Indiana 2024 Regular Session

Indiana Senate Bill SB0025 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	SENATE BILL No. 25
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 3-5-2-5.9; IC 3-8-7-16; IC 3-13-6-1;
7	7	IC 5-8-1-19; IC 33-23-1-7; IC 33-29-1.9; IC 33-33-45.
8	8	Synopsis: Election of Lake County superior court judges. Provides
9	9	that the superior court judges of Lake County are elected as are other
10	10	superior court judges. Provides that the change to the election of a
11	11	judge does not occur until the general election that occurs immediately
12	12	before the expiration of the term of a judge sitting on the court under
13	13	current law. Repeals superseded provisions.
14	14	Effective: July 1, 2024.
15	15	Randolph Lonnie M
16	16	January 8, 2024, read first time and referred to Committee on Elections.
17	17	2024 IN 25—LS 6024/DI 149 Introduced
18	18	Second Regular Session of the 123rd General Assembly (2024)
19	19	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
20	20	Constitution) is being amended, the text of the existing provision will appear in this style type,
21	21	additions will appear in this style type, and deletions will appear in this style type.
22	22	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
23	23	provision adopted), the text of the new provision will appear in this style type. Also, the
24	24	word NEW will appear in that style type in the introductory clause of each SECTION that adds
25	25	a new provision to the Indiana Code or the Indiana Constitution.
26	26	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
27	27	between statutes enacted by the 2023 Regular Session of the General Assembly.
28	28	SENATE BILL No. 25
29	29	A BILL FOR AN ACT to amend the Indiana Code concerning
30	30	courts and court officers.
31	31	Be it enacted by the General Assembly of the State of Indiana:
32	32	1 SECTION 1. IC 3-5-2-5.9, AS ADDED BY P.L.227-2023,
33	33	2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
34	34	3 JULY 1, 2024]: Sec. 5.9. "Candidacy document" refers to any of the
35	35	4 following:
36	36	5 (1) A declaration of intent to be a write-in candidate.
37	37	6 (2) A declaration of candidacy.
38	38	7 (3) A consent to the nomination.
39	39	8 (4) A consent to become a candidate.
40	40	9 (5) A certificate of candidate selection.
41	41	10 (6) A consent filed under IC 3-13-2-7.
42	42	11 (7) A statement filed under IC 33-24-2, IC 33-25-2,
43	43	12 IC 33-33-45-42, IC 33-33-49-13.3, or IC 33-33-71-43.
44	44	13 SECTION 2. IC 3-8-7-16, AS AMENDED BY P.L.193-2021,
45	45	14 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
46	46	15 JULY 1, 2024]: Sec. 16. (a) This section does not apply to the
47	47	16 certification of nominees under IC 3-10-4-5.
48	48	17 (b) The election division shall certify the following to each county
49	49	2024 IN 25—LS 6024/DI 149 2
50	50	1 election board not later than noon seventy-four (74) days before a
51	51	2 general election:
52	52	3 (1) The name and place of residence of each person nominated for
53	53	4 election to:
54	54	5 (A) an office for which the electorate of the whole state may
55	55	6 vote;
56	56	7 (B) the United States House of Representatives;
57	57	8 (C) a legislative office; or
58	58	9 (D) a local office for which a declaration of candidacy must be
59	59	10 filed with the election division under IC 3-8-2.
60	60	11 (2) The name of each:
61	61	12 (A) justice of the supreme court;
62	62	13 (B) judge of the court of appeals;
63	63	14 (C) judge of the tax court; and
64	64	15 (D) judge of a circuit or superior court;
65	65	16 who is subject to a retention vote by the electorate and who has
66	66	17 filed a statement under IC 33-24-2, IC 33-25-2, IC 33-33-45,
67	67	18 IC 33-33-49, or IC 33-33-71 indicating that the justice or judge
68	68	19 wishes to have the question of the justice's or judge's retention
69	69	20 placed on the ballot.
