Sec. 7. (a) Except as provided in subsection (b), this section applies to all cases of indirect contempt of courts of this state, other than the supreme court or the court of appeals.

     (b) This section does not apply to indirect contempts growing out of willfully resisting, hindering, delaying, or disobeying any lawful process or order of court.

     (c) The court against which the alleged contempt was committed shall, at the time the rule to show cause is issued, nominate three (3) competent and disinterested persons, each of whom shall be an available judge or member of the Indiana bar, to be submitted to the parties in the action, from which the state, by the prosecuting attorney, and the defendant shall immediately strike off one (1) name each.

     (d) The court shall appoint the person who remains unchallenged under subsection (c) to preside in the cause as special judge.

     (e) If the prosecuting attorney, the defendant, or the defendant’s attorney refuse to strike off the names under subsection (c), then the clerk of the court shall strike for them.

     (f) If the person appointed under subsection (d) is an attorney and not a regular judge, and if that person consents to serve, the person shall be qualified as other judges. The person’s appointment and oath shall be filed with the clerk and entered on the order book of the court. The appointed person may hear and determine the cause until the cause is disposed of.

[Pre-1998 Recodification Citation: 34-4-8-1.]

As added by P.L.1-1998, SEC.43.