Ind. Trial Rule 60.5

Effective February 4, 2009

(A) Scope of mandate.

Courts shall limit their requests for funds to those which are reasonably necessary for the

operation of the court or court-related functions. Mandate will not lie for extravagant, arbit-

rary or unwarranted expenditures nor for personal expenditures (e.g., personal telephone

bills, bar association memberships, disciplinary fees). Prior to issuing the order, the court

shall meet with the mandated party to demonstrate the need for said funds. At any time in

the process, the dispute may be submitted to mediation by agreement of the parties or by

order of the Supreme Court or the special judge.

(B) Procedure.

Whenever a court, except the Supreme Court or the Court of Appeals, desires to order either

a municipality, a political subdivision of the state, or an officer of either to appropriate or to

pay unappropriated funds for the operation of the court or court-related functions, such

court shall issue and cause to be served upon such municipality, political subdivision or

officer an order to show cause why such appropriation or payment should not be made. Such

order to show cause shall be captioned “Order for Mandate of Funds”. The matter shall be set

for trial on the merits of such order to show cause unless the legislative body, the chief executive officer or the affected officer files a waiver in writing of such a trial and agrees to make

such appropriation or payment. The trial shall be without a jury, before a special judge of the

court that made the order. There shall be no change of venue from the county or from the

special judge appointed by the Supreme Court. The court shall promptly notify the Supreme

Court of the entry of such order to show cause and the Supreme Court shall then appoint as

special judge an attorney who is not a current or former regular judge and who does not

reside nor regularly practice law in the county issuing the Order of Mandate of Funds or in

any county contiguous thereto. If the appointed judge fails to qualify within seven [7] days

after he has received notice of his appointment, the Supreme Court shall follow the same procedure until an appointed judge does properly qualify. Unless expressly waived by the

respondent in writing within thirty (30) days after the entering of the trial judge’s decree, a

decree or order mandating the payment of funds for the operation of the court or court-related functions shall be automatically reviewed by the Supreme Court. Promptly on expir-

ation of such thirty (30) day period, the trial judge shall certify such decree together with

either a stipulation of facts or an electronic transcription of the evidence to the Supreme

Court. No motion to correct error nor notice of appeal shall be filed. No mandate order for

appropriation or payment of funds made by any court other than the Supreme Court or

Court of Appeals shall direct that attorney fees be paid at a rate greater than the reasonable

and customary hourly rate for an attorney in the county. No mandate order shall be effective

unless it is entered after trial as herein provided and until the order has been reviewed by the

Supreme Court or such review is expressly waived as herein provided.