State v. Monfort

BOEHM, Justice.

We hold that the legislature may constitutionally abolish a court of general jurisdiction in this state, but, because of the separation of powers among the three branches of government, that action cannot be effective before the expiration of the term of the current judge.

Factual and Procedural Background

In 1995, the General Assembly passed an omnibus bill that, among other things, abolished Jasper Superior Court No. 2. See Pub.L. No. 18-1995, §§ 17, 44-55, 125-26, 1995 Ind. Acts 1587, 1597-99, 1640. 1 Jas per Superior No. 2 had been created by the legislature in 1990 as a…