Green v. State

PETITION FOR REHEARING

CHEZEM, Presiding Judge.

State petitions for rehearing 540 N.E.2d 130 and claims that we erred in our conclusion that Page was acting as commissioner and not as judge pro tempore and thus did not have authority to enter a final judgment.

The appointment of a judge pro tempore is governed by Ind.Rules of Procedure, Trial Rule 63 which reads in part:

(E) Judge Pro Tempore When Judge is Unable to Attend. A judge who is unable to attend and preside at his court for any cause may appoint in writing a judge pro tempore to conduct the business of this court during his absence. The…