IN THE MATTER OF ) THE APPOINTMENT OF ) A JUDGE PRO TEMPORE IN ) Case No. 79S00-0201-MS-76 TIPPECANOE SUPERIOR )COURT NO. 2 )
Lapse is a word with many shades of meaning, but it might generally
be understood to mean to expire, pass away, fail, or fall from one
status to another, or to go out of existence entirely.
Blacks Law Dictionary 885 (7th ed. 1999); Websters Third New International Dictionary 1272
(1967). Thus, by its own terms, Indiana Code section 34-35-1-5 is not
applicable because this is not a situation where Tippecanoe Superior Court No. 2
will lapse in any meaningful sense of the word.
There is no need to recite the vast changes in technology, communications, and
transportation that have occurred since the statute was enacted 121 years ago.
It is enough simply to note that the development of multi-court counties, the
creation of rules allowing cases to be reassigned from one court to another,
and the adoption of rules governing the appointment of judges
pro tempore to
fill special needs, have made the lapsing of a court an extraordinarily remote
In the ordinary exercise of constitutionally vested judicial power, the Supreme Court has
the inherent authority to appoint judges
pro tempore to fill vacancies until the
Governor makes an appointment, in order to keep the judicial division of government
fully functional. We find that Indiana Code section 34-35-1-5 has no application because
there is no risk of a court lapsing.
This order shall be sufficient authority for Judge David J. Crouse to continue
the employment of court personnel and otherwise discharge the duties of judge of
Tippecanoe Superior Court No. 2. Judge Crouse shall be entitled to compensation
for this service, paid by the State of Indiana, computed at the same
rate as the regular judge commencing from the date of this order, pursuant
to Trial Rule 63(D).
The Clerk of this Court is directed to forward a certified copy of this order to the Clerk of the Tippecanoe Superior Court, who is directed to enter this order into the Record of Judgments and Orders. The Clerk is further directed to send copies of this order to the Honorable David J. Crouse; to the Division of State Court Administration, payroll department; and to the Indiana Judicial Center.
Done at Indianapolis, Indiana, this 28th day of January, 2002.
Randall T. Shepard
Chief Justice of Indiana
All Justices concur.