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Indiana Code Title 33. Courts and Court Officers § 33-39-10-1

Current as of January 02, 2024 | Updated by Findlaw Staff

Sec. 1. (a) A person may be appointed as a senior prosecuting attorney if the person:

(1) was employed for at least eight (8) years as a:

(A) prosecuting attorney;

(B) chief deputy prosecuting attorney;

(C) deputy prosecuting attorney appointed under IC 33-39-6-2;  or

(D) deputy prosecuting attorney employed full time or part time to perform activities described in IC 31-25-4-13.1(b), subject to subsection (d);  and

(2) files an affidavit requesting designation as a senior prosecuting attorney in:

(A) the circuit court;  and

(B) each superior court;

in a county in which the person is willing to serve as a senior prosecuting attorney.

A person who files an affidavit under this subsection shall file a request to withdraw from being appointed as a senior prosecuting attorney when the person is no longer willing to serve as a senior prosecuting attorney.

(b) An affidavit filed under subsection (a) must contain the following:

(1) The name of the person filing the affidavit.

(2) The person's attorney number issued by the supreme court.

(3) The length of time the person served, as described in subsection (a)(1).

(4) The name of any county in which the person served, as described in subsection (a)(1).

(c) A circuit court or superior court promptly shall forward each:

(1) affidavit;  and

(2) request to withdraw;

received under subsection (a) to the prosecuting attorneys council of Indiana.  The prosecuting attorneys council of Indiana shall maintain and publish a list of persons who are eligible to be appointed under this section as senior prosecuting attorneys.

(d) A deputy prosecuting attorney who was employed full time or part time to perform activities described in IC 31-25-4-13.1(b) may be appointed to serve as a senior prosecuting attorney only to perform:

(1) activities described in IC 31-25-4-13.1(b);  and

(2) activities related to the investigation, charging, and prosecution of cases involving violations of IC 35-46-1-5.

(e) A person may not be appointed as a senior prosecuting attorney under this section if a disciplinary sanction has been imposed on the person by:

(1) the Indiana supreme court disciplinary commission;  or

(2) a similar body in another state;

that restricts the person's ability to practice law.

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Cite this article: FindLaw.com - Indiana Code Title 33. Courts and Court Officers § 33-39-10-1 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-33-courts-and-court-officers/in-code-sect-33-39-10-1/

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