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STATE OF INDIANA ) IN THE DAVIESS CIRCUIT COURT
CO/UNTY OF DAVIESS ) CAUSE N 0.: 14C01-2201—CB-000004
APPOINTMENT OF COMMISSIONER/ REFEREE
This Order is entered effective Nunc Pro Tunc to January 1, 2013 with the appointment of
the first Referee / Commissioner for the Daviess Circuit Court and concerns the authority for,
and duties and powers of the Referee / Commissioner of the Daviess Circuit Court and
superceded the prior Order in 14C01-2003-CB—000190 or any other prior Order creating the
position of Referee / Commissioner of the Daviess Circuit Court. This Order shalll be deemed an
ongoing and standing Order for future years, except as be modified, amended, restricted or
superceded by further Order of this Court.
GOAL:
To create a Commissioner for Title IV- D child support cases and a referee position to
assist the Circuit Court in hearing and expediting small claims, juvenile, CHINS,
delinquency, probate and any other matters assigned to the position by the court and/or by
Local Rule. The Referee / Commissioner may also be utilized to assist the Daviess
Superior Court in small claims, infractions and criminal matters as may be directed or
Ordered by the Judge of the Daviess Superior Court and approved by the Judge of the
Daviess Circuit Court.
PURPOSE:
To provide assistance and the procedures for securing child support for minor children
and ensuring or enforcing compliance with support orders and\or establishing paternity in
Title IV -D cases and eventually adding non-IV—D family law cases by allowing
additional hearings; to assist in the efficient handling of the small claims docket and
landlord—tenant actions pursuant to Local Rules.
DESCRIPTION: (A full job description is on file with the Judge of the Daviess Circuit Court)
To provide more time for establishment and enforcement hearings by the Circuit Court of
Daviess County Indiana in order to ensure optimum results from court efforts in IV D
and other child-support cases and to provide for the securing of Federal Financial
Participation (F FP) for those efforts and to assist the Court in the administration of justice
in other matters as determined by the Judge of the‘Daviess Circuit Court or provided by
t the local rules of the Daviess Circuit and Superior Courts.
STATUTORY AUTHORITY:
1. Federal Law and State statutory law in the State of Indiana allow (and encourage) the
creation of a Commissioner\Referee position to assist Courts, prosecutors and citizens in
J
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the collection of child support from parents for children. This includes establishing
paternity, setting new support orders, modifying existing orders and enforcing support
orders.
Indiana Code 31-25-4-15 allows a child support Commissioner, Referee or Hearing
Officer. Title IV- D Of the Social Security Act allows states and counties to be -
reimbursed for up to 66% of the cost attributed to the child support collection efforts by
the court, including salaries and benefits of a Commissioner\Referee, court reporters,
Bailiff, other administrative assistant and equipment and supplies. Section 15 provides:
(a) the judge of the court having jurisdiction over actions arising under Title IV-D
of the Social Security Act (42 U.S.C. 651) shall, when necessary to satisfy the
federal requirement of expedited process for obtaining and enforcing support
orders (42 U.S.C. 666 (a) (2); (42 C.F.R. 303.101), appoint assistants to meet the
standards established by the judicial conference of Indiana under subsection (d),
including:
(1) Court commissioners;
(2) Hearing examiners;
(3) Masters and;
(4) Referees;
to make findings of fact and recommendations for the judge’s approval in actions
J arising under Title TV-D of the Social Security Act (42 U. S. C. 651 et. seq.).”
In addition, Indiana Code 31-3, chapters 3 and 4 provide authority for a court to appoint a
Juvenile Referee to hear Juvenile and/or CHINS cases, protective orders and other related
matters assigned by a Court. IC 31-31-3-1 through 6 deal with judicial districts larger
than 50,000 in population. I.C. 31-31-4-1 concerns judicial districts with a population of
less than 50,000. At this time the Daviess County Indiana’s population is less than 50,000
being approximately 31,000 according to the most recent census. Indiana Code 31-31-4-2
provides:
“The judge of a juvenile court may appoint one (1) or more part-time juvenile
‘
court referees.”
