Ind. Sup. Ct. Order Approving Local Rules: order-local-rules-2025-25S-MS-362

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 includes 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 that 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.

All cases that include OWI with a child in the vehicle and Domestic Battery in the

presence of a child 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 Superior 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, Civil Plenary, and Commercial Court Eligible Cases. Civil Tort, Civil Plenary,

and Commercial Court Eligible cases shall be assigned to the Judge of Superior 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) and Grandparent

Visitation (GV) cases 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 Superior 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 and Firearm Seizure/Retention (civil) Cases. All Protective Order cases

shall be assigned to the Judge of Superior 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 have 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 the 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. Judicial Review of Administrative Agency Decisions (IC 4-21.5-5). Judicial Review of

Administrative Agency Decisions shall be assigned on an equal basis to the Judges of Circuit

Courts No. 1, 2, and 5.

X. 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.

Y. 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.

Z. 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 Superior 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 No. 3.

AA. 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.

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

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

greater caseloads.

CC. 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.

DD. 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 the distribution of cases described in the foregoing

subsections as being the object of assignment "on an equal basis."

RULE 15

[LR10-AR00-15]

APPOINTMENT OF SPECIAL JUDGES IN CIVIL CASES

A. Selection of Assignment Judge. On or before October 1st of each year, the Judges of the

Circuit Courts of Clark County shall meet with the presiding judges of Administrative District 23

for the purpose of selecting a judge designated as the assignment judge who shall serve the

Administrative District for a period of twelve (12) months.

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, the judge before whom

the case is pending shall send notice of the need of the appointment of a special judge to the

Administrative District’s assignment judge who shall then make such assignment within five (5)

days of receiving said notice.

C. Method of Assignment. The Administrative District’s assignment judge shall select

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

shall be in sequential order, beginning with the name of the judge following the last judge so

assigned. If, however, a judge is otherwise disqualified to hear a particular case, that judge shall

be deemed to be the next in sequence until assigned a case. The assignment judge shall maintain

a record of all assignments and shall issue a summary report of the assignments on a quarterly

basis.

D. Roster of Available Judges. The roster of available judges in Administrative District 23

shall be maintained by Court designation in the following sequential order and shall include senior

judges as available.

(1) Clark Circuit #1

(2) Clark Circuit #2

(3) Clark Circuit #3

(4) Clark Circuit #4

(5) Clark Circuit #5

(6) Clark Circuit #6

(7) Clark Magistrate A

(8) Clark Magistrate B

(9) Clark Magistrate C

(10) Clark Magistrate D

(11) Floyd Circuit

(12) Floyd Superior #1

(13) Floyd Superior #2

(14) Floyd Superior #3

(15) Floyd Magistrate

(16) Scott Circuit

(17) Scott Superior

(18) Scott Magistrate

(19) Senior Judges who agree to serve as Special Judge

E. Appointment Order. Upon selecting a special judge, the assignment judge shall

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

pending and enter an 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.

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 Procedures, the

Honorable of the Court of County is hereby

appointed to serve as special judge in the above-captioned case.

SO ORDERED AND ASSIGNED THIS DAY OF, BY

THE ASSIGNMENT JUDGE FOR THE 23RD JUDICIAL DISTRICT.

Assignment 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) or (H) 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 the 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 warrant 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 circumstances, this Rule shall not be implemented

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

RULE 16

[LR10-AR00-16]

APPOINTMENT OF SPECIAL JUDGES IN

CRIMINAL CASES

A. Pursuant to Ind. Admin. Rule1(E)(6) and Ind. Admin. Rule 21, this rule shall apply to the

reassignment of the case and the selection of special judges in felony and misdemeanor cases

where a change of judge is granted pursuant to Ind. Crim. Rule 2.4 or an order of disqualification

or recusal is entered in the case.

The reassignment procedure set forth in this rule shall also apply where a change of judge

is granted pursuant to Ind. Post-Conviction Remedy Rule 1(4)(b) and in proceedings to enforce a

statute defining an infraction and ordinance violation case where a change of judge is granted for

case pursuant to Crim. Rule 2.4.

B. Method of Assignment. The Administrative District’s assignment judge shall select

special judges from a roster of the available judges in the Administrative District, other contiguous

counties, or senior judges. The assignments shall be in sequential order beginning with the name

of the judge following the last judge so assigned. If, however, a judge is otherwise disqualified to

hear a particular case, that judge shall be deemed to be the next in sequence until assigned a case.

The assignment judge shall maintain a record of all assignments and shall issue a summary report

of the assignments on a quarterly basis.

C. A special judge in a criminal case shall be selected, by the assignment judge, from the list

of judges below on a rotating basis, which includes all judges from Administrative District 23,

judges in other contiguous counties and senior judges:

(1) Clark Circuit #1

(2) Clark Circuit #2

(3) Clark Circuit #3

(4) Clark Circuit #4

(5) Clark Circuit #5

(6) Clark Circuit #6

(7) Clark Magistrate A

(8) Clark Magistrate B

(9) Clark Magistrate C

(10) Clark Magistrate D

(11) Floyd Circuit

(12) Floyd Superior #1

(13) Floyd Superior #2

(14) Floyd Superior #3

(15) Floyd Magistrate

(16) Scott Circuit

(17) Scott Superior

(18) Scott Magistrate

(19) Jefferson Circuit

(20) Jefferson Superior

(21) Jefferson Magistrate

(22) Washington Circuit

(23) Washington Superior

(24) Senior Judges who agree to serve as Special Judge

D. Appointment Order. Upon selecting a special judge, the assignment judge shall prepare

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

and enter an Order of Appointment and forward a copy of the Order to the special judge and the

attorneys of record.

E. 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.

F. 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 Rule 21 of the Indiana Administrative Rules, the Honorable of

the Court of County is hereby appointed to serve as special

judge in the above-captioned case.

SO ORDERED AND ASSIGNED THIS DAY OF, BY

THE ASSIGNMENT JUDGE FOR THE 23RD JUDICIAL DISTRICT.

Assignment Judge

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

to serve as a special Judge under the provisions of Rule 21 of the Indiana Rules of Administrative

Rules, 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.

H. Certification to the 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 circumstances this Rule shall not be implemented

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