Indiana Code
Ind. Code § 33-23-5-5 (2026)
Repealed
✓ current as of May 2026
[Pre-2004 Recodification Citation: 33-4-7-4.]
As added by P.L.98-2004, SEC.2. Amended by P.L.127-2008, SEC.3; P.L.173-2015, SEC.4; P.L.266-2019, SEC.1. Repealed by P.L.162-2020, SEC.2.
Notes of Decisions
Cited in 22
cases, 2008–2020 · leading case: Smith v. State, 893 N.E.2d 1149 (Ind. Ct. App. 2008).
Smith v. State, 893 N.E.2d 1149 (Ind. Ct. App. 2008). “" However, that section also provides that a master commissioner has the powers and duties prescribed for a magistrate pursuant to Indiana Code sections 33-23-5-5 through -9. Thus, pursuant to Indiana Code section 33-23-5-5, a master commissioner has the authority to "[p]unish…”
City of Indianapolis v. Hicks ex rel. Richards, 932 N.E.2d 227 (Ind. Ct. App. 2010). “Ind.Code §§ 33-23-5-5(14), 33-23-5-9(b). A magistrate may also "[eluter a final order or judgment in any proceeding involving matters specified in [Indiana Code section] 33-29-2-4 (jurisdiction of small claims docket) or [Indiana Code chapter] 34-26-5 (protective orders to…”
In the Matter of the Adoption of Minor Child.: I.B. & W.B.: B.B. v. B.C. & J.L., & Indiana Dep't of Child Servs., 32 N.E.3d 1164 (Ind. 2015). “Effective July 1, 2015, Indiana Code section 33-23-5-5 has been amended to expand magistrates' authority to approve and accept plea agreements, civil settlement agreements, and agreements in domestic-relations and paternity actions, see P.”
Tongate v. State, 954 N.E.2d 494 (Ind. Ct. App. 2011). “” Ind.Code § 33-23-5-5(11). Indiana Code Section 33-23-5-8 states in pertinent part that, except as provided under Indiana Code Sections 33-23-5-5(14) and 33-23-5-9(b), a magistrate “may not enter a final appeal-able order unless sitting as a judge pro tempore or a special judge.”
In the Matter of the Civil Commitment of L.J. v. Health & Hosp. Corp. d/b/a Eskenazi Health CMHC, 113 N.E.3d 274 (Ind. Ct. App. 2018). “Compare I.C. §§ 33-23-5-5 & 33-23-5-9(b) with I.C.”
Terry Smith v. State of Indiana, 982 N.E.2d 393 (Ind. Ct. App. 2013). “” See also Ind.Code § 33-23-5-5(14) (“A magistrate may .”
D.P. v. Indiana Dep't of Child Servs., 994 N.E.2d 1228 (Ind. Ct. App. 2013). “Ind. Code § 33-23-5-5 (11). The magistrate who conducts an evidentiary hearing shall report the magistrate's findings to the court, which shall enter the final order.”
Timothy Long v. State of Indiana, 962 N.E.2d 671 (Ind. Ct. App. 2012). “See also Ind.Code § 33-23-5-5(14) (2008) (“A magistrate may .”
In the Matter of the Civil Commitment of T.W. v. St. Vincent Hosp. & Health Care Ctr., Inc., 113 N.E.3d 1257 (Ind. Ct. App. 2018). “Indiana Code Section 33-23-5-5, enumerating the powers of a magistrate judge, states nineteen acts that a magistrate "may" take.”
Kevin Campbell v. Irenea George, 77 N.E.3d 816 (Ind. Ct. App. 2017). “§ 33-23-5-5 (emphasis added). However, [ejxeept as provided under sections 5(14) and 9(b) of this chapter, a magistrate [[Image here]] (1) does not have the power of judicial mandate; and (2) may not enter a final appealable order unless sitting as a judge, pro tempore or a…”
Lynette (Pierce) Loud v. Yair Martinez-Ruiz (mem. dec.), No. 49A02-1611-DR-2683 (Ind. Ct. App. May 25, 2017). “Indiana Code section 33-23-5-5 provides that A magistrate may do any of the following: (1) Administer an oath or affirmation required by law.”
