Indiana Code 34-35-1-5. Absence or loss of judge; selection of attorney to serve as temporary judge
(1) death, sickness, or other casualty; or
Terms Used In Indiana Code 34-35-1-5
- Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
- Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
- Clerk: means the clerk of the court or a person authorized to perform the clerk's duties. See Indiana Code 1-1-4-5
- Sheriff: means the sheriff of the county or another person authorized to perform sheriff's duties. See Indiana Code 1-1-4-5
so that the court will lapse.
(b) The sheriff may adjourn the court from day to day.
(c) If the judge fails to appear under subsection (a)(2):
(1) the clerk, the sheriff, and the auditor; or
(2) in case of the absence of the clerk, the sheriff, or the auditor, the two (2) who are present, together with the recorder of the county;
may elect any competent and reputable attorney to act as judge.
(d) If the attorney elected under subsection (c) accepts, the attorney shall qualify as other judges, and the attorney’s appointment, with the reason for the appointment and the attorney’s oath, shall be entered on the order book.
(e) A judge selected under this section (or IC 34-1-13-5 before its repeal) may preside until:
(1) the return of the regular judge;
(2) in case of death, until the judge’s successor is named; or
(3) in case of vacancy or if the judge is required to be absent, until a successor is named by the proper authority.
[Pre-1998 Recodification Citation: 34-1-13-5.]
As added by P.L.1-1998, SEC.31.