[This post has been amended.]
The Senate Appropriations Committee heard HB 1144 on courts and court officers sponsored by Sen. Brown and Sen. Koch and authored by Rep. Jeter for amend and vote. The bill:
- Establishes the family recovery court fund and provides that the fund consists of money appropriated by the general assembly from the state unrestricted opioid settlement account as well as donations, gifts, and money received from other sources. The bill provides that money in the fund is continuously appropriated for the purpose of funding family recovery courts.
- Provides that family recovery courts: (1) target cases of abuse or neglect wherein a parent or primary caregiver suffers from a substance use disorder or co-occurring disorders; and (2) are certified as problem solving courts by the office of judicial administration.
- Provides that the following cases must be filed in a Marion County small claims court: (1) a possessory action between a landlord and a tenant in which the past due rent does not exceed $10,000; and (2) an action for the possession of property where the value of the property does not exceed $10,000. The bill allows a claim between a landlord and tenant to be filed in the township where the real estate is located or a contiguous county.
- Requires a clerk to collect a small claims service fee of $26 in each action filed in a Marion County small claims court. The bill establishes the small claims fund and requires the court to distribute certain fees to the county auditor for distribution to the small claims fund. The fees in the small claims fund are to be distributed equally among the townships and the fees must fund the operation of the small claims court located within the township.
- Allows the judges of the Delaware Circuit Court to appoint a full-time magistrate.
- Allows the judges of the Elkhart Circuit and Superior Courts to appoint five full-time magistrates. (Current law allows for the appointment of two magistrates.)
- Adds two Superior courts to Hamilton County and provides that the first judges of Hamilton Superior Courts No. 8 and No. 9 shall: (1) be elected at the November 2026 general election; (2) take office January 1, 2027; and (3) serve a term of six years. The bill also allows the judges of the Hamilton Circuit and Superior Courts to jointly appoint two additional magistrates to serve the Hamilton County courts.
- Allows the judge of the Lawrence County Juvenile Court to appoint not more than one full-time magistrate.
- Repeals a provision allowing the judges of the Steuben Circuit and Superior Courts to appoint a full-time magistrate and establishes a second Steuben Superior Court.
- Allows the judges of the Vigo Circuit and Superior Courts to jointly appoint one magistrate to serve the Vigo County courts.
The bill was amended by consent to:
- Remove the provision that would authorize the use of money from the opioid settlement account for funding of family recovery courts.
- Remove the provision that allowed the Delaware Circuit Court to appoint a full-time magistrate.
- Remove the provision that established a second Steuben Superior Court.
- Create a procedure for abolishing Circuit or Superior Courts and abolishes the following courts:
- Blackford Superior Court, effective December 31, 2028;
- Carroll Superior Court, effective December 31, 2026;
- Gibson Superior Court, effective December 31, 2028;
- Greene Superior Court, effective December 31, 2026;
- Jennings Superior Court, effective December 31, 2026;
- Monroe Circuit Court No. 9 (unless the legislative body of the county chooses to abolish Monroe Circuit Court No. 5 or No. 6 instead), effective December 31, 2026;
- Newton Superior Court, effective December 31, 2030;
- Owen Circuit Court No. 2, effective December 31, 2026;
- Pulaski Superior Court, effective December 31, 2030;
- Rush Superior Court, effective December 31, 2026; and
- Scott Superior Court, effective December 31, 2028.
- Eliminate 6 full-time Marion County magistrate positions, effective January 1, 2026.
The amended bill passed 11-0.
Read the bill at: https://iga.in.gov/legislative/2025/bills/house/1144