Rule 63.Disability and unavailability of a judge

Trial Rule 63 deals with an ordinary but important gap: the judge who heard the evidence is not always the judge who finishes handling the case. Subdivision (A) sets the default — the judge who presided at trial or a hearing should, if available, be the one who rules on later motions and decisions tied to that evidence and that proceeding. If that judge is unavailable because of death, sickness, absence, or unwillingness to act, another judge regularly sitting in the circuit, or one assigned to the case, can step in and handle most of those duties. If the substitute judge decides they cannot rule on a matter without having presided at the original trial or hearing, or for any other reason, they may use their discretion to grant a new trial or hearing, in whole or in part. The successor judge documents that the original judge is unavailable through a court order, which can be entered at any time.

Subdivision (B) covers a different scenario: a judge who cannot perform the duties of the office at all, not just for one case. A judge who is or will become unable to serve — because of disability, military orders, or a similar reason — can petition the Supreme Court directly, with supporting proof, and the Court promptly considers it. Anyone else can also petition the Supreme Court, alleging that a judge is disabled or has failed, refused, or neglected to perform the job; that triggers a show-cause order to the judge, with at least ten days’ notice and an optional hearing. If the Supreme Court is satisfied that relief is warranted, it appoints a full-time judge pro tempore, who serves until the term ends, the office becomes vacant, or the original judge’s ability to return is established. A judge who wants to resume duties files a verified petition of their own, with proof, and may request a hearing; the Supreme Court can also require an already-petitioning judge to keep demonstrating continued inability to serve.

Subdivision (C) sets one qualification for any judge appointed under this rule or any other: the person has to be an attorney in good standing before the Indiana Supreme Court. Once appointed, qualified, and on file with the clerk, a judge pro tempore exercises the full authority of the regular judge, subject to the Supreme Court’s continuing oversight; if that person fails to qualify or fails to conduct the court’s business as required, the clerk notifies the Supreme Court, which can act as needed. Subdivision (D) sets pay: a Supreme Court-appointed judge pro tempore earns the same salary as the regular judge starting from the date of qualification, paid through the same claims process a regular judge would use, while a locally appointed judge pro tempore under subdivision (E) is paid $25 for each day or part of a day served, out of the county, city, or town general fund, without the office ever losing the compensation due the regular judge while that judge remains in office.

Subdivision (E) gives judges a more informal option for short absences: a judge who cannot attend court for any reason can appoint, in writing entered in the court’s records, a judge pro tempore to run the court while away. That appointee has the same authority as the regular judge for the length of the appointment, must meet the same attorney-in-good-standing qualification, and is paid the same $25-per-day rate. If the judge is unable to make that appointment personally, the court’s clerk, an assigned deputy clerk, or, if neither is available, any available county officer can make it instead.