Indiana Code
Ind. Code § 33-23-5-9 (2025)
Repealed
✓ 2025 Indiana Code: the 2026 session is not included
[Pre-2004 Recodification Citation: 33-4-7-8.]
As added by P.L.98-2004, SEC.2. Amended by P.L.108-2015, SEC.2; P.L.173-2015, SEC.5; P.L.266-2019, SEC.3. Repealed by P.L.162-2020, SEC.4.
Notes of Decisions
Cited in 37
cases (1 in the last 5 years), 2008–2024 · leading case: Terry Smith v. State of Indiana, 982 N.E.2d 393 (Ind. Ct. App. 2013).
Terry Smith v. State of Indiana, 982 N.E.2d 393 (Ind. Ct. App. 2013). “As noted in Long , the main exception to this rule is found in Indiana Code section 33-23-5-9(b), which provides that “[i]f a magistrate presides at a criminal trial, the magistrate may do the following: (1) Enter a final order.”
In re the Involuntary Commitment of A.M., 959 N.E.2d 832 (Ind. Ct. App. 2011). “I.C. § 33-23-5-9. Otherwise, the magistrate shall report findings, but ‘‘[t]he court shall enter the order.”
Tongate v. State, 954 N.E.2d 494 (Ind. Ct. App. 2011). “[ejnter a final order, conduct a sentencing hearing, and impose a sentence on a person convicted of a criminal offense as described in [Indiana Code Section 33-23-5-9].” (Emphasis added.) Indiana Code Section 33-23-5-9 provides: (a) Except as provided under subsection (b), a…”
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). “Ind. Code § 33-23-5-9 (emphasis added). Based thereon, our Indiana Supreme Court has stated: Magistrates may enter final orders in criminal cases, but otherwise may not enter a final appealable order unless sitting as a judge pro tempore or a special judge.”
In the Matter of the Civil Commitment of T.W. v. St. Vincent Hosp. & Health Care Ctr., Inc. In the Matter of the Civil Commitment of A.M. v. Cmty. Health Network, Inc., 121 N.E.3d 1039 (Ind. 2019). “" Ind. Code § 33-23-5-9 (a) ; see In re Involuntary Commitment of A.”
Boyer v. State, 883 N.E.2d 158 (Ind. Ct. App. 2008). “The principal exception to this rule is Indiana Code section 33-23-5-9(b), which states that a magistrate presiding over a criminal trial may “[ejnter a final order.”
Smith v. State, 893 N.E.2d 1149 (Ind. Ct. App. 2008). “Indiana Code section 33-23-5-5(14) says that a magistrate may "[e]nter a final order, conduct a sentencing hearing, and impose a sentence on a person convicted of a criminal offense as described in [Indiana Code section 33-23-5-9]," Likewise, Indiana Code section 33-23-5-9…”
Timothy Long v. State of Indiana, 962 N.E.2d 671 (Ind. Ct. App. 2012). “The principal exception to this rule is Indiana Code section 33-23-5-9(b) (2004), which provides: If a magistrate presides at a criminal trial, the magistrate may do the following: (1) Enter a final order.”
In re D.F., Kn.L., Ka.L. & M.M., Child. Alleged to Be in Need of Servs., L.T. (Mother) v. Indiana Dep't of Child Servs., 83 N.E.3d 789 (Ind. Ct. App. 2017). “” I.C. § 33-23-5-9(a). In re Adoption of I.”
Johnson v. Johnson, 882 N.E.2d 223 (Ind. Ct. App. 2008). “Rather, Indiana Code section 33-23-5-9 provides that, except in criminal proceedings, "a magistrate *226 shall report findings" in an evidentiary hearing or trial and "the court shall enter the final order.”
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). “" I.C. § 33-23-5-9(a). 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.”
D.P. v. Indiana Dep't of Child Servs., 994 N.E.2d 1228 (Ind. Ct. App. 2013). “Ind.Code § 33-23-5-9. . The termination of Mother’s parental rights is not at issue in this appeal.”
Ind. Code § 33-23-5-9(a): 10 cases
In re D.F., Kn.L., Ka.L. & M.M., Child. Alleged to Be in Need of Servs., L.T. (Mother) v. Indiana Dep't of Child Servs., 83 N.E.3d 789 (Ind. Ct. App. 2017). “” I.C. § 33-23-5-9(a). In re Adoption of I.”
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). “" I.C. § 33-23-5-9(a). 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.”
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). “Ind. Code § 33-23-5-9 (emphasis added). Based thereon, our Indiana Supreme Court has stated: Magistrates may enter final orders in criminal cases, but otherwise may not enter a final appealable order unless sitting as a judge pro tempore or a special judge.”
T.H. v. State of Indiana (mem. dec.), 33 N.E.3d 374 (Ind. Ct. App. 2015).
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).
Ind. Code § 33-23-5-9(b): 7 cases
Terry Smith v. State of Indiana, 982 N.E.2d 393 (Ind. Ct. App. 2013). “As noted in Long , the main exception to this rule is found in Indiana Code section 33-23-5-9(b), which provides that “[i]f a magistrate presides at a criminal trial, the magistrate may do the following: (1) Enter a final order.”
Boyer v. State, 883 N.E.2d 158 (Ind. Ct. App. 2008). “The principal exception to this rule is Indiana Code section 33-23-5-9(b), which states that a magistrate presiding over a criminal trial may “[ejnter a final order.”
Timothy Long v. State of Indiana, 962 N.E.2d 671 (Ind. Ct. App. 2012). “The principal exception to this rule is Indiana Code section 33-23-5-9(b) (2004), which provides: If a magistrate presides at a criminal trial, the magistrate may do the following: (1) Enter a final order.”
Tongate v. State, 954 N.E.2d 494 (Ind. Ct. App. 2011). “[ejnter a final order, conduct a sentencing hearing, and impose a sentence on a person convicted of a criminal offense as described in [Indiana Code Section 33-23-5-9].” (Emphasis added.) Indiana Code Section 33-23-5-9 provides: (a) Except as provided under subsection (b), a…”
Christopher Hovis v. State of Indiana (mem. dec.), No. 18A-PC-718 (Ind. Ct. App. Nov. 21, 2018).
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