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Indiana Code Title 34. Civil Law and Procedure § 34-35-1-5

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

Sec. 5. (a) This section applies if a judge is prevented from presiding during any session of court by reason of:

(1) death, sickness, or other casualty;  or

(2) the judge's failure to attend or appear for any period of three (3) days;

so that the court will lapse.

(b) The sheriff may adjourn the court from day to day.

(c) If the judge fails to appear under subsection (a)(2):

(1) the clerk, the sheriff, and the auditor;  or

(2) in case of the absence of the clerk, the sheriff, or the auditor, the two (2) who are present, together with the recorder of the county;

may elect any competent and reputable attorney to act as judge.

(d) If the attorney elected under subsection (c) accepts, the attorney shall qualify as other judges, and the attorney's appointment, with the reason for the appointment and the attorney's oath, shall be entered on the order book.

(e) A judge selected under this section (or IC 34-1-13-5 before its repeal) may preside until:

(1) the return of the regular judge;

(2) in case of death, until the judge's successor is named;  or

(3) in case of vacancy or if the judge is required to be absent, until a successor is named by the proper authority.

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Cite this article: FindLaw.com - Indiana Code Title 34. Civil Law and Procedure § 34-35-1-5 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-34-civil-law-and-procedure/in-code-sect-34-35-1-5/

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