Ind. Code » Title 34
Indiana Code

Ind. Code § 34-47-3-7 (2025)

Special judge; selection, powers, and duties

✓ 2025 Indiana Code: the 2026 session is not included
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     Sec. 7. (a) Except as provided in subsection (b), this section applies to all cases of indirect contempt of courts of this state, other than the supreme court or the court of appeals.

     (b) This section does not apply to indirect contempts growing out of willfully resisting, hindering, delaying, or disobeying any lawful process or order of court.

     (c) The court against which the alleged contempt was committed shall, at the time the rule to show cause is issued, nominate three (3) competent and disinterested persons, each of whom shall be an available judge or member of the Indiana bar, to be submitted to the parties in the action, from which the state, by the prosecuting attorney, and the defendant shall immediately strike off one (1) name each.

     (d) The court shall appoint the person who remains unchallenged under subsection (c) to preside in the cause as special judge.

     (e) If the prosecuting attorney, the defendant, or the defendant's attorney refuse to strike off the names under subsection (c), then the clerk of the court shall strike for them.

     (f) If the person appointed under subsection (d) is an attorney and not a regular judge, and if that person consents to serve, the person shall be qualified as other judges. The person's appointment and oath shall be filed with the clerk and entered on the order book of the court. The appointed person may hear and determine the cause until the cause is disposed of.

[Pre-1998 Recodification Citation: 34-4-8-1.]

As added by P.L.1-1998, SEC.43.

 

Notes of Decisions
Cited in 5 cases, 2005–2018 · leading case: In Re Contempt of Wabash Valley Hosp., Inc., 827 N.E.2d 50 (Ind. Ct. App. 2005).
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In Re Contempt of Wabash Valley Hosp., Inc., 827 N.E.2d 50 (Ind. Ct. App. 2005). · cites it 4× “Ind.Code § 34-47-3-7. The hospital did not ask for a change of judge in the trial court.”
Cameron Hunter v. State of Indiana, 102 N.E.3d 326 (Ind. Ct. App. 2018). · cites it 4× “See I.C. § 34-47-3-7. However, no special judge is required where-as here-the indirect contempt allegations "grow[ ] out of willfully .”
Davidson v. State, 836 N.E.2d 1018 (Ind. Ct. App. 2005). · cites it 2× “" Ind.Code § 34-47-3-7(b). 4 . Indiana Code § 11-13-i-1(c) provides: "Probation officers shall serve at the pleasure of the appointing court and are directly responsible to and subject to the orders of the court.”
In the Matter of the Finding of Contempt Against Tad Bohlsen During the Proceedings of Health & Hosp. Corp. of Marion Cnty. v. Dickson Street Investments, LLC, No. 49A04-1401-PL-34 (Ind. Ct. App. July 30, 2014). · cites it 6× “Indiana Code section 34-47-3-7 provides for the appointment of a special judge to hear and decide an allegation of indirect contempt under certain circumstances: (a) Except as provided in subsection (b), this section applies to all cases of indirect contempt of courts of this…”
Melissa Roberts Gannon v. Jesus A. Gomez-Rocha (mem. dec.), No. 38A02-1411-JP-822 (Ind. Ct. App. May 28, 2015). · cites it 3× “Indiana Code section 34-47-3-7 does require the appointment of a special judge in certain indirect-contempt proceedings.”
Ind. Code § 34-47-3-7(b): 2 cases
Davidson v. State, 836 N.E.2d 1018 (Ind. Ct. App. 2005). “" Ind.Code § 34-47-3-7(b). 4 . Indiana Code § 11-13-i-1(c) provides: "Probation officers shall serve at the pleasure of the appointing court and are directly responsible to and subject to the orders of the court.”
Cameron Hunter v. State of Indiana, 102 N.E.3d 326 (Ind. Ct. App. 2018). “See I.C. § 34-47-3-7. However, no special judge is required where-as here-the indirect contempt allegations "grow[ ] out of willfully .”
Ind. Code § 34-47-3-7(c): 1 case
In the Matter of the Finding of Contempt Against Tad Bohlsen During the Proceedings of Health & Hosp. Corp. of Marion Cnty. v. Dickson Street Investments, LLC, No. 49A04-1401-PL-34 (Ind. Ct. App. July 30, 2014). “Indiana Code section 34-47-3-7 provides for the appointment of a special judge to hear and decide an allegation of indirect contempt under certain circumstances: (a) Except as provided in subsection (b), this section applies to all cases of indirect contempt of courts of this…”
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