Rule 14 – Judges Pro Tempore; Appointment

May 13, 2021 | Criminal Procedure, Indiana

When it shall be made to appear to the Supreme Court of Indiana by satisfactory proof that the judge of any court having criminal jurisdiction is unable because of physical or mental infirmity to perform the duties of his office, and no judge pro tempore has been legally appointed to perform and is performing such duties, the Supreme Court of the state may appoint a judge pro tempore to serve as sole judge of said court for the duration of such infirmity

The judge so appointed shall be an attorney in good standing in the state of Indiana.

Provided further that when it shall be made to appear to the Supreme Court of Indiana by verified petition supported by affidavit that any judge of any court having criminal jurisdiction fails, refuses, or neglects to perform the duties of his office without good cause, the court shall issue an order to any such judge requiring him to proceed to perform the duties of his office and shall fix a date for said judge to appear and show cause why he has failed to perform such duties, or in the alternative to show cause why a judge or judges pro tempore or commissioner shall not be appointed to complete the performance of the duties of the judge of any such court under order and direction from the Supreme Court of Indiana. In all cases hereunder at least ten [10] days’ prior notice, with a copy of such petition, shall be given to the judge concerned that such petition will be presented to the court upon a date named.

Ind. R. Crim. P. 14