Ind. Sup. Ct. Order Approving Local Rules: order-local-rules-2025-25S-MS-10

In the

Indiana Supreme Court

In the Matter of the Approval of Local

Rules for Clark County

Supreme Court Case No.

25S-MS-10

Order Approving Amended Local Rule

The Judges of the Clark Circuit Courts request the approval of an amended local rule for

caseload allocation in accordance with Administrative Rule 1(E). Attached to this Order is the

proposed amended local rule.

Upon examination of the proposed rule amendments requested by the Clark Circuit

Courts, this Court finds that the proposed amendments to LR10-AR00-5 comply with the

requirements of Administrative Rule 1(E), and should, accordingly, be approved.

IT IS, THEREFORE, ORDERED by this Court that amended Local Rule, LR10-AR00-5,

for the Clark Circuit Courts, set forth as an attachment to this Order, is approved and effective

on the date of this Order.

Done at Indianapolis, Indiana, on ___________ .

Loretta H. Rush

Chief Justice of Indiana

1/10/2025

RULE 5 [LR10-AR00-5]

ALLOCATION OF CASES

A. Applicability. This rule shall apply to all felony and misdemeanor cases filed in the Circuit

Courts in Clark County, Indiana and in the Clarksville Town Court.

B. Major Felony and Firearm Seizure/Retention Cases. Except as otherwise specifically

provided for, all cases which include Murder, Class A, Class B, Class C, Level 1, Level 2, Level

3, Level 4, or Level 5 Felony offenses as the most serious charged offense, shall be assigned as

follows:

1. Cases alleging the most serious offense was committed during the months of

February, April, June, August, October or December shall be assigned to the Judge of Circuit

Court No. 1.

2. Cases alleging the most serious offense was committed during the months of January,

March, May, July, September, or November shall be assigned to the Judge of Circuit Court No.

4.

3. Cases involving the seizure and retention of a firearm under I.C. 35-47-14 et. seq.

shall be filed as outlined in paragraph B.1 or B.2 as determined by the month in which the

firearm was seized.

Cases with co-defendants shall be filed in the same court.

C. Class D Felony and Level 6 Felony Cases and Misdemeanors. Except as otherwise

specifically provided, all cases having a Class D Felony or Level 6 as the most serious charge

shall be assigned to the Judge of Circuit Court No. 3. Misdemeanor offenses occurring in

Clarksville shall be assigned to the Judge of Clarksville Town Court; all other misdemeanor

offenses, except as noted in paragraph D below, shall be assigned to the Judge of Circuit Court

No. 5.

D. Traffic-Related Cases. All misdemeanor and felony cases which include a charge relating to

traffic or motor vehicles under Title 9, Article 30, Chapter 5 of the Indiana Code or Indiana

Code 35-42-1 (Homicide) shall be assigned to the Judge of Circuit Court No. 3, with the

exception noted below in F when a charge of Neglect of a Dependent is also filed. Traffic

infraction (IF) and ordinance violation (OV) cases shall be assigned to the Judge of Circuit

Court No. 5.

E. Controlled Substances and Civil Forfeiture Cases.

1. Except as otherwise specifically provided for, all Class A, Class B, Class C, Class D,

Level 1, Level 2, Level 3, Level 4, Level 5 and Level 6 felony cases which include a charge

related to Controlled Substances under Indiana Code 35-48 or Legend Drugs under Indiana

Code 16-42 shall be assigned to the Judge of Circuit Court No. 2.

2. Cases subject to paragraph E.1 above as a Class A, Class B, Class C, Level 1, Level 2,

Level 3, Level 4, or Level 5 Felony which also include a charge relating to traffic or motor

vehicles under Title 9, Article 30, Chapter 5 of the Indiana Code or Indiana Code 35-42-1

(Homicide) shall be assigned to the Judge of Circuit Court No. 2. Cases subject to paragraph E.1

above as a Class D, or Level 6 Felony which also include a charge relating to traffic or motor

vehicles under Title 9, Article 30, Chapter 5 of the Indiana Code or Indiana Code 35-42-1

(Homicide) shall be assigned to the Judge of Circuit Court No. 3.

