Ind. County Local Rule: pulaski-local-rules

PULASKI CIRCUIT COURT AND

PULASKI COUNTY SUPERIOR COURT

LOCAL COURT RULES

LR66-AR1-01(E)(6) CASELOAD ALLOCATION

LR66-AR-01 ASSIGNMENT OF CRIMINAL CASES

PURSUANT TO ADMINISTRATIVE RULE

AR-01(E)(6)

LR66-AR-21 SELECTION OF SUCCESSOR JUDGES

IN CRIMINAL CASES

LR66-TR79-01 SELECTION OF A SPECIAL JUDGE IN CIVIL

CASES PURSUANT TO TRIAL RULE 79(H)

LR66-AR 15-1 COURT REPORTER RULE

LR66-JR4-01 JURY SELECTION TWO TIER NOTICE AND

SUMMONS

LR66-AR00 PROBLEM SOLVING COURT RULES

LR66-AR00-1 PROBLEM SOLVING COURTS

LR66-AR00-2 VETERANS TREATMENT COURT

LR66-AR00-3 FAMILY TREATMENT COURT

LR66-AR-01(E)(6) CASELOAD ALLOCATION

(A) CRIMINAL, INFRACTION AND ORDINANCE VIOLATION CASES

Criminal Cases shall be filed pursuant to LR66- AR-01(E)(6). Except as provided in

LR66- AR 1(E)(6), all infraction and ordinance violation cases shall be assigned to

the Superior Court.

(B) JUVENILE CASES

All juvenile cases, including paternity cases, shall be assigned to the Circuit Court.

(C) SMALL CLAIMS CASES

All small claims cases shall be filed in the Superior Court.

(D) ALL OTHER CIVIL CASE TYPES

Cases other than those mentioned in the preceding paragraphs may be filed in either

Circuit Court or Superior Court, at the discretion of the filing party. However, nothing in

this rule shall prohibit a judge of said Court from transferring a case from that Court to

the other as allowed by statute, or rule of trial procedure, or to ensure an even distribution

of judicial workload between the courts of record in the county.

(E) RE-FILED CASES

Except when a change of venue is necessary, whenever a case is dismissed by action of

the originating party, the case, if re-filed, must be assigned to the same court that received

the original case.

(F) ANNUAL REVIEW OF CASELOAD ALLOCATION PLAN

On or before May 1 of each year the Judge of the Circuit Court and the Judge of the

Superior Court shall meet to review the Weighted Caseload Measures statistics as

calculated by the Division of State Court Administration for the preceding calendar year

to determine whether any changes in the caseload allocation plan should be made.

LR66-AR-01(E)(6) ASSIGNMENT OF CRIMINAL CASES PURSUANT TO

ADMINISTRATIVE RULE 1(E)(6)

(A) All cases where the most serious charge is Murder; a Class A, B, or C felony; or a

Level 1, 2, 3, or 4 felony, shall be filed in the Pulaski Circuit Court, except for charges in

relation to violations of IC 9-30-10-17 (operating a vehicle after lifetime suspension),

and as may be amended or recodified, shall be filed in the Pulaski Superior Court.

(B) All violations of IC 35-46-1-4 (neglect of a dependent and child selling) and 5 (non-

support of a child), and as may be amended or recodified shall be filed in the Pulaski

Circuit Court.

(C) Any misdemeanor or felony committed by a person less than eighteen (18) years of

age which is currently excluded from the definition of delinquent act shall be filed in the

Pulaski Circuit Court.

(D) Infractions committed by a person less than eighteen (18) years of age that are driving

offenses involving alcohol or drugs shall be filed in the Pulaski Circuit Court. All other

infractions shall continue to be filed in the Pulaski Superior Court.

(E) In the event a case charges both felony and misdemeanor offenses, the case shall be

considered a felony for the application of this rule. Furthermore, in the event a case

charges various degrees of felonies, the case shall be considered a felony of the highest

degree charged for the application of this rule.

