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Anderson City Court, Indiana

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The Anderson City Court resides in Indiana. Click on the links below to learn more about the court's...

Jurisdiction

This court holds the following jurisdiction:[1][2][3][4][5]

Sec. 3. A city court has the following jurisdiction over crimes, infractions, and ordinance violations:

(1) Jurisdiction of all violations of the ordinances of the city.

(2) Jurisdiction of all misdemeanors and all infractions.

(3) If the city that established the city court has entered into an interlocal agreement described in IC 33-35-1-6, jurisdiction of all other ordinance violations described in the interlocal agreement.[6]

Sec. 4. A city court has concurrent jurisdiction with the circuit court in civil cases in which the amount in controversy does not exceed five hundred dollars ($500). However, the city court does not have jurisdiction in actions for:

(1) slander;

(2) libel;

(3) foreclosure of mortgage on real estate, in which the title to real estate is in issue;

(4) matters relating to a decedent's estate, appointment of guardians, and all related matters; and

(5) actions in equity.[6]

Sec. 5. The city court of each of the five (5) cities having the largest populations and the town court of the town having the largest population in a county having a population of more than four hundred thousand (400,000) but less than seven hundred thousand (700,000) have concurrent civil jurisdiction with the circuit court of the county where the amount in controversy does not exceed six thousand dollars ($6,000). The court has jurisdiction in any action where the parties or the subject matter are in the county in which the city or town is located. However, the city or town court does not have jurisdiction in:

(1) actions for slander or libel;

(2) matters relating to decedents' estates, appointment of guardians, and all related matters;

(3) dissolution of marriage actions; or

(4) injunction or mandate actions.[6]

Sec. 6. A city court in a third class city that is not a county seat and to which section 5 of this chapter does not apply has concurrent jurisdiction with the circuit court in civil cases in which the amount in controversy does not exceed three thousand dollars ($3,000). However, the city court does not have:

(1) jurisdiction in actions for:

(A) slander;

(B) libel;

(C) foreclosure of mortgages on real estate, in which the title to real estate is in issue;

(D) all matters relating to a decedent's estate, appointment of guardians and all related matters; and

(E) actions in equity; and

(2) original jurisdiction in which the principal defendant resides within another city having a city court with a civil jurisdiction.

Judgments rendered in the city court, when a certified transcript is filed with the clerk of the circuit court, have the same force as judgments rendered in the circuit court.[6]

Sec. 6.5. A city court in a city having a population of more than ten thousand four hundred (10,400) and less than eleven thousand (11,000) has concurrent jurisdiction with the circuit court in civil cases in which the amount in controversy does not exceed one thousand five hundred dollars ($1,500). However, the city court does not have jurisdiction in actions for:

(1) slander;

(2) libel;

(3) foreclosure of mortgage on real estate, in which the title to real estate is in issue;

(4) matters relating to a decedent's estate, appointment of guardians, and all related matters; and

(5) actions in equity.[6]

Selection method

See also: Judicial selection in the states
See also: Partisan elections

Judges of the city courts are elected to the court. The elections for this court are partisan contested elections. To serve on this court, a judge must be a city resident. Some cities also require that judges be attorneys.[7]

Judicial elections in Indiana

See also: Indiana judicial elections

Indiana is one of eight states that use partisan elections to initially select judges and then use retention elections to determine whether judges should remain on the bench. To read more about how states use judicial elections to select judges across the country, click here.

Primary election

In the primary, most candidates for the trial courts compete in partisan elections.

Exceptions are:

  • Circuit court candidates in Vanderburgh County run in nonpartisan elections.
  • Superior court candidates in Allen and Vanderburgh counties compete in nonpartisan elections.
  • Judges in Lake and St. Joseph counties are appointed by the Governor and stand for retention two years into service and at the end of subsequent terms.[8]
  • When a superior court vacancy occurs in Marion County, candidates are reviewed by a 14-member judicial selection committee, which sends the names of three nominees to the governor. The governor must appoint one of the nominees as judge within 60 days. At the end of a judge's term on the court, the question of the judge's retention may be placed on the general election ballot. Before a judge can stand for retention, the judge must appear before the committee to allow the committee to issue a recommendation to voters regarding the judge's suitability to continue to hold office.[9]

General election

Superior court judges in Lake and St. Joseph Counties stand for retention. All other trial court judges compete in contested races.[8][10]

If a vacancy occurs mid-term on the Indiana Supreme Court or Indiana Court of Appeals, the governor makes an appointment from names supplied by the judicial nominating commission. Vacancies on the circuit and superior courts are filled by direct governor appointment. Appointed judges must then run in the next general election, or the next general election after two years in office for supreme and appellate appointees.[10]

Unopposed candidates

If there is no contest for a judicial seat in either the primary or general election, the candidates for that seat are not placed on the primary ballot. Candidates who are unopposed in the primary, however, must still appear on the primary ballot if there is any opposition for the seat by any other party.[11]


See also



External links

Footnotes

  1. 2022 Indiana Code, "Title 33. Courts and Court Officers Article 35. City and Town Courts Chapter 2. Judge's Powers and Jurisdiction 33-35-2-3. City Court; Jurisdiction Over Crimes, Infractions, and Violations," accessed May 12, 2023
  2. 2022 Indiana Code, "Article 35. City and Town Courts Chapter 2. Judge's Powers and Jurisdiction 33-35-2-4. City Court; Concurrent Civil Jurisdiction; Limitations," accessed May 12, 2023
  3. 2022 Indiana Code, "Title 33. Courts and Court Officers Article 35. City and Town Courts Chapter 2. Judge's Powers and Jurisdiction 33-35-2-5. Certain City or Town Courts; Concurrent Jurisdictions; Limitations," accessed May 12, 2023
  4. 2022 Indiana Code, "Title 33. Courts and Court Officers Article 35. City and Town Courts Chapter 2. Judge's Powers and Jurisdiction 33-35-2-6. City Courts in Third Class Cities That Are Not County Seats; Civil Jurisdiction; Limitations," accessed May 12, 2023
  5. 2022 Indiana Code, "Title 33. Courts and Court Officers Article 35. City and Town Courts Chapter 2. Judge's Powers and Jurisdiction 33-35-2-6.5. Certain City Courts; Concurrent Civil Jurisdiction; Limitations," accessed May 12, 2023
  6. 6.0 6.1 6.2 6.3 6.4 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  7. American Judicature Society, "Methods of Judicial Selection: Indiana; Limited Jurisdiction Courts," archived October 2, 2014
  8. 8.0 8.1 American Judicature Society, "Judicial Selection in the States: Indiana," accessed August 29, 2017
  9. Indiana General Assembly, "House Bill 1036," accessed January 5, 2018
  10. 10.0 10.1 American Judicature Society, "Methods of Judicial Selection: Indiana," archived October 2, 2014
  11. Indiana General Assembly, "Indiana Code, Title 3, Article 10, Chapter 1, Section 5(a)," accessed March 21, 2014