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

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Terms Used In Indiana Code 33-34-6-4

  • Bailiff: a court officer who enforces the rules of behavior in courtrooms.
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • judge: means the judge of a small claims court established under this chapter unless otherwise indicated. See Indiana Code 33-34-1-1
  • Service of process: The service of writs or summonses to the appropriate party.
(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.

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