(F) All cases wherein the most serious charge is a Class D felony, a Level 5 felony, or a

Level 6 felony, shall be assigned to the Pulaski Superior Court. All misdemeanors shall

be assigned to the Pulaski Superior Court.

(G) Once assigned, a case cannot be reassigned to another judge if the second filing is

based on the same underlying incident.

LR66-AR-21 SELECTION OF SUCCESSOR JUDGES

IN CRIMINAL CASES

Upon the granting of a change of Judge, or the disqualification or recusal of the judge in a

felony or misdemeanor case in Pulaski Circuit Court, the case shall be assigned to the

Judge of the Pulaski Superior Court. If the Judge of the Pulaski Superior Court cannot

accept jurisdiction of the case, the case shall be reassigned to the Judges of one of the

following courts on rotating basis:

Starke Circuit Court Judge

Starke Circuit Court Magistrate

Cass Circuit Court

Cass Superior Court 1

Cass Superior Court 2

Fulton Circuit Court

Fulton Superior Court

Jasper Circuit Court

Jasper Superior Court

White Circuit Court

White Superior Court

LaPorte Circuit Court

LaPorte Superior Court #1

LaPorte Superior Court #2

LaPorte Superior Court #3

LaPorte Superior Court #4

LaPorte Circuit Court Magistrate #1

LaPorte Circuit Court Magistrate #2, and

LaPorte Superior Court Magistrate.

The same procedure shall be followed if there is a change of Judge, disqualification or

recusal of the Judge of the Pulaski Superior Court, and if the Judge of the Pulaski Circuit

Court cannot accept jurisdiction, the case shall be reassigned as set forth above.

If a party/defendant has multiple cases to be transferred/reassigned all

transferring/reassigned cases shall be transferred to the same special/new judge.

(Amended effective August 1, 2021)

LR66-TR79-01 APPOINTMENT OF A SPECIAL JUDGE IN CIVIL

CASES PURSUANT TO TRIAL RULE 79(H)

(a) Cases involving disqualification or recusal

In the event a judge disqualifies and recuses under Trial Rule 79(C), and a special judge

is not selected under Trial Rule 79 (D), then the clerk of the court shall appoint as special

judge the other Pulaski County Judge; and if that judge does not qualify as a special

judge, the clerk of the court shall appoint on a rotating basis a special judge from the

following list of judicial officers:

Starke Circuit Court Judge

Starke Circuit Court Magistrate

Jasper Circuit Court Judge

Jasper Superior Court Judge

White Circuit Court Judge

White Superior Court Judge

Fulton Circuit Court Judge

Fulton Superior Court Judge

LaPorte Circuit Court Judge

LaPorte Superior Court #1 Judge

LaPorte Superior Court #2 Judge

LaPorte Superior Court #3 Judge

LaPorte Superior Court #4 Judge

LaPorte Circuit Court Magistrate #1

LaPorte Circuit Court Magistrate #2

LaPorte Superior Court Magistrate

If the judge selected to serve is disqualified, ineligible, or is excused from service, then

Clerk of the Court shall appoint the next judge on the list. If no judge on the list is

eligible to serve as special judge or the particular circumstances in the case so warrant,

the then presiding judge in the case shall certify the matter to the Indiana Supreme Court

for the appointment of a special judge pursuant to TR79(H)(3).

(a) Cases involving a change of judge

In the event a special judge selected is not selected under Trial Rule 79(D), then the clerk

of the court shall appoint as special judge the other Pulaski County Judge; and if that

judge does not qualify as a special judge, the clerk of the court shall appoint on a rotating

basis a special judge from the following list of judicial officers:

