Rule 5 - Payment and Administration of Special Judges and Senior Judges Program(A)Special Judge Fees. The Indiana Office of Judicial Administration (IOJA) shall administer the payment procedure for special judge fees in accordance with this provision. (1)Entitlement. As provided in Trial Rule 79(P), all persons other than a full-time judge, magistrate, or other employee of the judiciary who serve as special judge are entitled to a fee of twenty-five dollars ($25.00) per day for each jurisdiction served for the entry of judgments and orders and hearings incidental to such entries. Persons residing outside the county where service is rendered shall be entitled to mileage and reimbursement paid in accordance with standards set for other public officials of the State. Senior Judges who serve as special judges shall be paid in accordance with a schedule published by the Chief Administrative Office of IOJA. Senior Judges are not entitled to compensation for special judge service when the service is performed on the same day he or she serves as a senior judge. (2) Procedure for Payment. A special judge shall file his or her claim for compensation with the IOJA on forms provided by such agency as prescribed by the State Board of Accounts. Any claim for services as special judge shall encompass a specified period of time and shall include all such services rendered during such period of time. The IOJA shall present the claim form to the Auditor of the State for payment. (3)Timely Filing of Claims. Claims for compensation shall be filed by the special judge no later than ninety (90) days from the date of service. (B)Senior Judges. The Indiana Office of Judicial Administration (IOJA) shall administer the senior judge program and the payment of senior judges in accordance with this rule. (1) Appointment. The Supreme Court may appoint all senior judges currently certified by the Judicial Nominating Commission to serve the Court of Appeals, the Tax Court, a circuit, superior, or probate court. The Supreme Court shall fix the term or period of time for the senior judge appointment, and may prescribe the duties to be performed by the senior judge.(2)Number of Senior Judge Days for Requesting Court. Each year, the Supreme Court shall fix, based upon the recommendation of the Chief Administrative Officer of the IOJA, who shall use the Indiana Weighted Caseload Measures System, the annual statistical reports, and other relevant criteria, the number of senior judge days that each court may use. Every court authorized in this rule to use senior judges will be entitled to a minimum of ten (10) days of senior judge service during the year of appointment. If a senior judge serves as a Mediator under Rule 5(B)(9) or as an Attorney Surrogate under Rule 5(B)(10), those days of service shall not count as service days against the appointing court's allotment under this rule. (3)Qualification for Senior Judge Status. A person who is certified by the Indiana Judicial Nominating Commission may serve as senior judge. Each year the Indiana Judicial Nominating Commission shall certify to the Supreme Court that a person who is certified: (a)(i) has served in their judicial capacity for at least four (4) yearsand (ii) at least one of those years was within five (5) years of the application or, in the event the four years of service was more than five (5) years prior to the application, has served at least thirty (30) days as a senior judge during a calendar year within five (5) years of the application; except that the Indiana Judicial Nominating Commission may, upon the finding of exceptional circumstances, waive the foregoing criteria and certify a senior judge with less service than specified above; (b) agrees to serve as a senior judge for at least thirty (30) days in the year of appointment and has not in any previous year of service failed to serve for at least thirty (30) days without good cause as determined by the Indiana Judicial Nominating Commission. (c) agrees to comply with the Code of Judicial Conduct; further agrees to not serve as an elected official or employee of a governmental entity or sub-division except with Supreme Court permission; (d) agrees to serve where assigned; and that the service shall be substantially equivalent to the daily calendar of the court to which the senior judge is assigned; (e) is not required to continue to serve in all special judge cases in which the person who is certified was serving as a special judge at the time the person left office, but upon continuing to serve in such special judge assignments will receive senior judge credit for such service; provided however, if the circumstances that led to the person who is certified being appointed as a special judge no longer exist, and no other disqualification exists, then the case may be returned to the regular judge of the court where the case is pending. (f) agrees, (i) in the case of a senior judge appointed or assigned to serve a trial court, not to represent any client in any case before a court in which the senior judge is appointed or assigned as senior judge; and to disclose to the parties coming before him in his capacity as a senior judge whenever, within the previous one (1) year, he has served as an ADR neutral for: 1) a lawyer or lawyer's firm of a party to the case, or 2) a party currently before the court. Following the disclosure, unless all parties agree on the record that the senior judge may hear the case, the senior judge must recuse; and, (ii) in the case of a senior judge appointed or assigned to serve an appellate court, (1) not to represent any client in any case before an Indiana appellate court, (2) not to serve as an ADR neutral in any case in which he or she participated as a judicial officer, (3) not to serve as a judicial officer in any case in which he or she participated as an ADR neutral, and (4) not to represent any client in any case before a tribunal whose decisions are subject to review by an Indiana appellate court.