Indiana § 33-33-49-13.4 - Judicial selection committee nomination procedure

§ 33-33-49-13.4. Judicial selection committee nomination procedure

Sec. 13.4. (a) When the committee learns that a vacancy exists or will exist on the court, the committee shall nominate five (5) candidates to the governor to fill the vacancy in accordance with this section.

(b) In making a nomination under this section or a recommendation concerning retention under section 13.7 of this chapter, the committee shall consider the following factors with respect to a candidate:

(1) Law school record, including any academic honors and achievements.

(2) Contribution to scholarly journals and publications, legislative drafting, and legal briefs.

(3) Activities in public service, including:

(A) writings and speeches concerning public or civic affairs that are on public record, including but not limited to campaign speeches or writing, letters to newspapers, and testimony before public agencies;

(B) efforts and achievements in improving the administration of justice; and

(C) other conduct relating to the individual's profession.

(4) Legal experience, including the number of years of practicing law, the kind of practice involved, and reputation as a trial lawyer or judge.

(5) Probable judicial temperament.

(6) Personality traits, including the exercise of sound judgment, ability to compromise and conciliate, patience, decisiveness, and dedication.

(7) Membership on boards of directors, financial interest, and any other consideration that might create conflict of interest with a judicial office.

(8) Any other pertinent information that the committee feels is important in selecting the best qualified individuals for judicial office.

(9) Information from the supreme court disciplinary commission or the commission on judicial qualifications regarding any disciplinary action pending or commenced before the commission, including but not limited to notices of inquiry, notices of investigation, filed charges, or resolutions. This information shall be received in executive session, is confidential, and is not subject to public access.

(c) As soon as practicable after the committee learns of a vacancy, the committee shall publicly announce that it is accepting applications from persons wishing to fill the vacancy. The committee shall determine the form and content of the application, establish a timetable for nominations, and schedule one (1) or more hearings to interview qualified applicants and select nominees to fill the vacancy. To the extent practicable, the committee shall endeavor to interview as many qualified applicants as possible. However, if a large number of applicants have applied to fill a vacancy, the committee may limit itself to interviewing only the most qualified applicants. The committee may conduct multiple interviews. At the conclusion of the interview process, the committee shall nominate five (5) of the most qualified candidates and forward their names to the governor, who shall, not later than sixty (60) days after the names of the candidates have been forwarded, appoint one (1) of the nominees as judge. If the committee is nominating candidates for more than one (1) vacancy within the same political party, the governor may appoint any of the nominated candidates to the vacancies. If the governor does not make an appointment within the sixty (60) day period described in this subsection, the chairperson of the committee shall appoint one (1) of the nominees as judge.

(d) In no event may more than fifty-two percent (52%) of the judges serving on the Marion superior court be members of the same political party.

As added by P.L.245-2017, SEC.11. Amended by P.L.76-2026, SEC.8.