Indiana Code 34-47-3-7. Special judge; selection, powers, and duties
(b) This section does not apply to indirect contempts growing out of willfully resisting, hindering, delaying, or disobeying any lawful process or order of court.
Terms Used In Indiana Code 34-47-3-7
- Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
- Clerk: means the clerk of the court or a person authorized to perform the clerk's duties. See Indiana Code 1-1-4-5
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
(d) The court shall appoint the person who remains unchallenged under subsection (c) to preside in the cause as special judge.
(e) If the prosecuting attorney, the defendant, or the defendant’s attorney refuse to strike off the names under subsection (c), then the clerk of the court shall strike for them.
(f) If the person appointed under subsection (d) is an attorney and not a regular judge, and if that person consents to serve, the person shall be qualified as other judges. The person’s appointment and oath shall be filed with the clerk and entered on the order book of the court. The appointed person may hear and determine the cause until the cause is disposed of.
[Pre-1998 Recodification Citation: 34-4-8-1.]
As added by P.L.1-1998, SEC.43.