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Home My Public Portal About044-1982 - Creating City Court - DefeatedORDINANCE NO. 44-1982 AN OR➢INANCE CREATING THE CITY COURT OF THE CITY OF RICHMOND, INDIANA. BE IT ORDAINED by the Common Council of the City of Richmond, Indiana: SECTION 1. In accordance with the provisions of Indiana Code Title 33, Article 10.1, Chapter 1, Section 3 (IC 33-10.1-1-3) there is hereby established the City Court of the City of Richmond,. Indiana. SECTION 2. This court shall have exclusive juris- diction of all violations of the ordinances of the city and shall have jurisdiction of all misdemeanors and all infractions in accordance with Indiana Code Title. 33, Article 10.1, Chapter 2, Section 7 (IC 33-10.1-2-7). SECTION 3. The City Court of the City of Richmond, Indiana, as established by this ordinance, shall come into existence on January 1, 1984. SECTION 4. The election of a judge of the City Court of the City of Richmond, Indiana shall first be held in the November, 1983 general election. Thereafter, election of the judge shall be held in the general election every fourth year after 1983. SECTION 5. The judge of the City Court of the City of Richmond, Indiana shall exercise the powers and perform the duties as provided for in Title 33, Article 10.1 (IC 33-10.1). SECTION 6. The salary of the judge of the City Court of the City of Richmond, Indiana shall be fixed by the Common Council of the City of Richmond, Indiana by ordinance as now provided by law for the fixing of the salaries of other elected city officers. SECTION 7. This ordinance shall he in full force and effect from and after its passage. PASSED and ADOPTED this day of 1982, by the Common Council of the City of Richmond, Indiana. President of Common Council ATTEST: JoEllen Trimble, City Clerk PRESENTED to the Mayor of the City of Richmond, Indiana, this day of , 1982. City Clerk APPROVED by me, Clifford J. Dickman, Mayor of the City of Richmond, Indiana this day of 1982. Mayor ATTEST: JoEllen Trimble, City Clerk 50 N. FIFTH STREET • RICHMOND, INDIANA 47374 - (317) 966-5561 CUFFORD J. DICKMAN MAYOR October 182 1982 Mr. Kenneth Mills, President Members of Common Council and Ms. JoEllen Trimble, City Clerk Municipal Building Richmond, Indiana 47374 Re: Ordinance No. 39-1982 Re-establishment of Richmond City Court EDWARD N.ANDERSON CITY ATTORNEY Dear Mr. Mills, Members of Common Council and Ms. Trimble: You will recall that in 1978 an ordinance was introduced, Ordinance #94-1978, An Ordinance Providing for the Continuation of the Richmond City Court, which ordinance was tabled and later striken. At that time the Indiana General Assembly had passed legislation being IC 33-10.5-1-3(a) providing that city courts were to be abolished on December 31, 1979 unless said courts were continued by ordinance. In other words, all city courts were abolished automatically unless an ordinance extending them was enacted. The philosophy of the legislature was to phase out city courts as they were to be replaced by county courts. Also, in 1978 the General Assembly enacted Section 18.10 of Public Law 2 which amended IC 18-1-14-5 by reducing the juris- diction of city courts to "violations of the ordinances of such cities" after December 313, 1979. Apparently as a result of the reduction in jurisdiction of city court and the philosophy then to phase out city courts, the Common Council of the City of Richmond did not desire to provide for the continuation of the Richmond City Court. Page 2 Mr. Kenneth Mills, Common Council and City Clerk October 18, 1982 Now, however, city courts can be re-established per IC 33-10.1-1-3(a) as per copy of law enclosed herewith. But, this must be done by December 31, 1982. Also, the law rein- states the city courts criminal jurisdiction (IC 33-10.1-2-2). Ordinance #39-1982, An Ordinance Creating the City Court of the City of Richmond, Indiana, is presented herewith for your consideration. Respectfully submitted, Edward N. Anderson, Attorney for the City of Richmond ENA:er encis (2) 1981 FIRST REGULAR SESSION 751 highways, for Purdue University, for Indiana University, for Ball State University, for Indiana State University, for the supreme court and court of appeals, and for the legislative department of state government (including, but not limited to; the senate, the house of representatives, the legislative council, and the legislative services agency), and to the purchases which are provided for by the state printing law. SECTION 3. (a) Because an emergency exists, SECTIONS 1 and 3 of this act take effect on passage. (b). SECTION 2 of this act takes effect July 1, 1.981. Approved April 1, 1981. �4 CITY AND TOWN COURTS —CREATION AND ABOL- . 1SHMENT—ELECTION, TERM AND COM- PENSATION OF JUDGES HOUSE ENROLLED ACT NO. 1249 AN ACT to amend IC 33-10.1 concerning certain city and town courts. Be it enacted by the General Assembly of the State of Indiana: SECTION 1. IC 33-10.1-1, as added by Acts 1980, P.L. 8, SECTION 162, is amended by adding a NEW section 3 to read as follows: Sec. 3. (a) During 1982, and during every fourth year third fourth, or fifth class city, or a town , 1 982 a second, after , ' may by ordinance esta bl is h or abolish city or tow n cou rt. An ordinance to establish a city or town court must be adopted not less than one (1) year before the judge's term would begin under IC 33-10.1-3-1.