In addition, Indiana Rules of Trial Procedure, Small Claims Rule 14 provides: “In any
Circuit Court exercising Small Claims jurisdiction, the circuit Judge may appoint a
Referee to assist the Court in performing the “county court functions.” Such referee shall
be an attorney admitted to practice in Indiana and shall serve at the pleasure of the circuit
Judge. The referee shall have such authority as the circuit Judge shall assign by Order.
The referee shall be a finder of fact - the decision rendered will be that of the Circuit
Judge.” The Referee / Commissioner shall also preside over small claims cases filed in
the Daviess Circuit Court pursuant to Local Rule LR14-AR00-3.1.
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FUNDING:
The funding of the position shall be as approved by the Daviess County Council in the
Daviess Circuit Court budget from the county general fund. The Commissioner\Referee
shall have as a part of his duties the‘obligation of seeking reimbursement, including the
filing of all appropriate and necessary claims or'budgets with the appropriate agency, in
order to obtain reimbursement from Title IV D incentive monies as provided by law.
ASSISTANCE FOR DAVIESS SUPERIOR COURT: Additionally, the Referee/Commissioner
position may be called upon and appointed to assist the Judges of the Circuit or Superior Court as
a hearing officer for other matters, including collection matters, infractions and/or ordinance
violations, criminal initial hearings, pre-trials, change of plea hearings and/or sentencing hearings
in the capacity as Referee/Commissioner, Judge pro-temp. or as Temporary Judge as determined
by the Judges of the Circuit and Superior Courts in assisting each court or per the assignment of
cases as provided by Local Rules. Per I.C. 33-29—3-1 and I.C. 33-33-14-2 and I.C. 31-29-5-4 (5)
IT IS FURTHER ORDERED that the Referee / Commissioner of the Daviess Circuit
Court shall have the same powers and duties of a Magistrate as set forth in Ind. Code §
33-23-5-5, including, but not limited to those set forth in Ind. Code § 33-23-5-8.
In addition to the above powers and duties the Referee / Commissioner shall have general powers
to:
1. administer an oath or affirmation required by law;
2. solemnize a marriage;
3. take and certify an affidavit or deposition;
4. order that a subpoena be issued in a matter pending before a court;
5. compel the attendance of a witness;
6. punish contempt;
7. issue a warrant;
8. set bail;
9. enforce court rules;
10. conduct a preliminary, initial, omnibus, or other pretrial hearing;
11. conduct an evidentiary hearing or trial;
12. receive a jury‘s verdict;
l3. verify a certificate for the authentication of records or a proceeding conducted by the
Referee / Commissioner;
l4. enter a final order, Conduct a sentencing hearing, and impose a sentence on a person
convicted of a criminal offense as described in Ind. Code § 33-23-5-9-(b);
15. enter a final order or judgment in any proceeding involving matters specified in Ind. Code
§ 33-29-2-4 (jurisdiction of small claims docket) or Ind. Code § 34-26-5 (protective orders
to prevent domestic or family violence or harassment).
16. approve and accept criminal plea agreements;
17. approve agreed settlements concerning civil matters;
18. Approve decrees of dissolution, settlement agreements, and any other agreements of
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the parties in domestic relations actions or paternity actions.
ALL OF WHICH IS SO ORDERED, this 20 th day of January, 2022.
Horffireggfily AV/Slmith, Judge
Daviess Circuit Court
CERTIFICATION AND RATIFICATION
I, Gregory A. Smith, Judge of the Circuit Court of Daviess County, hereby certify that I
did appoint MICHAEL D. CHESTNUT, a competent attorney in active and good standing
admitted to practice by the Supreme Court of Indiana to serve as the Referee / Commissioner of
the Daviess Circuit Court effective January 1, 2013 and following his resignation effective
December 31, 2020 I did then appoint TONYA R. HOSFORD, a competent attorney active and
in good standing admitted to practice by the Supreme Court of Indiana and residing in Daviess
County, Indiana to serve as Referee / Commissioner of the Daviess Circuit Court beginning
January 16, 2021 and to continue to serve at the pleasure of the Judge of the Daviess Circuit
Court. The Court does hereby ratify and adopt all Orders and Judgments entered by said Referee
/ Commissioners of the Daviess Circuit Court entered in any case as part of their assigned duties.
