Section 33-34-6-4 - Constable; election; deputies; compensation(a) The voters of each township having a small claims court shall elect a constable for the small claims court at the general election every four (4) years for a term of office of four (4) years, beginning January 1 after election and continuing until a successor is elected and qualified. The ballot must state the: (1) name of the candidate; and(2) court for which the candidate is to serve.(b) Each small claims court shall have a constable who:(1) acts as the bailiff of the court;(2) serves the court's personal service of process;(3) has police powers to: (C) carry out the orders of the court;(4) must meet the qualifications prescribed by IC 3-8-1-31;(5) is compensated for each process that is delivered to effect personal service when serving as the bailiff for the court;(6) is responsible for: (A) the preparation and mailing of all registered or certified service and is compensated for each process served by mail; and(B) all the official acts of the deputies;(7) is compensated solely from the service of process fees collected under IC 33-34-8-1; and(8) may require a deputy to give a bond for the proper discharge of the deputy's duties for an amount fixed by the constable.(c) The elected constable may appoint full-time and part-time deputies for assistance in the performance of official duties who: (1) perform all the official duties required to be performed by the constable;(2) possess the same statutory and common law powers and authority as the constable;(3) must take the same oath required of the constable;(4) are compensated solely from the service of process fees collected under IC 33-34-8-1; and(5) serve at the pleasure of the constable and may be dismissed at any time with or without cause.(d) If there is an: (2) inability of a constable to carry out the constable's duties; the judge may appoint a special constable to carry out the duties of the constable during the emergency or inability.
Pre-2004 Recodification Citation: 33-11.6-8-4.
As added by P.L. 98-2004, SEC.13.