Ind. Sup. Ct. Order Approving Local Rules: order-local-rules-2025-25S-MS-214

In the

Indiana Supreme Court

In the Matter of the Approval of Local

Rules for Jefferson County

Supreme Court Case No.

25S-MS-214

Order Approving Amended Local Rules

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

local rules for caseload allocation and criminal case assignment in accordance with

Administrative Rule 1(E), for court reporter services in accordance with Administrative Rule 15,

for criminal special judge assignments in accordance with Administrative Rule 21, and for

special judge assignments in accordance with Trial Procedure Rule 79. Attached to this Order

are the proposed amended local rules.

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

and Superior Courts, this Court finds that the proposed amendments to LR39-AR-1-AD-7 and

LR39-AR-21 comply with the requirements of Administrative Rule 1(E), the amendments to

LR39-AR-15-AD-6 comply with Administrative Rule 15, the amendments to LR39-AR-21

comply with Administrative Rule 21, and the amendments to LR39-TR-79-TR-3 comply with

Trial Rule 79, and, accordingly, should be approved.

IT IS, THEREFORE, ORDERED by this Court that amended Local Rules, LR39-AR-1-

AD-7, LR39-AR-15-AD-6, LR39-AR-21, and LR39-TR-79-TR-3, for the Jefferson Circuit and

Superior Courts, set forth as attachments to this Order, are approved effective January 1, 2026.

D

one at Indianapolis, Indiana, on ___________ .

Loretta H. Rush

Chief Justice of Indiana

8/20/2025

LR39-AR-1-AD-7

Caseload Allocation

Pursuant to AR1, the Courts of Jefferson County, Indiana, adopt the following local rules as to

caseload allocation:

1. All Child in Need of Services (CHINS), juvenile, mental health, probate, paternity and

cases for which the Prosecuting Attorney’s IV-D office has entered an appearance shall

be filed in Circuit Court.

2. Any DR, DC, or RS case, in which the Prosecuting Attorney’s IV-D office enters an

appearance subsequent to the initial filing, shall be transferred to the Jefferson Circuit

Court upon the entry of appearance by the Prosecuting Attorney’s IV-D office.

3. Any DC, DN or PO case initiated as an original action after December 31, 2025, shall be

filed in Circuit Court.

4. Any CC, CT, MF or MI case initiated as an original action after December 31, 2025,

shall be filed in Superior Court.

5. All small claims cases and evictions where the damages alleged are less than ten

thousand dollars ($10,000.00) shall be filed in the Jefferson Superior Court.

6. All criminal cases shall be filed pursuant to LR 39-CF-2.2-CR-2.

7. All other cases may be filed in either Court.

8. The Judges of the Circuit and Superior Courts retain authority to reassign all types of

individual cases between the courts whenever the workload of each court or convenience

in the handling the case makes such a reassignment judicially desirable.

LR39-AR-21

Assignment & Reassignment of Criminal Cases

A. Except as herein set forth, all misdemeanor cases shall be filed in the Jefferson Superior

Court.

B. Any Title 35 offenses where the defendant is under the age of eighteen shall be filed in

the Jefferson Circuit Court. All Level 5 and Level 6 felony non-support cases shall be

filed in the Jefferson Circuit Court.

C. All other Level 6 and Level 5 felonies shall be filed in the Jefferson Superior Court.

D. All murder and Level 1, Level 2, Level 3 and Level 4 felony cases shall be filed in the

Jefferson Circuit Court.

E. Any criminal charge based upon the issuance of a protective order issued by either Court

shall be filed in the Court that issued the protective order. Any criminal case against a

person who has a pending petition to revoke probation case in either Court shall be filed

in the Court where the probation revocation is pending, except murder and Level 1

felony charges which shall be filed in the Jefferson Circuit Court, or where such transfer

would create a conflict of intertest for the intended receiving judge.

F. Any cases which may be joined by statutes shall be treated as one case for purposes of

determining which Court shall be selected. The highest charge filed shall determine

selection.

G. The judges of the two courts shall retain authority to reassign cases between the courts

whenever the work load of each Court, or convenience in handling the case, makes such

a reassignment judicially desirable. When a disqualification or recusal of a sitting judge

has occurred pursuant to Code of Judicial Conduct 2.11(A)(1) and a successor judge

cannot be assigned in the same manner as the initial judge, Senior Judge Carl Taul shall

be assigned to preside over those cases for purposes of the effective use of judicial

resources. Should Senior Judge Taul decline appointment, be otherwise unable to serve

or if a party has lodged a written objection, another Senior Judge who has elected to

serve Jefferson County shall be appointed.

