Indiana Code

Ind. Code § 36-5-7-6 (2026)

Deputy marshals; appointment; powers and liabilities; bond, compensation, and term; dismissal; procedure

✓ current as of May 2026
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     Sec. 6. (a) The town legislative body shall by ordinance fix the number of deputy marshals. The town legislative body may by ordinance authorize the marshal to appoint deputy marshals. Deputy marshals have the powers and liabilities of the marshal in executing the orders of the legislative body or enforcing laws.

     (b) One (1) deputy marshal may be designated as the town humane officer. The designated deputy has the duties prescribed by IC 36-8 for city humane officers.

     (c) The legislative body shall fix the amount of bond, compensation, and term of service of deputy marshals. The marshal may dismiss a deputy marshal at any time. However, a deputy marshal who has been employed by the town for more than six (6) months after completing the minimum basic training requirements adopted by the law enforcement training board under IC 5-2-1-9 may be dismissed only if the procedure prescribed by section 3 of this chapter is followed.

[Pre-Local Government Recodification Citations: 18-3-1-16 part; 18-3-1-33.]

As added by Acts 1980, P.L.212, SEC.4. Amended by P.L.51-1999, SEC.1; P.L.127-2017, SEC.153.

 

Notes of Decisions
Cited in 6 cases, 1996–2018 · leading case: Howard v. Inc. Town of North Judson, 661 N.E.2d 549 (Ind. 1996).
Howard v. Inc. Town of North Judson, 661 N.E.2d 549 (Ind. 1996). · cites it 2× “Ind.Code Ann. § 36-5-7-6(c) (West 1986). Since Howard had completed the relevant law enforcement course and had been employed for more than six months after the completion of that course, these sections clearly establish that Indiana Code Section 36-8-3-4 applied to him.”
Pfifer v. Town of Edinburgh, 684 N.E.2d 578 (Ind. Ct. App. 1997). · cites it 4× “Indiana Code § 36-5-7-6 generally permits the towri legislative body to, authorize the appointment of deputy marshals having the same powers as the marshal, and provides in relevant part: The legislative body shall fix the amount of bond, compensation, and term of service of…”
Hart v. State, 671 N.E.2d 420 (Ind. Ct. App. 1996). “Thus, he concludes that the detention was not a "lawful" detention.”
Joseph Budner v. Inc. Town of North Judson, Indiana, 113 N.E.3d 225 (Ind. Ct. App. 2018). · cites it 2× “may be dismissed only if the procedure prescribed by section 3 of this chapter is followed.”
Knox v. Trs. of Indiana Univ., 160 F. Supp. 3d 1073 (N.D. Ind. 2016). · cites it 2× “See Ind. Code § 36-5-7-6 (town marshals, with certain exceptions); Ind.”
Spoon v. Town of Pittsboro, 706 N.E.2d 254 (Ind. Ct. App. 1999). · cites it 4× “Indiana Code § 36-5-7-6 states that a deputy marshal may be terminated by the town marshal at any time; however, “a deputy marshal who has been employed by the town for more than six (6) months after completing the minimum basic training requirements adopted by the law…”
— Ind. Code § 36-5-7-6(c) — 3 cases
Howard v. Inc. Town of North Judson, 661 N.E.2d 549 (Ind. 1996). “Ind.Code Ann. § 36-5-7-6(c) (West 1986). Since Howard had completed the relevant law enforcement course and had been employed for more than six months after the completion of that course, these sections clearly establish that Indiana Code Section 36-8-3-4 applied to him.”
Pfifer v. Town of Edinburgh, 684 N.E.2d 578 (Ind. Ct. App. 1997). “Indiana Code § 36-5-7-6 generally permits the towri legislative body to, authorize the appointment of deputy marshals having the same powers as the marshal, and provides in relevant part: The legislative body shall fix the amount of bond, compensation, and term of service of…”
Joseph Budner v. Inc. Town of North Judson, Indiana, 113 N.E.3d 225 (Ind. Ct. App. 2018). “may be dismissed only if the procedure prescribed by section 3 of this chapter is followed.”
— Ind. Code § 36-5-7-6(e) — 1 case
Spoon v. Town of Pittsboro, 706 N.E.2d 254 (Ind. Ct. App. 1999). “Indiana Code § 36-5-7-6 states that a deputy marshal may be terminated by the town marshal at any time; however, “a deputy marshal who has been employed by the town for more than six (6) months after completing the minimum basic training requirements adopted by the law…”
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