If all judicial officers in Delaware County are ineligible to serve, the sitting judge shall direct the Clerk of Delaware County to select (on a rotation basis) one of the full-time judicial officers from the Administrative District (omitting all Delaware County judicial officers).

In the event that no judicial officer within the above list is eligible to serve as special judge, or if the case’s particular circumstances warrant selection of a special judge by the Indiana Supreme Court, the judge of the court in which the case is pending shall certify the matter to the Indiana Supreme Court to appoint a special judge.

(D) Assignment – Juvenile.

In juvenile cases where the appointment of a special judge is required under TR 76, or the presiding judge has disqualified or recused under TR 79(C), and parties do not agree to a particular special judge pursuant to TR 79(D); the regular sitting judge shall direct the Clerk of Delaware County to select (on a rotating basis) one of the following available full-time judicial officers:

  • (a) Presiding Judge, Blackford Circuit Court;
  • (b) Presiding Judge, Henry Circuit Court No. 1
  • (c) Presiding Judge, Jay Circuit Court; and
  • (d) Presiding Judge, Randolph Circuit Court;

If a special judge selected from the rotating list is ineligible for, disqualified from, or excused from appointment, then the regular sitting judge shall direct the Delaware County Clerk to select (on a rotating basis) the next full-time judicial officer on the list.

In the event that no judicial officer within the above list is eligible to serve as special judge, or if the case’s particular circumstances warrant selection of a special judge by the Indiana Supreme Court, the judge of the court in which the case is pending shall certify the matter to the Indiana Supreme Court to appoint a special judge.

(E) Maintaining Separate Lists.

The Delaware County Clerk shall maintain separate civil and juvenile lists, in the rotation order as set forth in this Rule, from which the clerk may determine the appropriate appointment in civil and juvenile cases.

(F) Forfeiture Proceedings

If the respondent has filed an answer, the court shall schedule a hearing, upon the conclusion of any related criminal matter, to determine the legitimacy of the forfeiture by a preponderance of the evidence pursuant to I.C. 34-24-1-4.

(G) Protective Orders

If a Protective Order is filed in a court and the judicial officer cannot rule on the ex parte request due to a conflict, the judicial officer shall instruct the Clerk to reassign the protective order pursuant to LR18-CR00-DLR-0006.5(A).

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