JEFFERSONVILLE CITY COURT
(Abolished Effective December 31, 2015)
The Jeffersonville City Court was created pursuant to statute (IC 18-1-14-1)
in 1959, and began operations on January 1, 1960. With the abolition of
the Justice of the Peace Courts and the reorganization of all state courts
in the 1970's, City and Town Courts were abolished. However, a savings clause
allowed all such Courts in existence on January 1, 1981 to continue operations.
Today, any Second or Third Class City or Town may by Ordinance create or
abolish a City or Town Court. The Jeffersonville City Court is one of 75
City and Town Courts across the state.
The criminal jurisdiction of the Court is limited to misdemeanors. The civil
jurisdiction of the Court is limited to cases where the amount in controversy
does not exceed $500, but includes enforcement of infractions and city ordinance
violations. Cases involving real estate, probate, slander, and all equitable
actions are specifically excluded from the Court's jurisdiction. (IC 33-10.1-2)
A City or Town Court has jurisdiction to hear misdemeanor cases which were
allegedly committed outside the city/town limits, as long as it was committed within the county.
The Prosecuting Attorney is responsible for the prosecution of misdemeanors and infractions in City and Town Courts. The City or Town Attorney is responsible for enforcement of Ordinance violations in City and Town Courts.
Ordinarily, the Jeffersonville City Court Judge resolves issues of fact in pending cases. However,
upon demand a jury trial may be held. Appeals from Judgments of the Jeffersonville City Court may be taken to the Clark Circuit Court. Unlike traditional appeals, appeals from City and Town Courts are
tried de novo in the Clark Circuit Court. (Indiana Rules of Court, Rules of Trial De Novo)
The Judge of the Jeffersonville City Court is elected during municipal elections by the legal voters of the City of Jeffersonville. The statutes prescribe a four (4) year term of Office, without limitations. The Judge of the Jeffersonville City Court must be a resident of the city of Jeffersonville during the term of Office, but need not be an attorney.
The Jeffersonville City Court is located on the 1st Floor in the Jeffersonville City Hall, located at 500 Quartermaster Court, Jeffersonville, IN 47130 (812) 285-6431. The Jeffersonville City Court Probation Office is also located on the 1st Floor in the Jeffersonville City Hall, located at 500 Quartermaster Court, Jeffersonville, IN 47130 (812) 285-6436.
JEFFERSONVILLE CITY COURT JUDGES
Kenneth C. Pierce II
R. Scott Lewis
Vicki L. Carmichael
Roger L. Lindsey
Duard B. Avery, Jr.
George A. Jacobs
William L. Allen
Thomas S. Pointer
Robert L. Schnatter
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2008 - 2015
2007 - 2007
2000 - 2007
1988 - 1999
1976 - 1987
1974 - 1975
1968 - 1974
1962 - 1967
1960 - 1962
|
CHARLESTOWN CITY COURT
(Abolished Effective December 31, 2011)
The Charlestown City Court was created pursuant to statute (IC 18-1-14-1) in
1959, and began operations on January 1, 1960. With the abolition of the
Justice of the Peace Courts and the reorganization of all state courts in
the 1970's, City and Town Courts were abolished. However, a savings clause
allowed all such Courts in existence on January 1, 1981 to continue operations.
Today, any Second or Third Class City or Town may by Ordinance create or
abolish a City or Town Court. The Charlestown City Court is one of 75 City
and Town Courts across the state.
The criminal jurisdiction of the Court is limited to misdemeanors. The civil
jurisdiction of the Court is limited to cases where the amount in controversy
does not exceed $500, but includes enforcement of infractions and city ordinance
violations. Cases involving real estate, probate, slander, and all equitable
actions are specifically excluded from the Court's jurisdiction. (IC 33-10.1-2)
A City or Town Court has jurisdiction to hear misdemeanor cases which were
allegedly committed outside the city/town limits, as long as it was committed
within the county.
The
Prosecuting Attorney is responsible for the prosecution of misdemeanors
and infractions in City and Town Courts. The City or Town Attorney is responsible
for enforcement of Ordinance violations in City and Town Courts.
