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33-23-5-1. Application of Chapter

Sec. 1. This chapter applies to a court expressly authorized by statute to appoint a full-time magistrate. [Pre-2004 Recodification Citation: 33-4-7-1.] As added by P.L.98-2004, SEC.2.

33-23-5-10. Salary

Sec. 10. A magistrate is entitled to an annual salary equal to eighty percent (80%) of the salary of a judge under IC 33-38-5-6. [Pre-2004 Recodification Citation: 33-4-7-9.1.] As added by P.L.98-2004, SEC.2.

33-23-5-11. Source of Salary

Sec. 11. Except as provided in section 12 of this chapter, the state shall pay the salary of a magistrate. A county located in the circuit that the magistrate serves may supplement the magistrate’s salary. [Pre-2004 Recodification Citation: 33-4-7-10.] As added by P.L.98-2004, SEC.2.

33-23-5-12. Juvenile Court Magistrate Salary

Sec. 12. The salary of a magistrate appointed under IC 31-31-3-2 shall be paid in accordance with IC 33-38-5-7. [Pre-2004 Recodification Citation: 33-4-7-11.] As added by P.L.98-2004, SEC.2.

33-23-5-13. Participation in Retirement Systems

Sec. 13. (a) Except as provided in subsection (b), a magistrate may: (1) participate in the public employees’ retirement fund as provided in IC 5-10.3; or (2) elect to remain in the judges’ retirement system under IC 33-38 if the magistrate had previously participated in the system. (b) A person who: (1) is serving as […]

33-23-5-2. Qualifications

Sec. 2. A magistrate must be admitted to the practice of law in Indiana. [Pre-2004 Recodification Citation: 33-4-7-2.] As added by P.L.98-2004, SEC.2.

33-23-5-3. Restriction on Practice of Law

Sec. 3. A magistrate may not engage in the practice of law while holding the office of magistrate. [Pre-2004 Recodification Citation: 33-4-7-3.] As added by P.L.98-2004, SEC.2.

33-23-5-4. Confidentiality of Applicant Files

Sec. 4. The files of applicants for appointment as a magistrate, including the names of applicants, are confidential as provided in IC 5-14-3-4(b)(8). [Pre-2004 Recodification Citation: 33-4-7-3.5.] As added by P.L.98-2004, SEC.2.

33-23-5-5. Repealed

[Pre-2004 Recodification Citation: 33-4-7-4.] As added by P.L.98-2004, SEC.2. Amended by P.L.127-2008, SEC.3; P.L.173-2015, SEC.4; P.L.266-2019, SEC.1. Repealed by P.L.162-2020, SEC.2.

33-23-5-6. Service as Judge Pro Tempore or Special Judge

Sec. 6. A magistrate may serve as a judge pro tempore or as a special judge of the court. A magistrate is not entitled to additional compensation for service under this section. [Pre-2004 Recodification Citation: 33-4-7-5.] As added by P.L.98-2004, SEC.2.

33-23-5-7. Administrative Duties

Sec. 7. The court may assign a magistrate administrative duties that are consistent with this chapter. [Pre-2004 Recodification Citation: 33-4-7-6.] As added by P.L.98-2004, SEC.2.

33-23-5-8. No Power of Judicial Mandate

Sec. 8. A magistrate does not have the power of judicial mandate. [Pre-2004 Recodification Citation: 33-4-7-7.] As added by P.L.98-2004, SEC.2. Amended by P.L.127-2008, SEC.4; P.L.161-2018, SEC.47; P.L.266-2019, SEC.2.

33-23-5-8.5. Powers of Magistrate

Sec. 8.5. Except as provided in section 8 of this chapter, a magistrate has the same powers as a judge. As added by P.L.162-2020, SEC.3.

33-23-5-9. Repealed

[Pre-2004 Recodification Citation: 33-4-7-8.] As added by P.L.98-2004, SEC.2. Amended by P.L.108-2015, SEC.2; P.L.173-2015, SEC.5; P.L.266-2019, SEC.3. Repealed by P.L.162-2020, SEC.4.