Superior Court 2, it must be transferred to Elkhart Circuit Court.
F. If the case is in Elkhart Superior Court 5, it must be transferred to Elkhart Superior Court 4.
G. If the case is in Elkhart Superior Court 6, it must be transferred to Elkhart Superior Court 4.
H. All Petitions for Post-Conviction Relief filed in Elkhart Superior Court 5 will be transferred to
Elkhart Superior Court 1.
I. All Petitions for Post-Conviction Relief filed in Elkhart Superior Court 6 will be transferred to
Elkhart Superior Court 3.
If, after the above transfer, the judge of the transferee court is unable to hear the case, then the Chief Judge
of the administrative judicial district of which Elkhart County is a member, must appoint a special judge
first from the other full-time judicial officers within Elkhart County regardless of divisional assignment,
then from the full-time judicial officers within the judicial district and then from the full-time judicial
officers of contiguous counties. If the Chief Judge of the administrative judicial district is unable to make
the appointment, the district judge, who is not a judicial officer in Elkhart County, with the most time of
judicial service shall make the appointment.
Provenance
- Source
- www.in.gov
- Retrieved
- 2026-10-02
- Edition
- supplied-in-28-21-elkhart-local-rules-2026-01-01
- Content hash
f34e492af551af0e4b451b3fcd3e4a2fd0df00cad85d60b8a7273425db943ea8
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