(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 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.]As added by P.L.98-2004, SEC.12. Amended by P.L.33-2005, SEC.1; P.L.80-2006, SEC.15; P.L.100-2013, SEC.1; P.L.173-2015, SEC.9; P.L.129-2017, SEC.2; P.L.53-2019, SEC.1; P.L.123-2021, ion: 33-5.1-2-27.]As added by P.L.98-2004, SEC.12. Amended by P.L.33-2005, SEC.1; P.L.80-2006, SEC.15; P.L.100-2013, SEC.1; P.L.173-2015, SEC.9; P.L.129-2017, SEC.2; P.L.53-2019, SEC.1; P.L.123-2021, SEC.9.
Indiana Legal Code