Ind. County Local Rule: washington-local-rules

LOCAL RULES OF THE

WASHINGTON CIRCUIT AND SUPERIOR COURTS

Updated January 1, 2026

LR88-AR01-1 – CRIMINAL CASE ASSIGNMENT

All criminal cases containing any of the following counts shall be assigned to the

Washington Superior Court

A. Alcohol Offense

B. Burglary

C. Check Deception

D. Controlled Substance Offense

E. Conversion

F. Forgery

G. Fraud

H. Non-support of a Dependent

I. Receiving Stolen Property

J. Residential Entry

K. Resisting Law Enforcement

L. Robbery

M. Theft

N. Vehicular Offenses

All other criminal cases and all infractions shall be assigned to the Washington Circuit

Court.

(Amended effective July 1, 2011)

LR88-AR22-2 – TRANSFER OF CRIMINAL CASES

The judge of the Washington Circuit or Superior Court may

A. Direct in writing that a new case may be filed in the other Court, or

B. By appropriate order entered in the Record of Judgment and Orders, transfer

and reassign any pending case to the other Court.

Such transfer or filing is subject to acceptance by the receiving Court.

LR88-AR01-3 – REFILING OF CRIMINAL CASES

When the State of Indiana dismisses a case and chooses to re-file that case, the case shall

be assigned to the court from which the dismissal was taken.

LR88-AR21-4 – REASSIGNMENT OF CRIMINAL

CASES

In the event it becomes necessary to appoint a criminal special judge under AR 21 of the

Indiana Administrative Rules, the judge before whom the case is pending shall send notice of the

need for the appointment of a special judge to the District’s administrative judge who shall then

make such assignment within five (5) days of receiving said notice.

Except as set out in, LR88-AR21-5, when a motion for change of judge has been granted

in a criminal case, and in instances where a judge recuses or is disqualified, a special judge shall

be selected as set out in from the following:

(1) Clark Circuit #1

(2) Clark Circuit #2

(3) Clark Circuit #3

(4) Clark Circuit #4

(5) Clark Superior #5

(6) Clark Superior #6

(7) Clark Magistrate A

(8) Clark Magistrate B

(9) Clark Magistrate C

(10) Clark Magistrate D

(11) Clark Superior

(12) Crawford Circuit

(13) Floyd Circuit

(14) Floyd Superior #1

(15) Floyd Superior #2

(16) Floyd Superior #3

(17) Floyd Magistrate

(18) Harrison Circuit

(19) Harrison Superior

(20) Jackson Circuit

(21) Jackson Superior

(22) Lawrence Circuit

(23) Lawrence Circuit Referee

(24) Lawrence Superior I

(25) Lawrence Superior II

(26) Orange Circuit

(27) Orange Superior

(28) Scott Circuit

(29) Scott Superior

(30) Scott Magistrate

(31) Washington Circuit

(32) Washington Superior

(33) Senior Judges approved for the requesting Court

LR88-AR21-5 – APPOINTMENT OF SPECIAL JUDGE IN CRIMINAL

CASES BY INDIANA SUPREME COURT

In the event no judge is available for assignment or reassignment of a felony or

misdemeanor case, such case shall be certified to the Indiana Supreme Court for the appointment

of a special judge. In the event the judge presiding in a felony or misdemeanor case concludes

that the unique circumstances presented in such proceedings require appointment by the Indiana

Supreme Court of a special judge, the presiding judge may ask the Indiana Supreme Court to

make that appointment.

LR88-TR79-6 – APPOINTMENT OF SPECIAL JUDGES

A. Selection of Administrative Judge. On or before November 1st of each year (or as soon

thereafter as possible) the Judges of the Circuit and Superior Courts of Washington County

shall meet in person or electronically with the presiding judges of Administrative District 24

for the purpose of selecting a judge who is designated as the Administrative Judge. The

Administrative Judge shall serve for a period of twenty-four (24) months, ending December

31, or until a replacement is selected after December 31.

B. Section H Appointments. In the event it becomes necessary to appoint a special

judge under Section H of Trial Rule 79 of the Indiana Rules of Trial Procedure or

Indiana Rules of Criminal Procedure, the judge before whom the case is pending shall

send notice of the need of the appointment of a special judge to the District’s

administrative judge who shall then make such assignment within five (5) days of

receiving said notice.

C. Method of Assignment. The District’s administrative judge shall select special

judges from a roster of the available judges in the Administrative District. The

assignments shall take into account the number of appointments required for each

Court and the fact that current rules require that Special Judges in Criminal Cases

serve in a contiguous county. The administrative judge shall maintain a record of all

assignments and shall issue a summary report of the assignments on a quarterly basis

D. Special Considerations. If the Administrative Judge determines that newly selected

Judges would benefit from a policy of “exchanging” cases to avoid excessive travel to

multiple courts, assignments may be based upon these special temporary

circumstances.

