Indiana Supreme Court
Division of State Court Administration
30 S. Meridian Street, Ste. 500
Indianapolis, IN 46204
Lilia G. Judson, Esq.
Interim Chief Administrative Officer
A former judge, magistrate, or commissioner appointed under IC 33-33-49 with the requisite amount of experience who wishes to serve as a senior judge must be annually certified by the Indiana Judicial Nominating Commission (IC 33-27-4-1) and annually appointed to the court(s) in which the senior judge is to serve.
Certification must be accomplished each year. To be certified, a former judge must file an application with the Judicial Nominating Commission. The Commission then certifies to the Supreme Court that the applicant has served as an elected or appointed judge, magistrate, or commissioner appointed under IC 33-33-49 for at least four (4) years and that at least one of those service years occurred within five years of the application. For returning senior judge applicants, the four years of service as an elected or appointed judge may be more than five (5) years prior to the application if he or she has served at least thirty (30) days as a senior judge during a calendar year within five (5) years of the application. (The Nominating Commission also may waive these criteria and certify a senior judge with less service, but only under exceptional circumstances.)
In addition to the judicial experience and timing criteria described above, the Nominating Commission must certify that the applicant:
The Court of Appeals or a circuit, superior, county, tax or probate court may ask the Supreme Court to provide senior judge services. The number of days that a court receives the assistance of a senior judge days is based on caseload analysis. Regardless of caseload, however, every court may use a senior judge for at least 10 days during a year of appointment.
During the days that a senior judge is serving in a court, a senior judge has the same jurisdiction as the presiding judge of the court where the judge is appointed to serve. In addition, a senior judge has jurisdiction at any time during the appointment to officiate at marriages. A senior judge also may retain jurisdiction in an individual case on the order of the presiding judge of the court in which the case is pending (Admin.Rule 5(B)(4)).
Unlike judges pro tempore, who are empowered to act only in the absence of the regular judge, senior judges may serve concurrently with the other judicial officers of the court in which they are appointed.
The Indiana Supreme Court provides the compensation rate for senior judges in Administrative Rule 5. A senior judge receives $100 per day for the first 30 days of service in a calendar year and may be paid up to $250 per day for over 30 days of service if funding is available. Senior judges may not be paid as senior judges for more than 100 days per year.
Senior Judges who serve less than a full day are no longer required to accumulate time into whole day increments. A senior judge who serves less than the daily calendar of the court shall report only the fractional amount of the day served for payment and credit.
Senior Judges who serve as special judges are paid according to a schedule established by the Director of the Division of State Court Administration (Compensation Schedule). 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.
In addition, those who serve more than 30 days per year may be considered state employees for purposes of state insurance benefits, including group health, life, dental and vision insurance benefits. This eligibility has, in time, served as an incentive for many former judges to serve as senior judges.
The Division of State Court Administration pays senior judge compensation. A senior judge must file a claim for compensation with the Division of State Court Administration (Senior Judge Compensation Claims forms). The Division will then present the claim to the Auditor of State for payment. Claims for compensation must be made within 30 days of the date of service.