Rule 21 - Criminal Case Reassignment and Special Judges(A)Selection under Local Rule Adopted by Counties. Upon granting a change of judge or the disqualification or recusal of a judge in a criminal case, post-conviction proceeding, infraction, or ordinance violation, a successorjudge shall be assigned in the same manner as the initial judge. Where this process does not result in the selection of a successorjudge, selection shall be made by local rule. The local rule required must include an alternative assignment list of full-time judicial officers from contiguous counties and counties within the administrative district of the court as set forth in Administrative Rule 3(A) and senior judges. The local rule must take into account the effective use of all judicial resources within an administrative district. Except for those serving pursuant to Criminal Rule 2.4(E)(6), judges previously assigned to the case are ineligible for reassignment. A person appointed to serve as special judge must accept jurisdiction in the case unless the appointed special judge is disqualified pursuant to the Code of Judicial Conduct, ineligible for service under this Rule, or excused from service by the Indiana Supreme Court.
(B)Appointment by Indiana Supreme Court. A trial court may request the Indiana Supreme Court to appoint a special judge in the following circumstances: (1) no judge under the local rule is available for appointment; or(2) the circumstance warrants selection of a special judge by the Indiana Supreme Court. (C)Qualification and Oath. A judge assigned under the provision of this rule must accept jurisdiction unless disqualified under the Code of Judicial Conduct or excused from service by the Indiana Supreme Court. The reassignment of a case or assignment of a special judge must be entered in the Chronological Case Summary of the case. An oath or special order accepting jurisdiction is not required.(D)Discontinuance of Service. In the event the case has been reassigned or a special judge assumes jurisdiction and thereafter ceases to act for any reason, further reassignment or the selection of a successor special judge must be in the same manner as set forth in section (A).(E)Compensation. A full-time judge, magistrate, or other employee of the judiciary must not be paid a special judge fee for serving as a special judge or serving in a case reassigned pursuant to this rule. All other persons serving as special judge shall be paid a special judge fee of twenty-five dollars per day for each jurisdiction served for the entry of judgments and orders and hearings incidental to such entries. All judges, magistrates, and other persons who serve in courts outside of their county of residence shall be entitled to mileage at a rate equal to other public officials as established by state law, hotel accommodations, and reimbursement for meals and other expenses. Senior Judges who serve as special judges shall be paid in accordance with a schedule published by the Chief Administrative Officer of the Office of Judicial Administration. At the discretion of the special judge and following consultation with the parties, a special judge or a judge reassigned a case in another court may schedule conferences, entertain motions, and perform all administrative tasks without travel to the court where the case is pending. All hearings involving testimony by witnesses, unless the parties agree to the contrary on record, shall be held in the court where the case is assigned. Special judges are encouraged to employ procedures that reduce the necessity for travel, such as telephone conferences, facsimile exchange of information, and other time-saving measures of communication. Compensation as permitted under this provision shall be paid by the State upon presentation of a claim for such services signed by the special judge.(F)Continuation of Jurisdiction. A special judge appointed by the Indiana Supreme Court retains jurisdiction of the case for all future proceedings unless: (1) a specific statute or rule provides to the contrary; or(2) the judge is unavailable by reason of death, sickness, absence, or unwillingness to serve.Adopted June 23, 2023, effective 1/1/2024.