WITNESS my hand and seal on January 20,
20%
Hon. GreéfiyflSmithJJudge
Daviess Circuit Court
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Preview
STATE OF INDIANA ) IN THE DAVIESS CIRCUIT COURT CO/UNTY OF DAVIESS ) CAUSE N 0.: 14C01-2201—CB-000004 APPOINTMENT OF COMMISSIONER/ REFEREE This Order is entered effective Nunc Pro Tunc to January 1, 2013 with the appointment of the first Referee / Commissioner for the Daviess Circuit Court and concerns the authority for, and duties and powers of the Referee / Commissioner of the Daviess Circuit Court and superceded the prior Order in 14C01-2003-CB—000190 or any other prior Order creating the position of Referee / Commissioner of the Daviess Circuit Court. This Order shalll be deemed an ongoing and standing Order for future years, except as be modified, amended, restricted or superceded by further Order of this Court. GOAL: To create a Commissioner for Title IV- D child support cases and a referee position to assist the Circuit Court in hearing and expediting small claims, juvenile, CHINS, delinquency, probate and any other matters assigned to the position by the court and/or by Local Rule. The Referee / Commissioner may also be utilized to assist the Daviess Superior Court in small claims, infractions and criminal matters as may be directed or Ordered by the Judge of the Daviess Superior Court and approved by the Judge of the Daviess Circuit Court. PURPOSE: To provide assistance and the procedures for securing child support for minor children and ensuring or enforcing compliance with support orders and\or establishing paternity in Title IV -D cases and eventually adding non-IV—D family law cases by allowing additional hearings; to assist in the efficient handling of the small claims docket and landlord—tenant actions pursuant to Local Rules. DESCRIPTION: (A full job description is on file with the Judge of the Daviess Circuit Court) To provide more time for establishment and enforcement hearings by the Circuit Court of Daviess County Indiana in order to ensure optimum results from court efforts in IV D and other child-support cases and to provide for the securing of Federal Financial Participation (F FP) for those efforts and to assist the Court in the administration of justice in other matters as determined by the Judge of the‘Daviess Circuit Court or provided by t the local rules of the Daviess Circuit and Superior Courts. STATUTORY AUTHORITY: 1. Federal Law and State statutory law in the State of Indiana allow (and encourage) the creation of a Commissioner\Referee position to assist Courts, prosecutors and citizens in J Page l of 4 the collection of child support from parents for children. This includes establishing paternity, setting new support orders, modifying existing orders and enforcing support orders. Indiana Code 31-25-4-15 allows a child support Commissioner, Referee or Hearing Officer. Title IV- D Of the Social Security Act allows states and counties to be - reimbursed for up to 66% of the cost attributed to the child support collection efforts by the court, including salaries and benefits of a Commissioner\Referee, court reporters, Bailiff, other administrative assistant and equipment and supplies. Section 15 provides: (a) the judge of the court having jurisdiction over actions arising under Title IV-D of the Social Security Act (42 U.S.C. 651) shall, when necessary to satisfy the federal requirement of expedited process for obtaining and enforcing support orders (42 U.S.C. 666 (a) (2); (42 C.F.R. 303.101), appoint assistants to meet the standards established by the judicial conference of Indiana under subsection (d), including: (1) Court commissioners; (2) Hearing examiners; (3) Masters and; (4) Referees; to make findings of fact and recommendations for the judge’s approval in actions J arising under Title TV-D of the Social Security Act (42 U. S. C. 651 et. seq.).” In addition, Indiana Code 31-3, chapters 3 and 4 provide authority for a court to appoint a Juvenile Referee to hear Juvenile and/or CHINS cases, protective orders and other related matters assigned by a Court. IC 31-31-3-1 through 6 deal with judicial districts larger than 50,000 in population. I.C. 31-31-4-1 concerns judicial districts with a population of less than 50,000. At this time the Daviess County Indiana’s population is less than 50,000 being approximately 31,000 according to the most recent census. Indiana Code 31-31-4-2 provides: “The judge of a juvenile court may appoint one (1) or more part-time juvenile ‘ court referees.” In