Vaidik, C.J.
Case Summary
This case addresses the interaction between Indiana Trial Rule 76(B), which gives litigants the right to a change of judge, and Indiana Trial Rule 63(A), which requires a judge who hears evidence, if available, to make all rulings relating to that evidence.
In August 2012, after a hearing, Judge Ted Todd issued a final order addressing paternity, custody, child support, and other issues. R.A. (“Father”) appealed that order. While the appeal was pending, Father filed a modification petition and a request for a change of judge. Judge Todd granted Father’s change-of-judge request, and Judge James Morris (“Special Judge Morris”) assumed jurisdiction. When this Court resolved Father’s appeal, affirming in part, reversing in part, and remanding in part, a dispute arose over who would rule on the remanded issues—Judge Todd or Special Judge Morris. Special Judge Morris ultimately ruled that Trial Rule 63(A) required Judge Todd, who had since retired and taken senior-judge status, to rule on the remanded issues.
On appeal, Father contends that Trial Rules 76(B) and 63(A) conflict, and his right to a change of judge under Trial Rule 76(B) trumps Trial Rule 63(A)’s preference for the judge who heard the evidence. We conclude that the rules do not conflict; rather, they govern different aspects of Father’s case—Father’s change-of-judge request under Trial Rule 76(B) applies prospectively to his modification petition and Trial Rule 63(A) operates retroactively to ensure that the remanded issues are considered by the judge who heard the evidence, Judge Todd. We affirm.
….
In conclusion, we find that Trial Rule 76(B) and Trial Rule 63(A) do not conflict; rather, they govern different aspects of Father’s case—Father’s change-of-judge motion under Trial Rule 76(B) applies prospectively to allow Special Judge Morris to hear his modification petition, and Trial Rule 63(A) operates retroactively to ensure that the remanded issues are considered by the judge who heard the evidence, Judge Todd. [Footnote omitted.]
Affirmed.
RILEY, J., and MAY, J., concur.