Ordinarily, the City or Town Court Judge resolves issues of fact in pending cases. However,
upon demand a jury trial may be held. Appeals from Judgments of the City
or Town Court may be taken to the Clark Circuit Court or the Clark Superior
Court. Unlike traditional appeals, appeals from City and Town Courts are
tried de novo in the Clark Circuit or Superior Court. (IC 33-10.1-5-9)
The Judge of a City or Town
Court is elected during municipal elections by the legal voters of the City
or Town. The statutes prescribe a four (4) year term of Office, without
limitations. The Judge of the Jeffersonville City Court, the Charlestown
City Court, the Clarksville Town Court, and the Sellersburg Town Court must be a resident of the city/town during the term of Office, but need not be an attorney.
The Charlestown City Court is located in the new Town Hall on the Square at 304 Main Cross, Charlestown, IN 47111 (812) 256-3422.
The
current Charlestown City Court Judge, George W. Waters, was elected to that
Office in 1987, 1991, 1995, 1999, 2003, and 2007.
CHARLESTOWN CITY COURT JUDGES
George W. Waters
James R. Knoebel
Rayburn Anderson
Clay Hall
Harold G. Satterly
Elizabeth Simpson
Douglas E. Cain
David L. James
|
1988 - 2011
1987 - 1987
1983 - 1987
1980 - 1983
1976 - 1979
1972 - 1975
1967 - 1971
1960 - 1967
|
SELLERSBURG TOWN COURT
(Abolished Effective December 31, 2011)
The Sellersburg Town Court was created pursuant to statute (IC 33-10.1-1) with the adoption of a Town Ordinance, and began operations in January 2004. The Sellersburg Town Court is one of 75 City and Town Courts across the state.
With the abolition of the Justice of the Peace Courts and the reorganization of all state courts in the 1970's, City and Town Courts were abolished. However, a savings clause allowed all such Courts in existence on January 1, 1981 to continue operations. Today, any Second or Third Class City or Town may by Ordinance create or abolish a City or Town Court.
The criminal jurisdiction of the Court is limited to misdemeanors, and has the power to hear misdemeanor cases which were allegedly committed outside the city/town limits, as long as it was committed within the county. The Town Court has exclusive jurisdiction over all violations of Town Ordinances. (IC 33-10.1-2)
The Prosecuting Attorney is responsible for the prosecution of misdemeanors
and infractions in City and Town Courts. The City or Town Attorney is responsible
for enforcement of Ordinance violations in City and Town Courts.
Ordinarily,
the City or Town Court Judge resolves issues of fact in pending cases. However,
upon demand a jury trial may be held. Appeals from Judgments of the City
or Town Court may be taken to the Clark Circuit Court or the Clark Superior
Court. Unlike traditional appeals, appeals from City and Town Courts are
tried de novo in the Clark Circuit or Superior Court. (IC 33-10.1-5-9)
The Judge of a City or Town
Court is elected during municipal elections by the legal voters of the City
or Town. The statutes prescribe a four (4) year term of Office, without
limitations. The Judge of the Jeffersonville City Court, the Charlestown
City Court, the Clarksville Town Court, and the Sellersburg Town Court must be a resident of the city/town during the term of Office, but need not be an attorney.
The Sellersburg Town Court is located at 101 South New Albany Street, Suite #110, Sellersburg, IN 47172 (812) 246-4410.
The current Sellersburg Town Court Judge, R. Thomas Lowe, is an attorney licensed to practice in Indiana, and was elected to that Office in 2003 and 2007.
SELLERSBURG TOWN COURT JUDGES
R. Thomas Lowe
|
2004 - 2011
|
Local Rules of Practice for the Courts of the 4th Judicial Circuit,
Clark County, Indiana (Effective October 6, 2021)
Local Rule 5 - Allocation of Cases
A. Applicability. This rule shall apply to all felony and misdemeanor cases filed in the Circuit Courts in Clark County, Indiana and in the Clarksville Town Court.
B. Major Felony Cases. Except as otherwise specifically provided for, all cases which include Murder, Class A, Class B, Class C, Level 1, Level 2, Level 3, Level 4, or Level 5 Felony offenses as the most serious charged offense, shall be assigned as follows:
(1) Cases alleging the most serious offense was committed during the months of February, April, June, August, October or December shall be assigned to the Judge of Circuit Court No. 1.
