Ind. Sup. Ct. Order Approving Local Rules: order-local-rules-2025-25S-MS-4

In the

Indiana Supreme Court

In the Matter of the Approval of Local

Rules for Johnson County

Supreme Court Case No.

25S-MS-4

Order Approving Amended Local Rules

The Judges of the Johnson 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) and for court reporter services in accordance with Administrative Rule

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

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

and Superior Courts, this Court finds that the proposed amendments to LR41-AR-58, LR 41-

AR-60, LR41-AR-63, LR41-CR-65, and LR41-CR-68, comply with Administrative Rule 1(E)

and that the amendments to LR41-AR-30 and LR41-AR-31 comply with Administrative Rule

15, and, accordingly, should be approved.

IT IS, THEREFORE, ORDERED by this Court that amended Local Rules, LR41-AR-58,

LR 41-AR-60, LR41-AR-63, LR41-CR-65, LR41-CR-68, LR41-AR-30, and LR41-AR-31 for the

Johnson Circuit and Superior Courts, set forth as attachments to this Order, are approved

effective upon the date of this Order.

Done at Indianapolis, Indiana, on ___________ .

Loretta H. Rush

Chief Justice of Indiana

1/8/2025

Rules for Court Reporters

LR41 - AR - 030: Scope.

These rules apply in the Johnson County Circuit Court; the Johnson County Circuit Court,

Juvenile Division; Johnson Superior Court 1; Johnson Superior Court 2; Johnson Superior Court

3; Johnson Superior Court 4; and the Johnson County Magistrate Court.

LR41 - AR - 031: Compensation.

A. Salary. Court Reporters shall be paid an annual salary for time spent working under the

control, direction and direct supervision of their supervising Judge during any Regular

Work Hours, Gap Hours Worked, or Overtime Hours. The supervising Judge shall enter

into a written agreement with the Court Reporters which outlines the manner in which

the Court Reporter is to be compensated for Gap and Overtime Hours; i.e. monetary

compensation or compensatory time off regular work hours.

B. Charges for Transcript Preparation:

1. Unless otherwise noted in this rule, or otherwise provided by specific, written order

of the Judge, the per page fee for the preparation of a Certified Transcript is $5.00.

2. The Court Report shall submit a claim directly to the County for the preparation

of any County Indigent Transcripts.

3. At the Judge's discretion, a per page fee exceeding $5.00, but not more than $6.25,

may be charged for the preparation of a Transcript in cases of Emergency,

Insufficient Notice, or Short Notice.

4. The per page fee a Court Reporter may charge for an uncertified copy of a

previously prepared Transcript shall be $1.00.

C. Charges in Addition to Transcript Preparation.

1. Preparation of the Additional Documents required by Indiana Rules of Appellate

Procedure 28(A) and 29 shall be compensated at the standard per page fee of $5.00.

2. Preparation of the Transcript, Additional Documents, and Exhibits as required by

Indiana Rules of Appellate Procedure 28(A) and 29 shall be compensated at the

Court Reporter's hourly rate of the annual court reporter salary, as determined by

the Johnson County Council annual salary ordinance. Such work shall be

accounted for and billed in fifteen (15) minute increments.

3. The Court Reporter shall charge for office supplies required and utilized for the

preparation and electronic transmission of the Transcript, pursuant to Indiana

Rules of Appellate Procedure 28 and 29.

a. At the direction of the Judge, the necessary supplies for County Indigent

Transcripts may be provided by the Court.

D. Payment Arrangements.

1. Pursuant to Indiana Rule of Appellate Procedure 9(H), the party requesting a

Transcript shall make satisfactory payment arrangements with the Court Reporter

prior to the commencement of the Transcript preparation.

2. A deposit of at least one half (1/2) of the estimated cost of the completed Transcript

will be required by the Court Reporter before beginning any Transcript.

Plan for Allocation of Judicial Resources (Caseload Allocation Plan)

LR41 - AR - 058: Remaining Civil Cases.

A. Reciprocal Support. Reciprocal Support (RS) cases shall be filed in the Johnson Circuit

Court and will be heard by the Magistrate of the Juvenile and Family Court.

B. Probate. All Probate cases (AD, ES, EM, EU, GU, MH, and TR) shall be filed in the

Johnson Superior Court No. 2.

C. Domestic Relations.

1. With Children. Domestic Relations with Children (DC) cases shall be filed in the

Johnson Circuit Court, the Johnson Superior Court No. 1, and the Johnson

Superior Court No. 4 on a random and even basis.

2. Without Children. Domestic Relations without Children (DN) cases shall be filed

in the Johnson Circuit Court, the Johnson Superior Court No. 1, and the Johnson

Superior Court No. 4 on a random and even basis.

D. Small Claims. Small Claims (SC) cases, including Evictions (EV), shall be filed in the

Johnson Circuit and Superior Courts on a random and even basis. Small Claims cases

shall be heard by the Magistrate of the Johnson Circuit and Superior Courts.

E Protection Order. Protection Order cases shall be filed in the Johnson Circuit and Superior

Courts, on a random and even basis, unless involving the same parties in a pending Civil

or Juvenile case (i.e., AD, DC, DN, GU, JC, JD, JM, JP, JS, JT, etc.).

1. Not Associated with Other Cases. Protection Order (PO) cases not associated with

other pending Civil or Juvenile case shall be heard by the Magistrate of the Johnson

Circuit and Superior Courts.

2. Associated with Other Cases. Protection Order (PO) cases associated with other

pending Civil or Juvenile cases involving the same parties shall be opened in the

courts wherein such associated cases are pending and may, at the discretion of the

presiding Judge, be heard by the Magistrate of the Johnson Circuit and Superior

Courts.