E. Roster of Available Judges. The roster of available judges in Administrative

District 24 shall include senior judges as set out below:

(1) Crawford Circuit

(2) Harrison Circuit

(3) Harrison Superior

(4) Orange Circuit

(5) Orange Superior

(6) Washington Circuit

(7) Washington Superior

(8) Senior Judges approved for the requesting Court

Appointment Order. Upon selecting a special judge, the administrative judge shall

prepare an Order of Appointment and forward said Order to the judge before whom the case is

pending who shall then sign and enter the Order of Appointment and forward a copy of the Order

to the special judge and the attorneys of record.

F. Acceptance of Jurisdiction. The Order of Appointment, when entered by the judge

before whom the case is pending, shall constitute acceptance of jurisdiction by the

appointed special judge unless the judge is otherwise disqualified, and no special

appearance, oath or additional evidence of acceptance shall be required.

When one of the sitting Judges of District 24 accepts appointment as Special Judge

through a different selection method, such as Supreme Court Appointment,

stipulation by parties, or by striking, that Judge may ask the Appointing Judge to add

these appointments to the record of assignments and consider such service in making

additional appointments.

G. Form of Order. The Order of Appointment shall be in the following form:

IN THE _________COURT FOR __________ COUNTY

STATE OF INDIANA

(Caption)

ORDER OF APPOINTMENT

Under the provisions of Trial Rule 79(H) of the Indiana Rules of Trial Procedure or the

Indiana Rules of Criminal Procedure, the Honorable ___________________ of the

____________ Court of ____________ County is hereby appointed to serve as special Judge in

the above-captioned case.

SO ORDERED THIS ______ DAY OF ___________________, ________.

_______________________________________

Judge, ____________________Court

Assigned this _____ day of _________________, __________.

_____________________________________

Administrative District # 24

Administrative Judge

H. Implementation of Rule. In the event a selected Judge does not accept an

appointment to serve as a special Judge under the provisions of section (D), (E) or (F)

of Trial Rule 79 of the Indiana Rules of Trial Procedure, the judge before whom the

case is pending shall notify the assignment judge of the need for an appointment of a

special judge under this local rule.

I. Certification to Supreme Court. If, under the provisions of this rule, no judge is

eligible to serve as a special judge in a case, the assignment judge shall notify the

judge before whom the case is pending who shall then certify such fact to the Indiana

Supreme Court for the appointment of a special Judge.

If the judge before whom the case is pending is of the opinion that the particular

circumstances of a case warrants selection of a special judge by the Indiana Supreme

Court, said judge shall certify such facts to the Indiana Supreme Court for the

appointment of a special Judge. Under such circumstance this Rule shall not be

implemented unless the Indiana Supreme Court declines to appoint a special Judge.

(Amended effective January 1, 2026)

LR88-AR15-7 – COURT REPORTER SERVICES/IMPLEMENTATION OF

A.R. 15

The Courts of Washington County, Indiana adopt the following rules for Court

Reporters services pursuant to Administrative Rule 15.

1. Each Court Reporter shall be paid an annual salary for time spent working under the

control, direction and direct supervision of the Court during any regular work hours,

gap hours, or overtime hours.

2. Regular working hours shall be 35 hours per week. Gap hours shall be worked in

excess of 35 hours per week. Overtime hours shall be hours worked in excess of 40

hours.

3. That for any gap or overtime hours worked, the Court and Court Reporter shall enter

into a written agreement whereby compensation for such work shall be as follows:

a. Compensatory time off from regular work hours shall be given in an amount

equal to the number of gap hours worked.

b. Compensatory time off from regular work hours shall be given in the amount

of one and one-half (1½) times the number of overtime hours worked.

4. The Court Reporter shall be compensated at the rate $5.50 per page for any county

indigent, state indigent or private transcripts prepared. The Court Reporter shall

submit directly to the County a claim for the preparation of the county indigent

transcript as other county claims are submitted. If the Court Reporter is required to

prepare an expedited transcript, the maximum per page fee shall be $9.00 where the

transcript must be prepared within 24 hours or less and $7.00 where the transcript

must be prepared within 3 working days. Index and Table of Contents will be charged

at the same rate as the other pages.

5. A minimum fee of FIFTY-FIVE Dollars ($55) will be charged for transcripts less

than ten (10) pages in length.