(2) Cases alleging the most serious offense was committed during the months of January, March, May, July, September, or November shall be assigned to the Judge of Circuit Court No. 4. Cases with co-defendants shall be filed in the same court.
C. Misdemeanor, Class D Felony and Level 6 Felony Cases. Except as otherwise specifically provided, all cases having a Class D Felony or Level 6 as the most serious charge shall be assigned to the Judge of Circuit Court No. 3. Misdemeanor offenses occurring in Clarksville shall be assigned to the Judge of Clarksville Town Court; all other misdemeanor offenses, except as noted in paragraph D below, shall be assigned to the Judge of Superior Court No. 5.
D. Traffic-Related Cases. All misdemeanor and felony cases which include a charge relating to traffic or motor vehicles under Title 9, Article 30, Chapter 5 of the Indiana Code or Indiana Code 35-42-1 (Homicide) shall be assigned to the Judge of Circuit Court No. 3, with the exception noted below in F when a charge of Neglect of a Dependent is also filed. Traffic infraction (IF) and ordinance violation (OV) cases shall be assigned to the Judge of Superior Court No. 5.
E. Controlled Substances Cases. All Class A, Class B, Class C, Class D, Level 1, Level 2, Level 3, Level 4, Level 5 and Level 6 felony cases which include a charge related to Controlled Substances under Indiana Code 35-48 or Legend Drugs under Indiana Code 16-42 shall be assigned to the Judge of Circuit Court No. 2. Except as noted in paragraphs C and D above, cases which include driving offenses shall be assigned to the Judge of Circuit Court No. 3. Cases involving controlled substance charges and a murder, Class A, Class B, Class C, Level 1, Level 2, Level 3, Level 4, or Level 5 Felony offense shall be assigned to the Judge of Circuit Court No. 1 or No. 4 as outlined in paragraph B above.
F. Juvenile Criminal Cases. All cases which include a misdemeanor or felony charge against a defendant alleged to be under the age of eighteen (18) at the time of the commission of the offense, shall be assigned to the Judge of Circuit Court No. 4. All cases which include a charge of Neglect of a Dependent or Contributing to the Delinquency under Indiana Code 35-46-1-8 or Violation of Compulsory School Attendance under Indiana Code 20-8.1-3 shall be assigned to the Judge of Circuit Court No. 4.
G. Attempt, Conspiracy, and Aiding Cases. For purposes of this Rule, when a case includes a charge of Attempt under Indiana Code 35-41-5-1, Conspiracy under Indiana Code 35-41-5-1, or Aiding under Indiana Code 35-41-2-4, proper assignment of the case shall be determined by reference to the substantive offense underlying each charge.
H. Re-filing of Dismissed Cases. In the event a criminal case is dismissed, and thereafter, the same or similar case is filed against the same defendant(s) based upon the same transaction, the case shall be assigned to the judge who entered the Order of Dismissal on the earlier case.
I. Juvenile Paternity Cases. Juvenile Paternity cases shall be assigned to the Judge of Circuit Court No. 4.
J. Other Juvenile Cases. All Juvenile CHINS cases, Juvenile Status cases, Juvenile Termination of Parental Rights cases, and Juvenile Miscellaneous cases shall be assigned to the Judge of Circuit Court No. 4.
K. Mortgage Foreclosure and Civil Collection Cases. Mortgage Foreclosure and Civil Collection cases shall be assigned to the Judge of Superior Court No. 6.
L. Civil Tort and Civil Plenary Cases. Civil Tort and Civil Plenary cases shall be assigned to the Judge of Superior Court No. 6.
M. Small Claims and Eviction Cases. All Small Claims and Eviction cases shall be assigned to the Judge of Superior Court No. 6.
N. Mental Health Cases. All Mental Health cases shall be assigned to the Judge of Circuit Court No. 1.
O. Domestic Relations Cases. Domestic Relations cases (DC and DN) shall be assigned to the Judge of Superior Court No. 5.