F. Tax Sale Cases. Application for Judgment in Tax Sale (TS) and Verified Petition for Tax

Deed (TP) cases shall be filed in Johnson Superior Court No. 2.

G. Civil Cases. Unless a specific provision of this rule provides otherwise, all remaining civil

case types (CC, CT, EV, MF, MI, PC, PL, RF, and XP) shall be filed in the Johnson

Superior Court No. 2 and the Johnson Superior Court No. 4 on a random and even basis.

1. Post-Conviction Relief.

a. Post-Conviction Relief (PC) cases shall be filed in the court which

sentenced the Petitioner.

b. Post-Conviction Relief cases may be assigned to the Magistrate of the

Johnson Circuit and Superior Courts.

2. Expungement / Sealing (pursuant to I.C. 35-38-9-1, et seq.). Expungement (XP)

cases shall be heard by the Magistrate of the Johnson Circuit and Superior Courts.

3. Special Driving Privileges (pursuant to I.C. 9-30-16-1, et seq.). Civil Miscellaneous

(MI) cases filed to petition for Special Driving Privileges shall be heard by the

Magistrate of the Johnson Circuit and Superior Courts.

LR41 - AR - 060: Evaluation of Workload Information.

A. Future Review. Future review of the Caseload Allocation Plan shall be conducted in

compliance with the Schedule for the same established pursuant to Administrative Rule 1.

B. Caseload Evaluation. The caseload evaluation shall factor in the disparate allocation of

administrative duties among the judicial officers, as well as any special circumstances such

as death penalty cases.

C. Special Service. Special service by: 1) Johnson County judicial officers outside their own

courts; or, 2) special, senior judges, or transfer Judges serving in the Johnson County

Courts shall also be considered. Such service shall be calculated, in accordance with the

Weighted Caseload Worksheet and criteria established by the Indiana Supreme Court

Division of State Court Administration, to the nearest half day of service.

D. Caseload Allocation Plan Schedule. Pursuant to the evaluation of factors outlined in steps

1-3 above, changes necessary to ensure that the Johnson County Courts remain in

compliance with the Order for Development of Local Caseload Plans shall be developed

and approved by a majority vote of the judicial officers and shall become effective on

January 1 of the following year, unless good cause is shown pursuant to Indiana Trial Rule

81.

E. Bi-annual Review. Pursuant to Indiana Administrative Rule 1, the Johnson County

Caseload Allocation Plan is subject to review in odd-numbered years.

LR41 - AR- 063: Random Case Assignment.

A. Murder and Level 1 Felonies. All cases involving Murder (MR) and Level 1 Felonies (F1)

shall be assigned on a random and equal basis among the Johnson Circuit Court, Johnson

Superior Court No. 1, and Johnson Superior Court No. 3.

B. All Other Felonies. In conjunction with the Amended Johnson County Plan for

Allocation of Judicial Resources, and subject to the provisions of LR41 - CR - 064 and

LR41 - CR - 065, all other cases involving Felonies shall assigned on a random and equal

basis among the Johnson Circuit Court, Johnson Superior Court No. 1, and Johnson

Superior Court No. 3.

C. Misdemeanors, Infractions, and Ordinance Violations. In conjunction with the Amended

Johnson County Plan for Allocation of Judicial Resources, and subject to the provisions

of LR41 - CR - 063 and LR41 - CR -64, Misdemeanors (CM), Infraction (IF), and

Ordinance Violation (OV) cases shall be assigned to the Johnson Superior Court No. 3.

D. Miscellaneous Criminal Cases.

1. Search Warrants. Miscellaneous Criminal cases opened for Search Warrants shall

be assigned based upon the annual Judges’ On-Call Schedule.

2. Grand Jury. Miscellaneous Criminal cases opened for Grand Jury proceedings

shall be opened in the court of the supervising Judge, pursuant to Rule LR41-CR-

068.

3. General.

a. Miscellaneous Criminal cases opened for rights advisements shall be filed

in the Johnson Circuit and Superior Courts on a random and even basis;

b. Miscellaneous Criminal cases opened for rights advisements and

extraditions shall be heard by the Magistrate of the Johnson County Circuit

and Superior Courts; and,

c. Miscellaneous Criminal cases opened for probation transfers shall be

assigned to the Johnson Circuit Court.

d. Criminal Red Flag (RF) cases shall be assigned on a random and equal

basis between Johnson Circuit Court, Johnson Superior Court No. 1, and

Johnson Superior Court No. 3.

LR41 - CR- 065: Non-support of Dependents.

Charges of Nonsupport of a Dependent Child shall be assigned to the Johnson Superior Court 1.

LR41 - CR - 068: Grand Jury Supervision.

A. Grand Jury supervision shall rotate among the Johnson Circuit Court, Johnson Superior

Court No. 1, and Johnson Superior Court No. 3 in the following manner:

1. Requests for a Grand Jury filed between January 1 and April 30 shall be supervised

by the Johnson Circuit Court.

2. Requests for a Grand Jury filed between May 1 and August 31 shall be supervised

by the Johnson Superior Court No. 1.

3. Requests for a Grand Jury filed between September 1 and December 31 shall be

supervised by the Johnson Superior Court No. 3.

B. The Court’s Bailiff shall, at the time of the creation of the Quarterly Venire List pursuant

to the Amended Local Rules Regarding Selection of Procedures for Juror Selection,

randomly draw the names of twelve (12) Grand Jurors to serve as such.

C. Any new criminal case filings which result from Grand Jury Proceedings shall be filed in

the Court in which the Grand Jury Proceedings were held, as an exception to LR41 - CR

- 063.