Sec. 5. (a) This section applies if a judge is prevented from presiding during any session of court by reason of: (1) death, sickness, or other casualty; or (2) the judge's failure to attend or appear for any period of three (3) days; so that the court will lapse. (b) The sheriff may adjourn the court from day to day. (c) If the judge fails to appear under subsection (a)(2): (1) the clerk, the sheriff, and the auditor; or (2) in case of the absence of the clerk, the sheriff, or the auditor, the two (2) who are present, together with the recorder of the county; may elect any competent and reputable attorney to act as judge. (d) If the attorney elected under subsection (c) accepts, the attorney shall qualify as other judges, and the attorney's appointment, with the reason for the appointment and the attorney's oath, shall be entered on the order book. (e) A judge selected under this section (or IC 34-1-13-5 before its repeal) may preside until: (1) the return of the regular judge; (2) in case of death, until the judge's successor is named; or (3) in case of vacancy or if the judge is required to be absent, until a successor is named by the proper authority. [Pre-1998 Recodification Citation: 34-1-13-5.] IC 34-35-2 Chapter 2. Change of Venue From County in Civil Actions 34-35-2-1 Counties with two or more adjoining counties 34-35-2-2 Counties with populations of at least 100,000 34-35-2-3 Nonadjoining counties; prior change of venue 34-35-2-4 Counties stricken from list by parties 34-35-2-5 Counties with populations of more than 400,000 and less than 700,000
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