6. Additional fees shall be added to the cost of the transcript for the following:

a. Reasonable cost of office supplies necessary for preparation and binding of

the transcript, which shall be determined by the judges and published annually

as the “Schedule of Transcript Supplies.”

b. Labor charge in the sum of the approximate hourly rate of the Court

Reporter’s annual court compensation for time spent binding the transcript

and the exhibit binders.

7. If a transcript is prepared for purposes of appeal, it shall be prepared and submitted

pursuant to the Rules of Appellate Procedure.

8. Any transcript prepared for reasons other than appeal shall be delivered to the

requesting party.

9. Each Court Reporter who received income from the preparation of transcripts shall

report such amounts, at least annually, to the Indiana Supreme Court Division of

State Court Administration, on forms prescribed by such Division.

10. Should any Court Reporter elect to engage in the private business of recording

and/or transcribing depositions, they shall do so outside of regular working hours and the Court’s

supplies shall not be used for such purposes.

11. This local rule shall be applicable in all proceedings effective immediately upon

approval of the Indiana Supreme Court.

(Amended effective February 15, 2018)

LR88-JR04-8 – JUROR SUMMONING

Pursuant to Indiana Jury Rule 4, the courts adopt the Single Tier Notice and Summons

Procedure for summoning jurors. Accordingly, the jury administrators shall send a summons at

the same time the Jury Qualification form and notice is mailed, which shall be at least six weeks

before jury service.

LR88-AR01-9 – CASELOAD ALLOCATION

Pursuant to Administrative Rule1E, the Clerk of the Washington County Circuit and

Superior Courts shall assign cases as follows beginning January 1, 2026:

Superior Court

1. All Pro Se Civil matters

2. Approximately one-half of the Pro Se Dissolutions cases, assigned month to month with

Superior starting with the month of January.

3. Criminal Actions INVOLVING:

Alcohol, Drugs, Non-Support of Dependents,

Fraud, Forgery, Check Deception, Robbery,

Burglary, Residential Entry, Conversion, Theft,

Receiving Stolen Property, Resisting Law Enforcement,

Vehicular Offences

4. Approximately one-half of the Protective Orders cases, assigned month to month with

Superior starting in January. Protective Order cases involving parties in any Dissolution or

separation case shall go to that Court.

5. Approximately one half of pro se Small Claims and Eviction cases, assigned month to month

with Superior starting in February

7. All Juvenile Delinquency Matters

8. All Guardianships

Circuit Court

1. All Adoptions

2. All Mental Health Matters

3. All Child in Need of Services Matters

4. All Paternity Actions

5. All Infractions, including vehicular

6. All Petitions for Hardship Driver’s License

7. All Estates

8. All Mortgage Foreclosure Matters

9. Criminal Actions NOT designated for filing in Superior Court under this Rule

10. Approximately one-half of the Protective Orders cases, assigned month to month with Circuit

starting in February. Protective Order cases involving parties in Dissolution or separation case

shall go to that Court

11. Approximately one half of pro se Small Claims and Eviction cases, assigned month to month

with Circuit starting in January

12. All Commercial Court Eligibility

13. All Review of Administrative Agency Decision

Circuit or Superior Court

Attorneys may designate Court in:

a. Civil Matters, including Small Claims and Evictions

b. Dissolutions and Separation Actions

c. Red Flag

d. Grandparent Visitation

(Amended effective January 1, 2026)

LR88-CR2.6-10 – CONCERNING PRETRIAL RELEASE

There shall be no bond schedule. All bail terms shall be set by the Judge of the Washington

Circuit and Superior Courts based on individualized determinations.

5. FORFEITURE OF BOND

When permitted by law, bonds may be forfeited for failure of the Defendant to appear.

6. CASH BONDS KEPT FOR COSTS

When permitted by law, all or part of a full cash bond may be retained to

cover:

1. Court appointed attorney fees 9. Weed Eradication fee

2. Restitution 10. D.A.P.I.C. fee

3. Court costs 11. Prosecutor's Drug

4. Fines Investigation fee

5. Community service work fees 12. Any other cost or fee

6. Alcohol & Drug Users Program fee ordered by the Court

7. Alcohol & Drug Countermeasures fee 13. Destruction of public property.

8. Probation Users fee

7. CONDITIONS OF RELEASE

A. Defendant shall

1. Appear for all hearings as Ordered,

B. Defendant shall NOT

1. Commit any crime,

2. Attempt to commit any crime.

3. Violate any order of the Washington Circuit or Superior Court.

4. Violate any other term or condition of release.

8. REVOCATION OF BOND

Bond may be revoked and the Defendant rearrested upon a showing of probable cause to

believe that any condition of release has been violated.

9. DISTRIBUTION OF THIS RULE

The sheriff shall make one copy of this rule available to any Defendant or citizen upon

request, and without charge.

