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Ind. Sup. Ct. Order Approving Local Rules: order-local-rules-2025-25S-MS-263

order-local-rules-2025-25S-MS-263

activein force · 2025-11-01 – presentcompiled-edition

In the

Indiana Supreme Court

In the Matter of the Approval of District

Rules for Judicial District 17

Supreme Court Case No.

25S-MS-263

Order Approving Amended District Rules

The Judges of Judicial District 17, comprised of Hancock, Johnson, and Shelby counties,

request the approval of amended district rules for special judge assignments in accordance with

Trial Rule 79 and Administrative Rule 21, and for court reporter services in accordance with

Administrative Rule 15. Attached to this Order are the proposed amended district rules.

Upon examination of the proposed rule amendments requested by Judicial District 17, this

Court finds that the proposed amendments to DR17-TR79-2 comply with Trial Rule 79, the

amendments to DR17-AR12-3 comply with Administrative Rule 21, and the amendments to

DR17-AR15-4 comply with Administrative Rule 15, and, accordingly, should be approved.

IT IS, THEREFORE, ORDERED by this Court that amended District Rules, DR17-

TR79-2, DR17-AR12-3, and DR17-AR15-4, for Judicial District 17, set forth as attachments to

this Order, are approved effective November 1, 2025.

Done at I

ndianapolis, Indiana, on ___________ .

Loretta H. Rush

Chief Justice of Indiana

10/2/2025

DR17-TR79-00002 APPOINTMENT OF A SPECIAL JUDGE IN CIVIL CASES.

A. Eligibility for Special Judge Service.

1. Agreement to Serve. Pursuant to Trial Rule 79(H), the full-time Judicial Officers

of Administrative District 17 shall be deemed in agreement to serve as a Special

Judge.

2. Prior Service Excluded. The appointment as Special Judge shall apply unless the

appointed Judicial Officer has previously served as Judge or Special Judge in the

case, is disqualified by interest or relationship, or is excused from service as a

Special Judge by the Indiana Supreme Court.

B. Appointment of a Special Judge. In the event of the need for the regular, sitting Judicial

Officer to recuse herself / himself from a normally assigned case, or should the

appointment of a Special Judge through agreement by the Parties pursuant to Trial Rule

79(D) fail, Special Judge appointment shall be made by the Johnson County Court

Administrator.

1. Priority Given to Local County Appointments. Special Judge appointments shall

be made within the local County, on a rotating basis. Following the appointment

of the Special Judge, the Special Judge may request that the case be transferred to

the Court of the Special Judge.

2. District (Outside County) Appointments. In the event that no local Judicial Officer

is available, a Special Judge shall be appointed, on a rotating basis, from the

available Judicial Officers within the Administrative District.

C. Acceptance of Appointment.

1. Acceptance Mandatory. Pursuant to Trial Rule 79(H), a person appointed to serve

as Special Judge under these rules must accept jurisdiction in the case, unless the

appointed Special Judge is disqualified pursuant to the Code of Judicial Conduct,

ineligible for service under these rules, or excused from service by the Indiana

Supreme Court.

2. Documentation. An oath or additional evidence of acceptance of jurisdiction is

not required.

D. Supreme Court Certification. In the event that no Judicial Officer in the Administrative

District is eligible to serve as a Special Judge, or the regular, sitting Judicial Officer in the

court in which the case is pending sets out particular circumstances why appointment

under these rules should not be made, then the regular, sitting Judicial Officer shall certify

the same to the Indiana Supreme Court for appointment of a Special Judge.

E. Discontinuation of Special Judge Service. The provisions of T.R. 79(I) apply if a Special

Judge ceases to serve following assumption of jurisdiction.

F. Method for Assignment and Related Records. The Administrative District Executive

Committee shall approve:

1. The methodology by which the rotation of Judicial Officers for selection as Special

Judge is made; and,

2. The maintenance of any records related thereto.

DR17-AR12-00003 APPOINTMENT OF A SPECIAL JUDGE IN CRIMINAL CASES.

A. Eligibility for Special Judge Service.

1. Available to Serve. Pursuant Administrative Rule 21, the Judicial Officers of

Administrative District 17 shall be deemed eligible to serve as a Special Judge.

2. Prior Service Excluded. The appointment as Special Judge shall apply unless the

appointed Judicial Officer has previously served as Judge or Special Judge in the

case, is disqualified by interest or relationship, or is excused from service as a

Special Judge by the Indiana Supreme Court.

B. Appointment of a Special Judge. In the event of the need for the regular, sitting Judicial

Officer to recuse herself / himself from a normally assigned case, Special Judge

appointment shall be made using the following procedures:

1. Priority Given to Local County Appointments. Pursuant to Criminal Rule 2.4 and

Administrative Rule 21, upon granting a change of judge or the disqualification or

recusal of a judge in a criminal case, post-conviction proceeding, infraction, or

ordinance violation, the case must first be returned to the local Clerk to be assigned

in the same manner as the initial judge.

2. District (Outside County) Appointments. In the event that no local Judicial Officer

is available, a Special Judge shall be appointed by the Johnson County Court

Administrator, on a rotating basis, from an alternative assignment list of full-time

judicial officers from contiguous counties and counties within Administrative

District 17 and senior judges. Except for those serving pursuant to Criminal Rule

2.4(E)(6), judges previously assigned to the case are ineligible for reassignment..

C. Acceptance of Appointment.

1. Acceptance Mandatory. Pursuant to Administrative Rule 21(A), a person

appointed to serve as Special Judge under these rules must accept jurisdiction in

the case, unless the appointed Special Judge is disqualified pursuant to the Code

of Judicial Conduct, ineligible for service under these rules, or excused from service

by the Indiana Supreme Court.

2. Documentation. An oath or additional evidence of acceptance of jurisdiction is

not required.

D. Supreme Court Certification. In the event that no Judicial Officer in the Administrative

District is eligible to serve as a Special Judge, or the regular, sitting Judicial Officer in the

court in which the case is pending sets out particular circumstances why appointment

under these rules should not be made, then the regular, sitting Judicial Officer shall certify

the same to the Indiana Supreme Court for appointment of a Special Judge.

E. Discontinuation of Special Judge Service. The provisions of Administrative Rule 21(D)

apply if a Special Judge ceases to serve following assumption of jurisdiction.

F. Method for Assignment and Related Records. The Administrative District Executive

Committee shall approve:

1. The methodology by which the rotation of Judicial Officers for selection as Special

Judge is made; and,

2. The maintenance of any records related thereto.

DR17-AR15-00004 TRANSCRIPT RATE.

Each county within the Administrative District shall amend its local rules, pursuant to

Administrative Rule 15 to provide for a consistent rate of $8.00 per each page of a transcript

prepared.

Provenance

Source
www.in.gov
Retrieved
2026-10-02
Edition
supplied-in-26-35-order-local-rules-2025-25s-ms-263-2025-11-01
Content hash
3732d800b4fb4e15e80e1d1cbea39a343b8c38f3d8d6c5659845fda5e68c12b6
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