H. When a change of Judge has been granted pursuant to Administrative Rule 21(A) and a

successor judge cannot be assigned in the same manner as the initial judge, the Clerk

shall assign a full-time judicial officer or a senior judge, including but not limited to:

1. Judge of the Scott Circuit Court

2. Judge of the Scott Superior Court

3. Magistrate of the Scott Circuit & Superior Courts

4. Judge of the Switzerland Circuit Court

5. Judge of the Jennings Circuit Court

6. Judge of the Jennings Superior Court

7. Magistrate of the Jennings Circuit & Superior Courts

8. Judge of the Ripley Circuit Court

9. Judge of the Ripley Superior Court

10. Judge of the Clark Circuit Court 1

11. Judge of the Clark Circuit Court 2

12. Magistrate of the Clark Circuit Court 2 and Superior Court 6

13. Judge of the Clark Circuit Court 3

14. Magistrate of the Clark Circuit Court 3

15. Judge of the Clark Circuit Court 4

16. Magistrate of the Clark Circuit Court 4

17. Judge of the Clark Superior Court 5

18. Magistrate of the Clark Superior Court 5

19. Judge of the Clark Superior Court 6

20. Judge of the Dearborn/Ohio Circuit Court

21. Magistrate of the Dearborn/Ohio Circuit Court

22. Judge of the Dearborn Superior Court 1

23. Judge of the Dearborn Superior Court 2

24. Any Senior Judge who has elected to serve in Jefferson County

LR39-AR-15-AD-6

Court Reporter Services

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

direction and direct supervision of the court during any regular hours, gap hours or

overtime hours.

2. Court Reporters shall do all transcripts on their own time and using their own

equipment.

3. Court Reporters may charge $5.00 per page for indigent and non-indigent appellate and

non-appellate transcripts, including table of contents pages and the volume cover pages.

Court Reporters may charge $5.00 per page for other transcripts and $2.50 per page for

copies of transcripts and exhibit volume. If the Court Reporter is requested to prepare an

expedited transcript, the maximum per page fee shall be $8.00 per page where the

transcript must be prepared within 24 hours or less and $6.50 Per page where the

transcript us be prepared within 3 working days. A minimum fee of $50.00 may be

charged for transcripts of ten pages or less. An hourly rate of $22.00 per hour may be

charged for assembling the transcript and exhibit volumes.

4. Court Reporters shall submit directly to the county claims for indigent transcripts.

5. Court Reporters on a form prescribed by the state, shall on an annual basis report

income for transcripts to the Indiana Supreme Court Office of Judicial Administration

(IOJA), on forms prescribed by IOJA, all transcript fees (either county indigent, state

indigent, or private) received by the court reporter.

6. If a court reporter elects to engage in private practice through recording of a deposition

and/or preparing of a deposition transcript, said private practice shall be conducted

outside of regular working hours and the court shall enter into a written agreement with

the court reporter which outlines the manner in which the court reporter is to be

compensated for gap and overtime hours; i.e. either monetary compensation or

compensatory time off regular work hours. If the court reporter desires to utilize the

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

(1) the reasonable market rate for the use of equipment, work space and supplies;

(2) the method by which records are to be kept for the use of equipment, work space and

supplies;

(3) the method by which the court reporter is to reimburse the court for the use of the

equipment, work space and supplies.

7. The Court can also contract transcript preparation to non-employees at the prices

heretofore stated.

LR39-TR-79-TR-3

Special Judge Assignment in Civil Cases

Whenever a special judge is not agreed upon by the parties within seven (7) days of the

notation of an order granting a change of judge or an order of disqualification on the

chronological case summary, as set out in Rule 79(D) of the Indiana Rules of Trial

Procedure, and is to be selected pursuant to Trial Rule 79(H), the following method shall be

used:

A. The Jefferson County Clerk shall select a Special Judge by making a random

selection from the following list, excluding the then presiding judge of the Court and

the judge before whom the cases then pending:

1. Judge of the Jefferson Circuit Court

2. Judge of the Jefferson Superior Court

3. Judge of the Dearborn and Ohio Circuit Courts

4. Judge of the Dearborn Superior Court – No. 1

5. Judge of the Dearborn Superior Court – No. 2

6. Magistrate of the Dearborn Circuit Court

7. Judge of the Switzerland Circuit Court

8. Judge of the Ripley Circuit Court

9. Judge of the Ripley Superior Court

10. Any Senior Judge who has elected to serve in Jefferson County

B. In the event no judge listed above is eligible to serve as a special judge or the

particular circumstances of a case warrant selection of a special judge by the

Indiana Supreme Court, that situation shall be certified to the Indiana Supreme

Court for selection of a special judge.