3. Cases subject to paragraph E.1 above which also include a Level 4 or Level 5 Felony

offense under I.C. 35-47-4 et. seq., I.C. 35-47-2-1.5, or I.C. 35-43-4-2(a)(3) shall be assigned to

the Judge of Circuit Court No. 2. Cases subject to paragraph E.1 above which also include a

charge of murder, Class A, Class B, Class C, Level 1, Level 2, Level 3, Level 4, or Level 5

Felony offense shall be assigned to the Judge of Circuit Court No. 1 or No. 4 as outlined in

paragraph B above.

4. Cases involving civil forfeiture under I.C. 34-24-1 et. seq. and/or I.C. 34-24-2 et. seq.

shall be assigned to the Judge of Circuit Court No. 2.

F. Juvenile Criminal Cases. All cases which include a misdemeanor or felony charge against a

defendant alleged to be under the age of eighteen (18) at the time of the commission of the

offense, shall be assigned to the Judge of Circuit Court No. 4.

All cases which include a charge of Neglect of a Dependent or Contributing to the Delinquency

under Indiana Code 35-46-1-8 or Violation of Compulsory School Attendance under Indiana

Code 20-8.1-3 shall be assigned to the Judge of Circuit Court No. 4.

G. Attempt, Conspiracy, and Aiding Cases. For purposes of this Rule, when a case includes a

charge of Attempt under Indiana Code 35-41-5-1, Conspiracy under Indiana Code 35-41-5-1, or

Aiding under Indiana Code 35-41-2-4, proper assignment of the case shall be determined by

reference to the substantive offense underlying each charge.

H. Re-filing of Dismissed Cases. In the event a criminal case is dismissed, and thereafter, the

same or similar case is filed against the same defendant(s) based upon the same transaction, the

case shall be assigned to the judge who entered the Order of Dismissal on the earlier case.

I. Juvenile Paternity Cases. Juvenile Paternity cases shall be assigned to the Judge of Circuit

Court No. 4.

J. Other Juvenile Cases. All Juvenile CHINS cases, Juvenile Delinquency, Juvenile Status

cases, Juvenile Termination of Parental Rights cases, and Juvenile Miscellaneous cases shall be

assigned to the Judge of Circuit Court No. 4.

K. Mortgage Foreclosure and Civil Collection Cases. Mortgage Foreclosure cases shall be

assigned to the Judge of Circuit Court No. 1 and Civil Collection cases shall be assigned on an

equal basis to the Judges of Circuit Courts No. 5 and 6.

L. Civil Tort and Civil Plenary Cases. Civil Tort and Civil Plenary cases shall be assigned to

the Judge of Circuit Court No. 6.

M. Small Claims and Eviction Cases. All Small Claims and Eviction cases shall be assigned

on an equal basis to the Judges of Circuit Courts No. 1, 2, and 5.

N. Mental Health Cases. All Mental Health cases shall be assigned to the Judge of Circuit

Court No. 1.

O. Domestic Relations Cases. Domestic Relations cases (DC and DN) shall be assigned on an

equal basis to the Judges of Circuit Courts No. 1, 2 and 5.

P. Reciprocal Support and IV-D Child Support Cases. All Reciprocal Support cases and IV-D

child support issues shall be assigned to the Judge of Circuit Court No. 6. Any issues unrelated

to child support shall be referred back to the originating court to hear all pending issues.

Q. Protective Order Cases. All Protective Order cases shall be assigned to the Judge of Circuit

Court No. 6 except as follows consistent with LR10-FR00-10:

1. If a protection order has been granted in a Protection Order case (PO) and a Petition

for Dissolution of Marriage, Legal Separation Petition (DR, DC, or DN), or Juvenile Paternity

(JP) case, which involves the same parties, has been subsequently filed, the Protection Order

case shall be assigned to the judicial officer presiding over the Dissolution of Marriage, Legal

Separation Petition (DR, DC, or DN), or Juvenile Paternity (JP) action.