10. ALCOHOL RELATED OFFENSES

PERCENTAGE BLOOD HOURS AFTER INITIAL

ALCOHOL LEVEL READING IS TAKEN

. .08 or less.......................................5

.09..................................................5

.10..................................................5

.11..................................................6

.12..................................................7

A person arrested for an .13..................................................8

alcohol related offense .14..................................................9

(including P.I., if a portable .15................................................10

breath test is offered) .16................................................11

shall be detained before .17................................................12

bond is posted in .18................................................13

accordance with this .19................................................14

schedule. .20................................................15

.21................................................16

.22................................................17

.23................................................18

.24................................................19

.25................................................20

.26................................................21

.27................................................22

.28................................................23

.29................................................24

.30 and above..............................24

13. PROOF OF IDENTITY

No prisoner shall be released until fingerprinted, photographed and has provided proof of

identity.

(Amended effective January 1, 2026)

LR88-AR19-11 – COURT BUILDING SECURITY

Pursuant to Ind. Code 35-47-11.1-4(5) and/or the inherent power of the Judges of Washington

Circuit and Superior Court (“the Courts”); in order to provide for the orderly operating of the

Courts, the safety of the public, the litigants, the witnesses, and the Court staff; the Judges of the

Courts have promulgated this local Court Rule.

1. Anyone entering the locations listed below (collectively “the courtroom buildings”) must

consent to a search of their person, including any package, briefcase or purse:

a. The Washington County Justice Center (Superior Court and Circuit

Court);

b. Any building which may serve as the temporary location of the Washington Circuit

or Superior Court;

2. If a courtroom building has more than one entrance/exit, the Courts may designate one or

more of the entrances/exits to be used only for restricted purposes. Only the southeast

doors of the Justice Center are for public use, unless another entry is designated by the

Sheriff or either judge.

3. Unless exempt under Paragraph 6 below, anyone entering the courtroom building is

prohibited from having any of the following in his or her possession while in the

courtroom building:

a. A loaded or unloaded firearm; or

b. A weapon, device, club, taser (as defined in Ind. Code 35-47-8-3) or electronic

stun weapon (as defined by Ind. Code 35-47-8-1), equipment, chemical substance

or other material, including a knife, razor, box-cutter and switchblade that in the

manner it is used, or could ordinarily be used, is readily capable of causing

serious bodily injury.

c. Handcuff key.

4. Anyone refusing to comply with this Order is to be denied entrance to the courtroom

buildings.

5. Anyone violating this Order:

a. May be in direct contempt of court under IC 34-47-2, if the violation occurs in the

presence of a judicial officer;

b. May be in direct contempt of court under IC 34-47-3, if the violation is willful

and occurs out of the presence of a judicial officer.

c. May be arrested and prosecuted for criminal trespass if they enter without

permission after having been denied entry for any reason under this order.

6. The following individuals are exempt from this order:

a. A law enforcement officer, as defined in IC 35-31.5-2-185;

b. A judicial officer, as defined in IC 35-31.5-2-177.7;

c. A probation officer appointed pursuant to IC 11-13-1-1;

d. An employee of a locally or regionally operated Community Corrections

Program, who is authorized to carry a firearm by his or her supervisory judge(s);

e. An employee, who works in a courtroom building, who carries a chemical spray

device for personal protection; and

f. Any other person authorized by the Washington Circuit or Superior Court Judge

or the Washington County Sheriff shall be exempt until either Judge or the Sheriff

withdraws the exemption. The Judges are to promptly provide the Washington

County Sheriff with a copy of their authorization or the withdrawal of their

authorization.

7. Any person listed in Paragraph 6 SHALL NOT BE EXEMPT whenever they or any

member of their family is a party to any proceeding taking place. This does not include

appearing in the individual’s official capacity.

8. The statutes cited above may change from time to time. This local rule shall

automatically refer to the relevant statutes in effect at any given time.

(Adopted effective on January 1, 2016; amended effective January 1, 2020)

LR 88-AR00-12 – Alcohol and Drug Program Fees

1. The Judges of the Washington County Courts set the following schedule of fees pursuant

to the authority granted by IC 12-23-14-16.

2. The alcohol and drug program fee in misdemeanor and felony cases will be $400.00.

3. All Court Alcohol and Drug Program Fees are payable to Clerk of the Court.

(Added effective February 15, 2018)

LR88-AR00-13 – Veterans Court

1. The Judges of the Washington County Courts set the following schedule of fees pursuant

to the authority granted by IC 33-23-16

2. The Veterans Court Intake Fee will be $50.00.

3. The Veterans Court Monthly Fee will be $25.00 per month

4. All Veterans Court Fees are payable to Clerk of the Court.

(Added effective February 15, 2018)