Starke Circuit Court Judge

Starke Circuit Court Magistrate

Jasper Circuit Court Judge

Jasper Superior Court Judge

White Circuit Court Judge

White Superior Court Judge

Fulton Circuit Court Judge

Fulton Superior Court Judge

LaPorte Circuit Court Judge

LaPorte Superior Court #1 Judge

LaPorte Superior Court #2 Judge

LaPorte Superior Court #3 Judge

LaPorte Superior Court #4 Judge

LaPorte Circuit Court Magistrate #1

LaPorte Circuit Court Magistrate #2

LaPorte Superior Court Magistrate

If the judge selected to serve is disqualified, ineligible, or is excused from service, then

clerk of the court shall appoint the next judge on the list. If no judge on the list is eligible

to serve as special judge or the particular circumstances in the case so warrant, the then

presiding judge in the case shall certify the matter to the Indiana Supreme Court for the

appointment of a special judge pursuant to TR79(H)(3).

If a party/defendant has multiple cases to be transferred/reassigned all

transferring/reassigned cases shall be transferred to the same special/new judge.

(Amended August 1, 2020)

LR66-AR 15-1 COURT REPORTER RULE

Section One. Definitions. The following definitions shall apply under this local rule:

(1) A Court Reporter is a person who is specifically designated by a court to perform the

official court reporting services for the court including preparing a transcript of the

record.

(2) Equipment means all physical items owned by the court or other governmental entity

and used by a court reporter in performing court reporting services. Equipment shall

include, but not be limited to, telephones, computer hardware, software programs,

disks, tapes, and any other device used for recording and storing, and transcribing

electronic data.

(3) Work space means that portion of the court’s facilities dedicated to each court reporter,

including but not limited to actual space in the courtroom and any designated office

space.

(4) Page means the page unit of transcript which results when a recording is transcribed in

the form required by Indiana Rule of Appellate Procedure 7.2.

(5) Recording means the electronic, mechanical, stenographic or other recording made as

required by Indiana Rule of Trial Procedure 74.

(6) Regular hours worked means those hours which the court is regularly scheduled to

work during any given work week. Depending on the particular court, these hours may

vary from court to court within the county but remain the same for each work week.

(7) Gap hours worked means those hours worked that are in excess of the regular hours

worked but hours not in excess of forty (40) hours per work week.

(8) Overtime hours worked means those hours worked in excess of forty (40) hours per

work week.

(9) Work week means a seven (7) consecutive day week that consistently begins and ends

on the same day throughout the year; i.e. Sunday through Saturday, Wednesday through

Tuesday, Friday through Thursday.

(10) Court means the particular court for which the court reporter performs services. Court

may also mean all of the courts in Pulaski County.

(11) County indigent transcript means a transcript that is paid for from county funds and

is for the use on behalf of a litigant who has been declared indigent by a court.

(12) State indigent transcript means a transcript that is paid for from state funds and is for

the use on behalf of a litigant who has been declared indigent by a court.

(13) Private transcript means a transcript, including but not limited to a deposition

transcript, that is paid for by a private party.

Section Two. Salaries and Per Page Fees.

(1) Court Reporters shall be paid an annual salary for time spent working under the control,

direction and direct supervision of their supervising court during any regular work

hours, gap hours or overtime hours. The supervising court shall enter into a written

agreement with the court reporters which outlines the manner in which the court

reporter is to be compensated for gap and overtime hours; i.e. monetary compensation

or compensatory time off regular work hours.

(2) The maximum per page fee a court reporter may charge for the preparation of a county

indigent transcript shall be $5.50; the court reporter shall submit a claim directly to the

county for the preparation of any county indigent transcripts.

(3) The maximum per page fee a court reporter may charge for the preparation of a state

indigent transcript shall be $5.50.

(4) The maximum per page fee a court reporter may charge for the preparation of a private

transcript shall be $5.50.

(5) Each court reporter shall report, at least on an annual basis, all transcript fees received

for the preparation of county indigent, state indigent or private transcripts to the Indiana

Supreme Court Division of State Court Administration. The reporting shall be made on

forms prescribed by the Division of State Court Administration.

Section Three. Private Practice.

