Section 33-33-49-32 - Appointment of magistrates; transfer of proceeding back to judge(a) In addition to the magistrate appointed under section 31 of this chapter, the judges of the superior court may, by a vote of a majority of the judges, appoint: (1) twelve (12) full-time magistrates under IC 33-23-5 after December 31, 2013, and until January 1, 2016, not more than six (6) of whom may be from the same political party;(2) sixteen (16) full-time magistrates under IC 33-23-5 after December 31, 2015, and until January 1, 2018, not more than eight (8) of whom may be from the same political party;(3) twenty (20) full-time magistrates under IC 33-23-5 after December 31, 2017, and until January 1, 2020, not more than ten (10) of whom may be from the same political party;(4) twenty-four (24) full-time magistrates under IC 33-23-5 after December 31, 2019, and until January 1, 2022, not more than twelve (12) of whom may be from the same political party; and(5) twenty-seven (27) full-time magistrates under IC 33-23-5 after December 31, 2021, not more than fourteen (14) of whom may be from the same political party.(b) The magistrates continue in office until removed in accordance with local rule.(c) A party to a superior court proceeding that has been assigned to a magistrate appointed under this section may request that an elected judge of the superior court preside over the proceeding instead of the magistrate to whom the proceeding has been assigned. A request under this subsection must be in writing and must be filed with the court: (1) in a civil case, not later than: (A) ten (10) days after the pleadings are closed; or(B) thirty (30) days after the case is entered on the chronological case summary, in a case in which the defendant is not required to answer; or(2) in a criminal case, not later than ten (10) days after the omnibus date. Upon a timely request made under this subsection by either party, the magistrate to whom the proceeding has been assigned shall transfer the proceeding back to the superior court judge.
Pre-2004 Recodification Citation: 33-5.1-2-27.
Amended by P.L. 53-2019,SEC. 1, eff. 7/1/2019.Amended by P.L. 129-2017,SEC. 2, eff. 7/1/2017.Amended by P.L. 173-2015, SEC. 9, eff. 7/1/2015.Amended by P.L. 100-2013, SEC. 1, eff. 7/1/2013.As added by P.L. 98-2004, SEC.12. Amended by P.L. 33-2005, SEC.1; P.L. 80-2006, SEC.15.