(g) is fit to serve as a senior judge. (4)Procedure. When appointing a senior judge, a judge shall cause an order to be filed under a court business (CB) case type naming the senior judge who will serve the court, subject to the Code of Judicial Conduct. The order shall specify (a) the duration of the service or (b) the case assigned to the senior judge and any limits on the assignment's duration. A senior judge shall have the same authority as the judge of the court where the senior judge is serving, but only during the time specified in the order and such additional time as required to finalize the assignment. A violation of the Code of Judicial Conduct does not impair the authority or actions of the senior judge.(5)Oath of Office. Upon initial certification as a senior judge, the senior judge shall take an oath of office and shall file it with the Clerk of the Indiana Supreme Court. (6)Per Diem Allowance. As provided by statute, a senior judge is entitled to senior judge service credit and a per diem allowance of one hundred seventy-five dollars ($175.00) per day for the first thirty (30) days of service in a calendar year. Pursuant to statute, the Indiana Supreme Court may adjust the per diem rate and increase it to not more than two hundred fifty dollars ($250.00) for each day of service after the first thirty (30) days. A senior judge shall report only the portion of the day served for payment and credit. However, in exceptional circumstances, upon joint application to the Supreme Court by a senior judge and the judge of the trial court, the Supreme Court, in its discretion, may grant additional senior judge credit to the senior judge and additional senior judge service time to the trial court. A senior judge residing outside of the county where service is rendered is entitled to reimbursement for mileage at a rate equal to other public officials as established by state law and reasonable expenses incurred in performing the duties of senior judge for each day served, all as provided by state travel guidelines. A senior judge may not be compensated as such for more than one hundred (100) calendar days in the aggregate during any one calendar year. (7)Procedure for Payment. A senior judge shall file a claim for compensation with the IOJA on forms provided by such agency as prescribed by the State Board of Accounts. The IOJA shall promptly present the claim to the Auditor of State for payment. Claims for compensation shall be filed no later than thirty (30) days from the date of service. (8)Qualification for Benefits. As provided by statute, a senior judge who is appointed by the Supreme Court to serve for a period equal to or greater than thirty (30) working days is a state employee for purposes for state insurance benefits. A senior judge becomes eligible for state insurance upon appointment. In the event a senior judge fails to serve at least thirty (30) days during any year of appointment, that senior judge's eligibility to state insurance benefits based on senior judge service shall cease and terminate at the end of that year. A senior judge whose eligibility to state insurance benefits has terminated under this subsection may become eligible again if the judge is certified by the Judicial Nominating Commission pursuant to Section (B)(3) of this Rule and is appointed to serve in a court, but only after serving as a senior judge a minimum of thirty (30) days during the year of appointment. A senior judge who waives per diem pay is entitled to receive senior judge service credit and to state insurance benefits for service that substantially complies with the appointment of the Supreme Court. As used in this rule, term "state insurance benefits" includes group health, life, dental, and vision insurance benefits and other benefits offered by the State of Indiana to its elected officials from time to time. (9)Senior Judge Serving as Mediator. A senior judge who is also a registered mediator and serves as a mediator in court-ordered mediation pursuant to IC 33-23-3-3, or on a pro bono basis, may receive senior judge service credit for said mediation service provided that the senior judge is not compensated at a rate greater than the per diem rate for senior judges. (10)Senior Judge Serving as an Attorney Surrogate. A senior judge who is appointed and serves as an Attorney Surrogate under Admission and Discipline Rule 23 § 27 may receive senior judge credit and compensation at the per diem rate for senior judges so long as the senior judge is not being compensated for the services under Admission and Discipline Rule 23 § 27(g). The senior judge shall make the election to receive senior judge credit and compensation within sixty days of the appointment as Attorney Surrogate by filing a notice with the appointing court.(11)Performing Marriages and Administering Oaths. A senior judge who has been certified bythe Judicial Nominating Commission shall have authority any time during the certification to officiate marriages and administer oaths.Adopted Nov. 16, 1984, effective 1/1/1985; amended Oct. 29, 1993, effective 1/1/1994; amended Dec. 5, 1994, effective 2/1/1995; amended Dec. 15, 1995, effective 2/1/1996; amended Nov. 25, 1997, effective 1/1/1998; amended Dec. 21, 2001, effective 4/1/2002; amended Aug. 15, 2006, effective 1/1/2007; amended effective 2/1/2007; amended Sept. 10, 2007, effective 1/1/2008; amended June 23, 2010, effective 7/1/2010; amended Sept. 21, 2010, effective 1/1/2011; amended Sept. 20, 2011, effective 1/1/2012; amended Oct. 11 and Oct. 26, 2012, effective 1/1/2013; further amended effective 1/10/2017; amended Nov. 1, 2017, effective 1/1/2018; amended July 26, 2018, effective 7/26/2018; amended January 6, 2020, effective 1/6/2020; amended October 7, 2020, effective 10/7/2020; amended July 7, 2023, effective 1/1/2024.