- (b) The election of the judge for a court established under subsection (a) shall first be held in the November,1983, general election and then in the general election every fourth year after 1983. (c) A court established under subsection (a) shall come into existence on January 1 of the year following the year in which a judge is elected to serve in that court. (d) A city or town court inexistence on January 1, 1981, may s continue in operation until it is abolished by ordinance. A.iditions in text indicated by bold type; deletions by stfilceeuis 752 102nd GENERAL ASSEMBLY (e) A city or town that establishes or abolishes a court under this section shall give notice of its action to the division of state court administration of the office of judicial administration under IC 33-2.1-7. SECTION 2. IC 33-10.1-2-3, as added by Acts 1980, P.L. 8, SECTION 162, is amended to read as follows: Sec. 3. A city court in a second, third, or fourth, or fifth class city has concurrent jurisdiction with the circuit court in civil cases where the amount in controversy does not exceed five hundred dollars, ($500). However, the city court does not have jurisdiction in actions for slander, libel, foreclosure of mortgage on real estate, where the title to real estate is in issue, matters relating to a decedent's estate, appointment of guardians and all related matters, and actions in equity. SECTION 3. IC 33-10.1-2-8, as added by Acts 1980, P.L. 8, SECTION 162, is amended to read as follows: Sec. 8. The town court judge or city court judge in a second, third, or fourth, or fifth class city shall provide, at the expense of the town or city, a seal for the court that most contain on the face the words: "(Town or City) Court of - Indiana." A description of the seal, together with an impress of it, shall be put on the records of the court. SECTION 4. IC 33-10.1-3-1, as amended by Acts 1980, P.L. 8, SECTION 162, is amended to read as follows: Sec.1. (a) The judge of a city or town court shall be elected by the voters of the city uffdele IG 3-2-7 or town at the time and in the same manner as other officers of the city or town are elected. His term of office is four (4) years and until his successor is elected and qualified. The term begins at noon on January 1 immediately following the election. (b) Before beginning the duties of office, the judge shall execute a bond payable to the city in the penal sum of five thousand dollars ($5,000), with good and sufficient surety, conditioned upon the faithful discharge of the duties of his office. The bond must be approved by the mayor and filed in the office of the city controller or clerk -treasurer. SECTION 5. IC 33-10.1-4-2, as added by Acts 1980, P.L. 8, SECTION 162, is amended to read as follows: Sec. 2. (a) Special judges of a city court are entitled to the compensation allowed special judges in the circuit court, to be paid out of the city treasury on the certificate of the regular judge and the warrant of the city controller or clerk -treasurer. (b) A city court judge may not receive any fees or compensation other than his salary, as established under subsection (e). Additions in text indicated by bold type; deletions by stf+4e04,46 Additio 1981 FIRST REGULAR SESSION 753 art under (c) A city court judge of a second class city in a county having three (3) or more second class cities is entitled to receive n of state for additional services that this article requires to be performed istration three thousand five hundred dollars ($3,500) per year in addition to the salary otherwise provided. The common council 0, P.L. 8, of the city shall appropriate the money necessary to pay the 3. A city city has additional compensation. cases (d) A town court judge is entitled to receive the vil compensation that is prescribed by the board of trustees of the hundred of have town. (e) A city court judge is entitled to receive nortgage compensation that is prescribed by the common council matters ians and of the city. SECTION 6. IC 33-10.1-5-7, as added by Acts 1980, Y.L. 8, SECTION 162, is amended to read as follows: Sec. 7. (a) A city t0, P.L. 8, court is not a court of record. The town (b) A town court is not a court of record. ourth, or or city, SECTION 7. IC 33-10.1-6-1, as added by Acts 1980, P.L. 8, in words: SECTION 162, is amended to read as follows: Sec. 1. The ie !scription officers of a city court are a judge, a clerk, and a bailiff. gut on the However, in third and, fourth, and fifth class cities, the judge may act as clerk and perform all duties of the clerk of the court. 1980, P.L. The clerk and bailiff may not receive any fees or compensation 1. (a) The other than their respective salaries. SECTION 8. IC 33-10.1-1-1 and IC 33-10.1-1 2 are repealed. ers of the SECTION 9. Any action taken before January 1,1979, by a he same city or town under Acts 1975, P.L. 305, SECTION 55, as elected. elect amended by Acts 1978, P.L. 141, SECTION 9, to continue its Liccessor city or town court until December 31, 19831 is validated, and noon on constitutes establishment of that court for the purposes of dge shall IC 33-10.1. m of five Approved April 1, 1981. it surety, ies of his led in the 30, P.L. 8, a) Special n allowed f the city e warrant fees or 3d under Additions in text indicated by bold type; deletions by ssaikeeuis