addition, Indiana Rules of Trial Procedure, Small Claims Rule 14 provides: “In any Circuit Court exercising Small Claims jurisdiction, the circuit Judge may appoint a Referee to assist the Court in performing the “county court functions.” Such referee shall be an attorney admitted to practice in Indiana and shall serve at the pleasure of the circuit Judge. The referee shall have such authority as the circuit Judge shall assign by Order. The referee shall be a finder of fact - the decision rendered will be that of the Circuit Judge.” The Referee / Commissioner shall also preside over small claims cases filed in the Daviess Circuit Court pursuant to Local Rule LR14-AR00-3.1. Page 2 of 4 FUNDING: The funding of the position shall be as approved by the Daviess County Council in the Daviess Circuit Court budget from the county general fund. The Commissioner\Referee shall have as a part of his duties the‘obligation of seeking reimbursement, including the filing of all appropriate and necessary claims or'budgets with the appropriate agency, in order to obtain reimbursement from Title IV D incentive monies as provided by law. ASSISTANCE FOR DAVIESS SUPERIOR COURT: Additionally, the Referee/Commissioner position may be called upon and appointed to assist the Judges of the Circuit or Superior Court as a hearing officer for other matters, including collection matters, infractions and/or ordinance violations, criminal initial hearings, pre-trials, change of plea hearings and/or sentencing hearings in the capacity as Referee/Commissioner, Judge pro-temp. or as Temporary Judge as determined by the Judges of the Circuit and Superior Courts in assisting each court or per the assignment of cases as provided by Local Rules. Per I.C. 33-29—3-1 and I.C. 33-33-14-2 and I.C. 31-29-5-4 (5) IT IS FURTHER ORDERED that the Referee / Commissioner of the Daviess Circuit Court shall have the same powers and duties of a Magistrate as set forth in Ind. Code § 33-23-5-5, including, but not limited to those set forth in Ind. Code § 33-23-5-8. In addition to the above powers and duties the Referee / Commissioner shall have general powers to: 1. administer an oath or affirmation required by law; 2. solemnize a marriage; 3. take and certify an affidavit or deposition; 4. order that a subpoena be issued in a matter pending before a court; 5. compel the attendance of a witness; 6. punish contempt; 7. issue a warrant; 8. set bail; 9. enforce court rules; 10. conduct a preliminary, initial, omnibus, or other pretrial hearing; 11. conduct an evidentiary hearing or trial; 12. receive a jury‘s verdict; l3. verify a certificate for the authentication of records or a proceeding conducted by the Referee / Commissioner; l4. enter a final order, Conduct a sentencing hearing, and impose a sentence on a person convicted of a criminal offense as described in Ind. Code § 33-23-5-9-(b); 15. enter a final order or judgment in any proceeding involving matters specified in Ind. Code § 33-29-2-4 (jurisdiction of small claims docket) or Ind. Code § 34-26-5 (protective orders to prevent domestic or family violence or harassment). 16. approve and accept criminal plea agreements; 17. approve agreed settlements concerning civil matters; 18. Approve decrees of dissolution, settlement agreements, and any other agreements of Page 3 of 4 the parties in domestic relations actions or paternity actions. ALL OF WHICH IS SO ORDERED, this 20 th day of January, 2022. Horffireggfily AV/Slmith, Judge Daviess Circuit Court CERTIFICATION AND RATIFICATION I, Gregory A. Smith, Judge of the Circuit Court of Daviess County, hereby certify that I did appoint MICHAEL D. CHESTNUT, a competent attorney in active and good standing admitted to practice by the Supreme Court of Indiana to serve as the Referee / Commissioner of the Daviess Circuit Court effective January 1, 2013 and following his resignation effective December 31, 2020 I did then appoint TONYA R. HOSFORD, a competent attorney active and in good standing admitted to practice by the Supreme Court of Indiana and residing in Daviess County, Indiana to serve as Referee / Commissioner of the Daviess Circuit Court beginning January 16, 2021 and to continue to serve at the pleasure of the Judge of the Daviess Circuit Court. The Court does hereby ratify and adopt all Orders and Judgments entered by said Referee / Commissioners of the Daviess Circuit Court entered in any case as part of their assigned duties. WITNESS my hand and seal on January 20, 20% Hon. GreéfiyflSmithJJudge Daviess Circuit Court Page 4 of 4