The Senate Judiciary Committee heard HB 1144 on courts and court officers sponsored by Sen. Brown. Author Rep. Jeter gave background on the bill, which adds two new superior courts in Hamilton County (No. 8 and No. 9). The new Hamilton County judges will be elected during the November 2026 general election, take office on January 1, 2027, and serve a term of six years. In addition, the bill grants the judges of the Hamilton Circuit and Superior courts the authority to jointly select two additional magistrates. Additionally, it permits the judges of the Elkhart Circuit and Superior courts to appoint five full-time magistrates, an increase from the current allowance of two magistrates. Vigo Circuit and Superior court judges can also jointly appoint one magistrate to serve the Vigo County courts.
The bill was amended by consent as follows:
- Removes a magistrate position in Steuben County and creates a second Steuben Superior Court.
- Allows the judges of Delaware Circuit court to appoint a full-time magistrate.
- Establishes the Family Recovery Court Fund, which will be comprised of funds allocated by the General Assembly from the state’s unrestricted opioid settlement account, along with donations, gifts, and other financial contributions. The money in this fund is continuously appropriated specifically to support family recovery courts.
- Requires a clerk to collect a small claims service fee of $26 for each action filed in Marion County Small Claims Court. It establishes a small claims fund, requiring certain fees to be distributed to the county auditor for the fund. The fees in this fund will be divided equally among townships to support the operation of the small claims court in each township.
Allows the judge of Lawrence County juvenile court to appoint a full-time magistrate. The bill was further amended, by a vote of 9-1, regarding the Marion County Small Claims courts’ jurisdiction. The amendment states that certain cases must be filed in Marion County Small Claims Court. These include: (1) possessory actions between landlords and tenants where the past due rent is $10,000 or less, and (2) actions concerning the possession of property valued at $10,000 or less. It also mentions that landlord-tenant claims can be filed in the township where the real estate is located or in a contiguous county.
Judge Daniel Kelly, Vigo Superior Court 6 and Judge Kristine Osterday, Elkhart Superior Court 1, testified in support of the bill. The amended bill passed 10-0 and was recommitted to Senate Appropriations.
Read bill at https://iga.in.gov/legislative/2025/bills/house/1144