Ind. Code ch. 33-34-6

Ind. Code § 33-34-6-1 Courtroom and office

Sec. 1. The township trustee shall provide a courtroom and an office for each judge in a convenient location within the township that has: (1) adequate access; (2) sufficient parking facilities; (3) a separate and appropriate courtroom; (4) proper space and facilities for the bailiff, clerks, and other employees; and (5) enough room for files and supplies. [Pre-2004 Recodification Citation: 33-11.6-8-1.] As added by P.L.98-2004, SEC.13. Amended by P.L.174-2006, SEC.7.

Ind. Code § 33-34-6-2 Supplies and maintenance

Sec. 2. A township shall: (1) furnish all: (A) supplies, including all blanks, forms, stationery, and papers of every kind, required for use in all cases in the township small claims court; and (B) furniture, books, and other necessary equipment and supplies; and (2) provide for all necessary maintenance and upkeep of the facilities where court is held. [Pre-2004 Recodification Citation: 33-11.6-8-2.] As added by P.L.98-2004, SEC.13. Amended by P.L.174-2006, SEC.8.

Ind. Code § 33-34-6-3 Clerks

Sec. 3. (a) Each township shall provide an appropriate and competitive salary for the number of clerks for the small claims court sufficient to: (1) operate efficiently; and (2) adequately serve the citizens doing business with the court. (b) The clerks of a small claims court: (1) shall be appointed by the judge; and (2) serve at the pleasure of the judge. [Pre-2004 Recodification Citation: 33-11.6-8-3.] As added by P.L.98-2004, SEC.13. Amended by P.L.170-2015, SEC.13.

Ind. Code § 33-34-6-4 Constable; election; deputies; compensation

Sec. 4. (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: (A) make arrests; (B) keep the peace; and (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: (1) emergency; or (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.