Sec. 4. (a) The voters of each township having a small claims court shall elect a constable for the small claims court at the general election every four (4) years for a term of office of four (4) years, beginning January 1 after election and continuing until a successor is elected and qualified. The ballot must state the: (1) name of the candidate; and (2) court for which the candidate is to serve. (b) Each small claims court shall have a constable who: (1) acts as the bailiff of the court; (2) serves the court's personal service of process; (3) has police powers to: (A) make arrests; (B) keep the peace; and (C) carry out the orders of the court; (4) must meet the qualifications prescribed by IC 3-8-1-31 ; (5) is compensated for each process that is delivered to effect personal service when serving as the bailiff for the court; (6) is responsible for: (A) the preparation and mailing of all registered or certified service and is compensated for each process served by mail; and (B) all the official acts of the deputies; (7) is compensated solely from the service of process fees collected under IC 33-34-8-1 ; and (8) may require a deputy to give a bond for the proper discharge of the deputy's duties for an amount fixed by the constable. (c) The elected constable may appoint full-time and part-time deputies for assistance in the performance of official duties who: (1) perform all the official duties required to be performed by the constable; (2) possess the same statutory and common law powers and authority as the constable; (3) must take the same oath required of the constable; (4) are compensated solely from the service of process fees collected under IC 33-34-8-1 ; and (5) serve at the pleasure of the constable and may be dismissed at any time with or without cause. (d) If there is an: (1) emergency; or (2) inability of a constable to carry out the constable's duties; the judge may appoint a special constable to carry out the duties of the constable during the emergency or inability. [Pre-2004 Recodification Citation: 33-11.6-8-4.] IC 33-34-7 Chapter 7. Records; Reports; Accounting 33-34-7-1 Accounting rules and forms 33-34-7-2 Caseload reports 33-34-7-3 Records 33-34-7-4 Centralized case management system
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