If a Defendant has allegedly committed multiple offenses in different months, the date of the highest-level alleged offense shall control the assignment. If a Defendant has committed the same level of felony in different months, the date of the first alleged offense shall control the assignment.

(Amended effective January 1, 2022)

If a judge grants a change of judge motion, or should a judge find it necessary to disqualify and assign a different judge to a case, the Clerk shall reassign the case as follows:

• Cases from the Delaware Circuit Court No. 1 shall be reassigned to the Delaware Circuit Court No. 2.
• Cases from the Delaware Circuit Court No. 2 shall be reassigned to the Delaware Circuit Court No. 3.
• Cases from the Delaware Circuit Court No. 3 shall be reassigned to the Delaware Circuit Court No. 4.
• Cases from the Delaware Circuit Court No. 4 shall be reassigned to the Delaware Circuit Court No. 5.
• Cases from the Delaware Circuit Court No. 5 shall be reassigned to the Delaware Circuit Court No. 1.

If the judge to whom the case is assigned cannot assume jurisdiction for any reason, the Clerk shall assign the case to the next judge in the consecutive order as set out above.

If the Clerk is unable to assign a special judge under the provisions of Trial Rule 79(H), then the regular sitting judge shall direct the Clerk of Delaware County to select (on a rotating basis) one of the full-time judicial officers from the following available panel:

• (1) Presiding Judge, Blackford Circuit Court;
• (2) Presiding Judge, Blackford Superior Court;
• (3) Presiding Judge, Henry Circuit Court No. 1
• (4) Presiding Judge, Henry Circuit Court No. 2;
• (5) Presiding Judge, Henry Circuit Court No. 3;