P. Reciprocal Support and IV-D Child Support Cases. All Reciprocal Support and IV-D child support cases shall be assigned to the Judge of Superior Court No. 6.
Q. Protective Order Cases. All Protective Order cases shall be assigned to the Judge of Superior Court No. 6.
R. Guardianship and Estate Cases. Guardianship cases involving adults shall be assigned to the Judge of Circuit Court No. 1 and Guardianship cases involving children shall be assigned to the Judge of Circuit Court No. 4. Estate cases (supervised and unsupervised) shall be assigned to the Judge of Circuit Court No. 1.
S. Trust Cases. All Trust cases shall be assigned to the Judge of Circuit Court No. 1.
T. Adoption Cases. All Adoption Cases shall be assigned on an equal basis to the Judges of the Circuit Courts and the Superior Courts.
U. Conservancy Districts. Conservancy district cases shall be assigned to the Judge of Circuit Court No. 1.
V. Tax Sale. Tax sale cases shall be assigned to the Judge of Circuit Court No. 1.
W. Family Court Exceptions. This subsection applies to situations of pending CHINS or juvenile delinquency matters in Circuit Court No. 4. Notwithstanding any other provision of this Rule, when a family law case (e.g., dissolution, paternity, guardianship, adoption, reciprocal support) or a modification of an existing family law case involving the same family in the pending CHINS or juvenile delinquency matter is presented to the Clerk for filing, that matter shall be filed in or transferred to Circuit Court No. 4. When a CHINS or juvenile delinquency case is filed in Circuit Court No. 4 after a family law case has been filed in any other court, the judge with jurisdiction over the family law case shall transfer that case to Circuit Court No. 4. The Judge of Circuit Court No. 4 may request a transfer of certain criminal cases where those cases have a direct impact on allocation of parenting time or placement of the child in a pending
CHINS or delinquency matter.
X. Problem Solving Court Exceptions. This subsection applies to any problem-solving court operated by the Clark Circuit Courts. When an individual is accepted into the problem-solving court, any case associated with that individual shall be transferred to the court having jurisdiction over the problem-solving court.
Y. Exceptions for Defendant with Pending Cases. When a new criminal case filing involves a defendant who has a pending criminal case, other than a Petition to Revoke Probation, the provisions of this subsection shall apply. If a defendant has a pending case in Circuit Court No. 1 or Circuit Court No. 4 and is charged with a new offense that is not solely (1) a traffic or driving related offense or (2) a felony drug or controlled substance offense, the new case shall be filed where the current case is pending. If a defendant has a pending case in Circuit Court No. 2, Circuit Court No. 3, or Superior Court No. 5 that is not (1) a traffic or driving related offense or (2) a felony drug or controlled substance offense, and a new case is filed against that defendant in Circuit Court No. 1 or Circuit Court No. 4, the pending case in Circuit Court No. 2, Circuit Court No. 3, or Superior Court No. 5 shall be transferred to Circuit Court No. 1 or Circuit Court No. 4 upon the filing of the new charge. If there is a pending level 6 felony filed in Circuit Court No. 3 and the defendant is charged with a new misdemeanor offense, that misdemeanor offense shall be filed in Circuit Court 3.
Z. Transfer of Cases. Any case that is transferred between courts shall be done so pursuant to I.C. 33-33-10-15 and 33-33-10-15.3.
AA. Magistrates. The presiding judges of Clark Circuit Courts 1, 2, 3, and 4 shall assign a magistrate to serve any of the Circuit or Superior Courts in a manner which provides greater assistance to the courts with greater caseloads. As such, a judicial officer of a court of record may serve as acting judge in another court within Clark County. This Rule shall automatically expire on January 1, 2025.
BB. Error in Case Assignments. Any error in the assignment of a criminal case shall not constitute grounds for an appeal or post-conviction relief unless actual bias or prejudice of the judge hearing the case is demonstrated
CC. Clerk Management of Case Assignment Process. The Clerk of the Circuit Courts shall, upon the approval of the Judges of each Circuit or Superior Court, implement and manage an appropriate, efficient system for distribution of cases described in the foregoing subsections as being the object of assignment "on an equal basis."
Amended effective October 6, 2021