The Senate Judiciary Committee heard SB 1313 on court matters. The bill is sponsored by Sen. Koch and provides the following:
- That a magistrate has the same powers as a judge, except the power of judicial mandate.
- Repeals certain sections that enumerate the powers for magistrates.
- Repeals the judicial technology oversight committee.
- Increases the filing limit for the small claims docket to not more than $8,000 (rather than $6,000, under current law).
- Provides that the Marion County court will divide the work of the court into various divisions, including but not limited to the following: (1) Civil; (2) Criminal; and (3) Family.
- Provides that the Marion County court shall hold session in the: (1) community justice campus in Indianapolis; and (2) other places in Marion County as the court determines.
The committee amended the bill by consent to provide that a relocating individual who is party to a custody order or parenting time order is not required to file a notice of intent to move with the clerk of the court if: (1) the relocation has been addressed by a prior court order; or (2) the relocation will: (A) result in a decrease in the distance between the relocating individual’s residence and the nonrelocating individual’s residence; or (B) result in an increase of not more than 20 miles in the distance between the relocating individual’s residence and the nonrelocating individual’s residence.
Justice Steven David testified in support of repeal of the judicial technology oversight committee. Marion Superior Court Judge Heather Welch testified on behalf of the Indiana Judges Association in support of the magistrate language and small claims increase. The Indiana State Bar Association testified in support of the amendment. The amended bill passed 9-0.