(1) If a court reporter elects to engage in private practice through the recording of a

deposition and/or preparing of a deposition transcript, and the court reporter desires to

utilize the court’s equipment, work space and supplies, and the court agrees to the use

of the court equipment for such purpose, the court and the court reporter shall enter into

a written agreement which must, at a minimum, designate the following:

(a) The reasonable market rate for the use of equipment,

work space and supplies;

(b) The method by which records are to be kept for the

use of equipment, work space and supplies; and

(c) The method by which the court reporter is to reimburse

the court for the use of the equipment, work space and

supplies.

(2) If a court reporter elects to engage in private practice through the recording of a

deposition and/or preparing of a deposition transcript, all such private practice work

shall be conducted outside of regular working hours.

(Amended August 1, 2023 and effective January 1, 2024)

LR66-JR4-01 JURY SELECTION TWO TIER NOTICE AND SUMMONS

Not later than seven (7) days after the date of the drawing of names from the jury pool,

the jury administrator shall mail to each person whose name is drawn a juror qualification

form, and notice of the period during which any service may be performed. The jury

administrator may send summons at a later time. If the jury administrator sends the jury

qualification form and notice first, the jury administrator shall summon prospective jurors

at least one (1) week before service.

LR66-AR00 PROBLEM SOLVING COURT RULES

LR66-AR00-1 Problem Solving Courts

Establishment. All Pulaski County Problem Solving Courts shall be established pursuant

to IC 33-23-16-11. A Problem Solving Court is defined as it is at IC 33-23-16-8. Prior to being

established as a Problem Solving Court, a court will provide notice of intent to establish itself to the

Indiana Office of Court Services, in accordance with IC 33-23-16-19(a). The court will submit a

Petition for approval to the Indiana Office of Court Services in accordance with the Rules adopted

by the Board as required by 33-23-16-19(b).

Problem Solving Court Fees. In accordance with the Rules adopted by the Board under IC

33-23-16-23, those persons directed to participate in a Problem Solving Court may be required to

pay a Problem Solving Court administration fee of not more than one hundred dollars ($100.00) per

admission to a Problem Solving Court for initial services regardless of the length of participation in

the Problem Solving Court.

A Problem Solving Court may require participants to pay a Problem Solving Court Services

Fee for each admission to a Problem Solving Court. The Problem Solving Court may assess the

Problem Solving Court Services Fee and collect the fee in an amount not to exceed fifty ($50.00)

per month beginning the second month of participation and for each month thereafter for the

duration of participation in the Problem Solving court, pursuant to IC 33-23-16-23.

Pursuant to IC 33-23-16-23(e), court services fees must be used only to fund Problem

Solving Court services.

The Clerk of the Court shall collect fees under this section pursuant to IC 33-23-16-23(d).

The fees must be transferred within thirty (30) days after the fees are collected, for deposit by the

auditor or fiscal officer in the appropriate user fee fund established under IC 33-37-8-5.

LR66-AR00-2 Veterans Treatment Court

.10 Establishment. The Pulaski County Veterans Treatment Court shall be established

pursuant to IC 33-23-16-11(7). The objectives of the Pulaski County Veterans Treatment Court

shall be in accordance with the definition of a Veterans Treatment Court as stated at IC 33-23-16-

10.

.20 Fees. Fees are assessed pursuant to LR66-AR00-1.

.30 Assignment. The day to day operation and management of the Pulaski County

Veterans Treatment Court has been established in and assigned to Pulaski Superior Court.

LR66-AR00-3 Family Treatment Court

.10 Establishment. The Pulaski County Family Treatment Court shall be established

pursuant to IC 33-23-16-11 (3). The objectives of the Pulaski County Family Treatment Court shall

be in accordance with the definition of a Family Dependency Drug Court.

.20 Fees. Fees are assessed pursuant to LR66-AR00-1.

.30 Assignment. The day to day operation and management of the Pulaski County Family

Treatment Court will be established in and assigned to Pulaski Circuit Court.