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IN · rules

Ind. Porter Cnty. Local Rule LR64-CR00-4100

Change of Venue from the Judge, Disqualification and Recusal

activein force · 2022-12-01 – presentcompiled-edition

4100.10 Superior Division

(A) In the event that any judge of the Superior Division of the Porter Superior Court grants a

change of venue from the judge under Rule 12 of the Indiana Rules of Criminal

Procedure, or recuses or disqualifies, a successor judge shall be assigned in the same

manner as the initial judge. Should the judge selected by this process recuse, then the

Court Administrator shall assign the case to the remaining Superior Division judge as

special judge

(B) Should none of the Superior Division judges qualify as special judge then the Court

Administrator shall appoint a special judge on a rotating basis from the following list of

full-time judicial officers:

(1) Superior Court 3

(2) Superior Court 4

(3) Superior Court 6

(C) Should none of the judges under Section B qualify as special judge, then the Court

Administrator shall select a special judge on a rotating basis from the following list of

full-time judicial officers:

(1) Magistrate #1

(2) Magistrate #2

(3) Porter County Title IV-D Commissioner

(D) Should none of the judges under Sections A, B, or C qualify as special judge, then the

Court Administrator shall select a special judge on a rotating basis from the following list

of full-time judicial officers:

(1) Judge of the Jasper Superior Court.

(2) Judge of the Jasper Circuit Court.

(3) Judge of the Newton Circuit Court.

(4) Judge of the Newton Superior Court.

(5) Judge of the Benton Circuit Court.

(6) Judge of the Starke Circuit Court.

(7) Judge of the LaPorte Circuit Court.

(8) Judge of the LaPorte Superior Court 1.

(9) Judge of the LaPorte Superior Court 2.

(10) Judge of the LaPorte Superior Court 3.

(11) Judge of the LaPorte Superior Court 4.

(12) Judge of the Lake Superior Court, Criminal Division 1.

(13) Judge of the Lake Superior Court, Criminal Division 2.

(14) Judge of the Lake Superior Court, Criminal Division 3.

(15) Judge of the Lake Superior Court, Criminal Division 4.

(16) Judge of the Lake Superior Court, County Division 1.

(17) Judge of the Lake Superior Court, County Division 2.

(18) Judge of the Lake Superior Court, County Division 3.

(19) Judge of the Lake Superior Court, County Division 4.

(4) Should none of the judges in Sections A, B, C, and D qualify as special judge, then the

case shall be certified to the Indiana Supreme Court as provided in Indiana Criminal Rule

13(D).

4100.20 County Division

(A) In the event that any judge of the County Division of the Porter Superior Court grants a

change of venue from the judge under Rule 12 of the Indiana Rules of Criminal Procedure

or recuses, the following procedure shall be used:

(1) A Superior Court 3 file shall be reassigned to Superior Court 6. If that judge

does not qualify, then the case shall be assigned to Superior Court 4;

(2) A Superior Court 4 file shall be reassigned to Superior Court 3 If that judge

does not qualify, then the case shall be assigned to Superior Court 6;

(3) A Superior Court 6 file shall be reassigned to Superior Court 4 If that judge

does not qualify, then the case shall be assigned to Superior Court 3;

(B) If all County Division judges are disqualified from serving, then the Court Administrator

shall select a special judge on a rotating basis from the following list until all judges have

been disqualified:

(1) Superior Court 1.

(2) Superior Court 2.

(3) Superior Court 5.

(C) If all judges listed in Section B are disqualified from serving, the Court Administrator

shall randomly select a special judge from the Porter County Magistrates. If the first

Magistrate selected is disqualified from serving, then the other Magistrate shall be

assigned. If both Magistrates are disqualified, then the Court Administrator shall assign

the Porter County Title IV-D Commissioner.

(D) Should none of the judges under Sections A, B, or C qualify as special judge, then the

Court Administrator shall select a special judge on a rotating basis from the following list

of full-time judicial officers:

(1) Judge of the Jasper Superior Court.

(2) Judge of the Jasper Circuit Court.

(3) Judge of the Newton Circuit Court.

(4) Judge of the Newton Superior Court.

(5) Judge of the Benton Circuit Court.

(6) Judge of the Starke Circuit Court.

(7) Judge of the LaPorte Circuit Court.

(8) Judge of the LaPorte Superior Court 1.

(9) Judge of the LaPorte Superior Court 2.

(10) Judge of the LaPorte Superior Court 3.

(11) Judge of the LaPorte Superior Court 4.

(12) Judge of the Lake Superior Court, Criminal Division 1.

(13) Judge of the Lake Superior Court, Criminal Division 2.

(14) Judge of the Lake Superior Court, Criminal Division 3.

(15) Judge of the Lake Superior Court, Criminal Division 4.

(16) Judge of the Lake Superior Court, County Division 1.

(17) Judge of the Lake Superior Court, County Division 2.

(18) Judge of the Lake Superior Court, County Division 3.

(19) Judge of the Lake Superior Court, County Division 4.

(E) Should none of the judges in Sections A, B, C, and D qualify as special judge, then the

case shall be certified to the Indiana Supreme Court as provided in Indiana Criminal Rule

13(D).

4100.30 Further Special Judge Selection Rules in Criminal Cases. Notwithstanding any of the

rules above, a judge may directly request the Indiana Supreme Court to appoint a special judge

when:

(A) No judge under the local rule is qualified for appointment, or

(B) The particular circumstances of the case warrant selection of a special judge by the

Indiana Supreme Court.

Provenance

Source
www.in.gov
Retrieved
2026-10-02
Edition
supplied-in-28-68-porter-local-rules-2022-12-01
Content hash
88bce92b63e6f24ec9a16cc634efc18e7cbe95c10581424d819086e5df808425
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