Ind. Porter Cnty. Local Rule LR64-CR2.2-4000

LR64-CR2.2-4000 CASE ASSIGNMENT AND ALLOCATIONS

4000.10 Superior Division.

(A) The following Superior Courts receive Murder, and Level 1-6 Felonies, except as set forth

in Rule 4000.15:

1. Superior Court 1

2. Superior Court 2

3. Superior Court 5

(B) Murder, Level 1-5 Felonies and designated Level 6 Felonies are assigned and distributed

by the use of Odyssey Case Management Software by the Office of the Clerk and Court

Administrator on an even, random, and rotating assignment of cases.

4000.15 Level 6 Felonies.

(A) The following Level 6 Felonies shall be distributed to the Superior Court, County

Division:

(1) Title 9 Violations

(2) Domestic Battery and Strangulation

(3) Battery Level 6 Felony which also include a charge for Domestic Battery or

Strangulation.

(B) All other Level 6 Felonies shall be assigned to the Superior Court, Superior Division by

random assignment through Odyssey Case Management.

4000.20 COUNTY DIVISION CASE ASSIGNMENT AND ALLOCATION

(A) The County Division of the Court shall maintain a felony docket, a misdemeanor docket

an ordinance docket and a traffic infractions docket. Filings on the dockets shall be done

in accordance with this rule as follows:

(1) Porter Superior Court #3: Porter Superior Court #3 shall receive

misdemeanor, ordinance, Level 6 felony and infraction filings from the following

police departments: Indiana Department of Natural Resources; Beverly Shores

Police Department, Northern Indiana Commuter Transit Department; Porter County

Sheriff’s Department;

(2) Porter Superior Court #4: Porter Superior Court #4 shall receive

ordinance, infraction, misdemeanor and Level 6 felony filings from the following

police departments: City of Valparaiso; Town of Kouts; Town of Hebron;

Valparaiso University Police Department; Chesterton Police Department; Burns

Harbor Police Department; CN Railroad Infractions; and Town of Porter Police

Department.

(3) Porter Superior Court #6: Porter Superior Court #6 shall receive

ordinance, misdemeanor, Level 6 felony and infraction filings from the following

police departments: Portage Police Department; Indiana State Police District 13 and

District 21, and Ogden Dunes Police Department.

(4) Narcotics Unit filings are treated as being filed by the police agency making

the arrest under the above rules.

(5) Nothing in this section shall prevent the County Division Courts from

directing filing between the Courts in order to equalize workloads of the several

respective courts.

(6) Any arrest made by Court Security shall be assigned as follows:

(a) Portage Courthouse Security and Juvenile Courthouse Security arrests shall

be assigned to Porter Superior Court #3.

(b) Valparaiso Courthouse Security arrests shall be assigned to Porter Superior

Court #4.

(7) Any arrest charging a violation of the terms and restrictions of a Specialized

Driving Permit pursuant to IC 9-30-16-5 shall be assigned to the courtroom that

issued the Specialized Driving Privilege Permit.

(8) Petitions to waive a Bureau of Motor Vehicle reinstatement fee filed pursuant to

Indiana Code 9-29-10-2, shall be filed using an MC case designation based upon

the residence of the Petitioner consistent with the police force serving the

Petitioner’s residence as mentioned above in Local Rule 4000.20(A)(1-3).

Petitioner shall file a current driving record to the Petition to verify proper venue.

4000.30 Transfers.

(A) It shall be the policy of the Porter Superior Courts, that whenever possible consistent with

good case management principles, misdemeanor and felony cases involving the same

defendant may be transferred into one court for resolution of all of the pending cases.

However, A County Division Court may not accept transfer of a Murder or a Level 1-5

Felony case. A new Misdemeanor or Level 6 Felony may be transferred to a Court having

the Defendant on probation or having a pending misdemeanor or Level 6 Felony case

older than the new charge, with prior approval of the transferee Court.

(B) If accepted in the Porter County Problem Solving Court, qualifying cases shall be

transferred in accordance with the designated Problem-Solving Court’s policies and

procedures to the Superior Court designated as the Problem-Solving Court.

(C) Prior to transferring a case, the transferor shall notify the Defendant in open court of the

transfer, the new assigned court, and the next court date.