2. If a protection order is requested subsequent to the filing of a Petition for Dissolution

of Marriage, Legal Separation Petition (DR, DC, or DN), or Juvenile Paternity (JP) case, which

involves the same parties, the protection order matter shall be filed in a separate Protection

Order (PO) action, in the Court having jurisdiction over the Petition for Dissolution of

Marriage, Legal Separation Petition (DR, DC, or DN), or Juvenile Paternity (JP) action so that

the same judicial officer is presiding over both cases.

R. Guardianship and Estate Cases. Guardianship cases involving adults shall be assigned to

the Judge of Circuit Court No. 1 and Guardianship cases involving children shall be assigned to

the Judge of Circuit Court No. 4.

Estate cases (supervised and unsupervised) shall be assigned to the Judge of Circuit Court No. 1.

S. Trust Cases. All Trust cases shall be assigned to the Judge of Circuit Court No. 1.

T. Adoption Cases. All Adoption Cases shall be assigned to the Judge of Circuit Court No. 4.

U. Conservancy Districts. Conservancy district cases shall be assigned to the Judge of Circuit

Court No. 1.

V. Tax Sale. Tax sale cases shall be assigned to the Judge of Circuit Court No. 1.

W. Family Court Exceptions. This subsection applies to situations of pending CHINS or

juvenile delinquency matters in Circuit Court No. 4. Notwithstanding any other provision of

this Rule, when a family law case (e.g., dissolution, paternity, guardianship, adoption, reciprocal

support) or a modification of an existing family law case involving the same family in the

pending CHINS or juvenile delinquency matter is presented to the Clerk for filing, that matter

shall be filed in or transferred to Circuit Court No. 4. When a CHINS or juvenile delinquency

case is filed in Circuit Court No. 4 after a family law case has been filed in any other court, the

judge with jurisdiction over the family law case shall transfer that case to Circuit Court No. 4.

The Judge of Circuit Court No. 4 may request a transfer of certain criminal cases where those

cases have a direct impact on allocation of parenting time or placement of the child in a pending

CHINS or delinquency matter.

X. Problem Solving Court Exceptions. This subsection applies to any problem-solving court

operated by the Clark Circuit Courts. When an individual is accepted into the problem-solving

court, any case associated with that individual shall be transferred to the court having

jurisdiction over the problem-solving court.

Y. Exceptions for Defendant with Pending Cases. When a new criminal case filing involves a

defendant who has a pending criminal case, other than a Petition to Revoke Probation, the

provisions of this subsection shall apply. If a defendant has a pending case in Circuit Court No.

1 or Circuit Court No. 4 and is charged with a new offense that is not solely (1) a traffic or

driving related offense or (2) a felony drug or controlled substance offense, the new case shall be

filed where the current case is pending. If a defendant has a pending case in Circuit Court No. 2,

Circuit Court No. 3, or Circuit Court No. 5 that is not (1) a traffic or driving related offense or

(2) a felony drug or controlled substance offense, and a new case is filed against that defendant

in Circuit Court No. 1 or Circuit Court No. 4, the pending case in Circuit Court No. 2, Circuit

Court No. 3, or Circuit Court No. 5 shall be transferred to Circuit Court No. 1 or Circuit Court

No. 4 upon the filing of the new charge. If there is a pending level 6 felony filed in Circuit Court

No. 3 and the defendant is charged with a new misdemeanor offense, that misdemeanor offense

shall be filed in Circuit Court 3.

Z. Transfer of Cases. Any case that is transferred between courts shall be done so pursuant to

I.C. 33-33-10-15 and 33-33-10-15.3. Case numbers shall not be changed except upon the proper

transfer of a case pursuant to this rule.

AA. Magistrates. The presiding judges of the Clark Circuit Courts shall assign a magistrate to

serve any of the Circuit Courts in a manner which provides greater assistance to the courts with

greater caseloads.

BB. Error in Case Assignments. Any error in the assignment of a criminal case shall not

constitute grounds for an appeal or post-conviction relief unless actual bias or prejudice of the

judge hearing the case is demonstrated.

CC. Clerk Management of Case Assignment Process. The Clerk of the Circuit Courts shall,

upon the approval of the Judges of each Circuit Court, implement and manage an appropriate,

efficient system for distribution of cases described in the foregoing subsections as being the

object of assignment "on an equal basis."