Ind. Sup. Ct. Order Approving Local Rules: order-local-rules-2025-25S-MS-178

In the

Indiana Supreme Court

In the Matter of the Approval of Local

Rules for Ripley County

Supreme Court Case No.

25S-MS-178

Order Approving Amended Local Rules

The Judges of the Ripley Circuit and Superior Courts request the approval of amended

local rules for caseload allocation and case assignments in accordance with Administrative

Rule 1(E), and for criminal special judge assignments in accordance with Administrative Rule

21. Attached to this Order are the proposed amended local rules.

Upon examination of the proposed rule amendments requested by the Ripley Circuit and

Superior Courts, this Court finds that the proposed amendments to LR69-AR-01 comply with

the requirements of Administrative Rule 1(E), and the amendments to LR69-AR-08 comply

with Administrative Rule 21, and, accordingly, should be approved.

IT IS, THEREFORE, ORDERED by this Court that amended Local Rules, LR69-AR-01

and LR69-AR-08, for the Ripley Circuit and Superior Courts, set forth as attachments to this

Order, are approved effective on the date of this Order.

Done at Indianapolis, Indiana, on ___________ .

Loretta H. Rush

Chief Justice of Indiana

7/14/2025

LR69-AR-01 CASE ASSIGNMENT AND LOCAL CASELOAD PLAN

Unless otherwise required by statute, the Clerk of Ripley Circuit Court and Superior Courts and the

Prosecuting Attorney of Ripley County, to the extent applicable, are directed to file the

following types of cases in the following manner:

A. All A, B, & C Felonies, all Level 1, 2, 3, 4, and 5 felonies, Murder and related Red Flag,

Post Conviction Relief Petitions and Expungements, Juvenile CHINS, Juvenile

Delinquent, Juvenile Status, Juvenile Paternity, Juvenile Miscellaneous, Juvenile

Termination of Parental Rights, Mental Health, Adoptions, Miscellaneous Estates,

Unsupervised Estates, Supervised Estates, Trusts, Guardianships, Grandparent

Visitation, Reciprocal Support, Domestic Relations, Domestic Relations with Children,

Domestic Relations without Children, Miscellaneous Civil, Civil Plenary, Civil Tort,

Commercial Court Eligible, and alternating Miscellaneous Criminal and unrelated Red

Flag in the Ripley Circuit Court.

B. All Level 6 and "D" Felonies, Criminal Misdemeanors and related Red Flag, Post

Conviction Relief Petitions and Expungements, Small Claims, Mortgage Foreclosure, Civil

Collections, Miscellaneous, Protective Orders, Judicial Review of Administrative Agency

Decisions, and alternating Miscellaneous Criminal and unrelated Red Flag, in the Ripley

Superior Court. The Prosecuting Attorney may file infractions and ordinance violations

in the Ripley Superior Court.

C. In criminal cases, the most serious count filed shall determine the proper court.

D. In the event the Prosecuting Attorney dismisses a criminal case and re-files against the

same Defendant or files another case in another court involving the same subject matter

and Defendant, the case shall be re-filed in the same Court in which the case was originally

filed or immediately transferred to the Court in which the same subject matter is pending.

E. In the event that a Defendant is charged with a Habitual Offender Enhancement

wherein Circuit Court Judge Ryan J. King prosecuted said Defendant for an alleged

predicate offense(s) and has recused (“recused Defendant”) and the State has also

filed a Motion to Join one or more other Defendant’s case(s) together with the

recused Defendant, then Superior Court Judge Jeffrey L. Sharp (or Special Judge

from list) may preside over the Motion to Join Hearing(s) and objections thereto, and,

if joined, any severance requests and related issues.

If Judge Sharp grants a Motion to Join two (2) or more cases and said cases remain

joined and proceed to a joint trial, then Judge Sharp will continue to preside over the

joined cases up to and through the joint trial and sentencing, if convicted, of all jointly

tried co-defendants.

If a Motion for Joinder is denied or denied as to any Defendant’s case; or the cases are

later severed; or the cases do not otherwise proceed to a joint trial, then the Defendant(s)

cases not proceeding to a joint trial with the recused Defendant’s case shall, as a general

matter, be transferred to Judge King for further proceedings and/or final disposition.

However, if good cause exists, such as a Criminal Rule 4 issue and/or a jury having

already been summonsed, Judge Sharp may dispose of said cases as necessary.

This subsection is to be construed so as to fulfill the purpose of allowing Defendant cases

to be tried together so long as a Judge finds that doing so is appropriate, but also to

ensure criminal cases are assigned as they otherwise would be, absent a joint trial, and

pursuant to the case allocation plan.

LR69-AR-08 SPECIAL JUDGE REASSIGNMENT

In the event it becomes necessary to reassign a criminal case under AR 21, in the Ripley Circuit

or Superior Court, the Clerk shall first reassign the case to the other sitting Ripley County

Judge and if that Judge cannot serve, then the Clerk shall reassign the case on a rotating basis

from the following list of judges in consecutive order:

1. Judge of the Dearborn-Ohio Circuit Court;

2. Magistrate of the Dearborn-Ohio Circuit Court;

3. Judge of the Dearborn Superior Court 1;

4. Judge of the Dearborn Superior Court 2;

5. Judge of the Decatur Circuit Court;

6. Judge of the Decatur Superior Court;

7. Magistrate of the Decatur Circuit/Superior Court;

8. Judge of the Franklin Circuit Court 1;

9. Judge of the Franklin Circuit Court 2;

10. Judge of the Jefferson Circuit Court;

11. Judge of the Jefferson Superior Court;

12. Magistrate of the Jefferson Circuit/Superior Court;

13. Judge of the Jennings Circuit Court;

14. Judge of the Jennings Superior Court;

15. Magistrate of the Jennings Circuit/Superior Court;

16. Judge of the Switzerland Circuit Court