IC 33-38-12
Chapter 12. Defense and Indemnification of Judges for Civil
Damages
IC 33-38-12-1
Application of chapter
Sec. 1. This chapter does not apply to a threatened, pending, or
completed action or proceeding that:
(1) results in the criminal conviction of; or
(2) is a disciplinary action or proceeding against;
a judge.
As added by P.L.98-2004, SEC.17.
IC 33-38-12-2
"Expenses" defined
Sec. 2. As used in this chapter, "expenses" includes the following:
(1) Reasonable attorney's fees, if the attorney general has
authorized the executive director of the division of state court
administration to hire private counsel to provide the defense.
(2) A judgment.
(3) A settlement.
(4) Court costs.
(5) Discovery costs.
(6) Expert witness fees.
(7) Any other expense incurred as a result of an action or a
proceeding.
As added by P.L.98-2004, SEC.17.
IC 33-38-12-3
"Judge" defined
Sec. 3. As used in this chapter, "judge" means an individual who
holds or formerly held one (1) of the following offices or
appointments:
(1) Justice of the supreme court.
(2) Judge of the court of appeals.
(3) Judge of the tax court.
(4) Judge of a circuit court.
(5) Judge of a superior court.
(6) Judge of a probate court.
(7) Judge of a municipal court.
(8) Judge of a county court.
(9) Judge of a city court.
(10) Judge of a town court.
(11) Judge of a small claims court.
(12) A judge pro tempore, senior judge, temporary judge, or any
other individual serving as judge in an action or a proceeding in
an Indiana court.
(13) Bail commissioner.
(14) Magistrate.
(15) Master commissioner.
(16) Probate commissioner.
(17) Referee.
As added by P.L.98-2004, SEC.17.
IC 33-38-12-4
Payment of expenses
Sec. 4. The state shall pay the expenses incurred by a judge from
a threatened, pending, or completed action or proceeding that arises
from:
(1) making;
(2) performing; or
(3) failing to make or perform;
a decision, a duty, an obligation, a privilege, or a responsibility of the
judge's office.
As added by P.L.98-2004, SEC.17.