In Re: The Marriage of Wendi L. Lanford v. Stuart D. Lanford (mem. dec.), No. 49A02-1702-DR-239 (Ind. Ct. App. June 13, 2017). “See Ind. Code §§ 33-23-5-5 (listing powers of magistrates, which does not include entering a final order on a motion to correct error), -8 (magistrate may not enter a final appealable order unless sitting as a judge pro tempore or a special judge with limited exceptions), -9…”
Ind. Code § 33-23-5-5(11): 2 cases
Tongate v. State, 954 N.E.2d 494 (Ind. Ct. App. 2011). “” Ind.Code § 33-23-5-5(11). Indiana Code Section 33-23-5-8 states in pertinent part that, except as provided under Indiana Code Sections 33-23-5-5(14) and 33-23-5-9(b), a magistrate “may not enter a final appeal-able order unless sitting as a judge pro tempore or a special judge.”
In the Matter of the Termination of the Parent-Child Relationship of: A.W., (Minor Child), & J.W., (Mother) v. The Indiana Dep't of Child Servs., No. 82A05-1311-JT-581 (Ind. Ct. App. July 30, 2014).
Ind. Code § 33-23-5-5(14): 7 cases
City of Indianapolis v. Hicks ex rel. Richards, 932 N.E.2d 227 (Ind. Ct. App. 2010). “Ind.Code §§ 33-23-5-5(14), 33-23-5-9(b). A magistrate may also "[eluter a final order or judgment in any proceeding involving matters specified in [Indiana Code section] 33-29-2-4 (jurisdiction of small claims docket) or [Indiana Code chapter] 34-26-5 (protective orders to…”
Terry Smith v. State of Indiana, 982 N.E.2d 393 (Ind. Ct. App. 2013). “” See also Ind.Code § 33-23-5-5(14) (“A magistrate may .”
In the Matter of the Adoption of Minor Child.: I.B. & W.B.: B.B. v. B.C. & J.L., & Indiana Dep't of Child Servs., 32 N.E.3d 1164 (Ind. 2015). “Effective July 1, 2015, Indiana Code section 33-23-5-5 has been amended to expand magistrates' authority to approve and accept plea agreements, civil settlement agreements, and agreements in domestic-relations and paternity actions, see P.”
Tongate v. State, 954 N.E.2d 494 (Ind. Ct. App. 2011). “” Ind.Code § 33-23-5-5(11). Indiana Code Section 33-23-5-8 states in pertinent part that, except as provided under Indiana Code Sections 33-23-5-5(14) and 33-23-5-9(b), a magistrate “may not enter a final appeal-able order unless sitting as a judge pro tempore or a special judge.”
Smith v. State, 893 N.E.2d 1149 (Ind. Ct. App. 2008). “" However, that section also provides that a master commissioner has the powers and duties prescribed for a magistrate pursuant to Indiana Code sections 33-23-5-5 through -9. Thus, pursuant to Indiana Code section 33-23-5-5, a master commissioner has the authority to "[p]unish…”
Ind. Code § 33-23-5-5(15): 1 case
City of Indianapolis v. Hicks ex rel. Richards, 932 N.E.2d 227 (Ind. Ct. App. 2010). “Ind.Code §§ 33-23-5-5(14), 33-23-5-9(b). A magistrate may also "[eluter a final order or judgment in any proceeding involving matters specified in [Indiana Code section] 33-29-2-4 (jurisdiction of small claims docket) or [Indiana Code chapter] 34-26-5 (protective orders to…”
Ind. Code § 33-23-5-5(6): 1 case
Smith v. State, 893 N.E.2d 1149 (Ind. Ct. App. 2008). “" However, that section also provides that a master commissioner has the powers and duties prescribed for a magistrate pursuant to Indiana Code sections 33-23-5-5 through -9. Thus, pursuant to Indiana Code section 33-23-5-5, a master commissioner has the authority to "[p]unish…”
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