State Ex Rel. Smith v. Starke Circuit Court

PIYARNIK, Justice.

This cause is before us by virtue of relator’s petition for a writ of mandate and prohibition against respondents, the Starke Circuit Court and the Honorable Marvin D. McLaughlin as judge of that court. At the heart of this case is a question concerning the constitutionality of Ind. Code §§ 33-4-1-74.3 — 33-4-1-74.9 (Burns Supp. 1980). These statutes concern the appointment of a master commissioner by the circuit court judge, and the commissioner’s exercise of certain duties authorized by the sections in question. On July 21, 1980, this Court issued a temporary writ of…