Ind. Code ch. 33-23-5

in effect

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 33-23-5-5 Repealed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 Repealed by P.L.162-2020, SEC.2.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 33-23-5-9 Repealed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 Repealed by P.L.162-2020, SEC.4.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 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 a full-time magistrate on July 1, 2010, and makes an election under IC 33-38-8-10.5; or (2) begins serving as a full-time magistrate after July 1, 2010; shall, beginning January 1, 2011, participate in the judges' 1985 benefit system under IC 33-38-8. [Pre-2004 Recodification Citation: 33-4-7-12.] As added by P.L.98-2004, SEC.2. Amended by P.L.122-2008, SEC.1.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/33Fetched: 10/17/2026