Section 33-33-49-13.5 - Rights of municipal court judge serving as part-time judge on December 31, 1997; conditions; part-time judge standing for election; effect of ethics determinations(a) The municipal court judge:(1) whose term expires December 31, 1997; and(2) who is serving as a part-time judge on December 31, 1997; is entitled to continue serving as a part-time judge of the Marion superior court established under IC 33-5.1-2 (before its repeal, now codified at IC 33-33-49-6). The municipal court judge whose term expires December 31, 1997, and who is serving as a part-time judge on that date is entitled to continue serving as a part-time judge of the Marion superior court established under IC 33-5.1-2 (before its repeal, now codified at IC 33-33-49-6) until midnight December 31, 2000.
(b) The following apply to the part-time judge described in subsection (a):(1) The judge may not practice criminal law in the Marion superior court but may practice civil law in the Marion superior court.(2) The judge may convert to full-time status at any time.(3) The annual salary of the part-time judge shall be equal to the sum of forty percent (40%) of the salary of a full-time superior court judge. The salary of the part-time judge shall be paid on a percentage basis from the same sources providing the salary of a full-time superior court judge.(c) If the judge serving as part-time judge of the Marion superior court stands for election in the general election held November 7, 2000, and any subsequent election, and is elected as judge of the Marion superior court, the judge may continue to serve as a part-time judge, subject to the provisions of subsection (b).(d) If it is determined in a judicial ethics action that the judge serving as part-time judge of the Marion superior court may not engage in the practice of civil law before the Marion superior court, the cases in which the judge has entered an appearance or filed any pleadings shall be transferred to the Marion circuit court for further proceedings. The judge may continue to participate in the cases transferred to the circuit court. Cases transferred to the circuit court under this subsection have the same effect as if originally filed in or issued by the Marion circuit court.Amended by P.L. 6-2012, SEC. 213, eff. 2/22/2012.Added by P.L. 220-2011, SEC. 535, eff. 7/1/2011.