70	70	21 (c) Subject to compliance with section 11 of this chapter, the
71	71	22 election division shall designate the device under which the list of
72	72	23 candidates of each political party will be printed and the order in which
73	73	24 the political party ticket will be arranged under IC 3-10-4-2 and
74	74	25 IC 3-11-2-6.
75	75	26 SECTION 3. IC 3-13-6-1, AS AMENDED BY P.L.278-2019,
76	76	27 SECTION 156, IS AMENDED TO READ AS FOLLOWS
77	77	28 [EFFECTIVE JULY 1, 2024]: Sec. 1. (a) As used in this section,
78	78	29 "judge" refers to a judge of a circuit, superior, or probate court.
79	79	30 (b) If a judge wants to resign from office, the judge must resign as
80	80	31 provided in IC 5-8-3.5.
81	81	32 (c) A vacancy that occurs because of the death of a judge may be
82	82	33 certified to the governor under IC 5-8-6.
83	83	34 (d) A vacancy that occurs, other than by resignation or death of a
84	84	35 judge, shall be certified to the governor by the circuit court clerk of the
85	85	36 county in which the judge resided.
86	86	37 (e) A vacancy in the office of judge of a circuit court shall be filled
87	87	38 by the governor as provided by Article 5, Section 18 of the Constitution
88	88	39 of the State of Indiana. However, the governor may not fill a vacancy
89	89	40 that occurs because of the death of a judge until the governor receives
90	90	41 notice of the death under IC 5-8-6.
91	91	42 (f) The person who is appointed holds the office until:
92	92	2024 IN 25—LS 6024/DI 149 3
93	93	1 (1) the end of the unexpired term; or
94	94	2 (2) a successor is elected at the next general election for the
95	95	3 office, and qualified;
96	96	4 whichever occurs first.
97	97	5 (g) Except in a year in which the office is scheduled to be placed on
98	98	6 the ballot, and except as provided in this subsection, the office of judge
99	99	7 of the circuit court shall be elected at the next general election
100	100	8 following the date any vacancy occurred. If a vacancy occurs in the
101	101	9 office of judge of the circuit court after noon seventy-four (74) days
102	102	10 before a general election, the office shall be elected at the second
103	103	11 general election following the date any vacancy occurred.
104	104	12 (h) The person elected at the general election following an
105	105	13 appointment to fill the vacancy, upon being qualified, holds office for
106	106	14 the six (6) year term prescribed by Article 7, Section 7 of the
107	107	15 Constitution of the State of Indiana and until a successor is elected and
108	108	16 qualified.
109	109	17 (i) A vacancy in the office of judge of a superior or probate court
110	110	18 shall be filled by the governor subject to the following:
111	111	19 (1) IC 33-33-2-39.
112	112	20 (2) IC 33-33-2-43.
113	113	21 (3) IC 33-33-45-38.
114	114	22 (4) (3) IC 33-33-71-40.
115	115	23 (5) (4) IC 33-33-49-13.4.
116	116	24 However, the governor may not fill a vacancy that occurs because of
117	117	25 the death of a judge until the governor receives notice of the death
118	118	26 under IC 5-8-6. The person who is appointed holds office for the
119	119	27 remainder of the unexpired term.
120	120	28 SECTION 4. IC 5-8-1-19, AS AMENDED BY P.L.201-2011,
121	121	29 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
122	122	30 JULY 1, 2024]: Sec. 19. (a) Under Article 7, Section 13 of the
123	123	31 Constitution of the State of Indiana, whenever a circuit, superior, or
124	124	32 probate court judge or prosecuting attorney has been convicted of
125	125	33 corruption or any other high crime, the attorney general shall bring
126	126	34 proceedings in the supreme court, on information, in the name of the
127	127	35 state, for the removal from office of the judge or prosecuting attorney.
128	128	36 (b) If the judgment is against the defendant, the defendant is
129	129	37 removed from office. The governor, the officer, or the entity required
130	130	38 to fill a vacancy under IC 3-13-6-2 shall, subject to:
131	131	39 (1) IC 33-33-2-39;
132	132	40 (2) IC 33-33-2-43; and
133	133	41 (3) IC 33-33-45-38; and
134	134	42 (4) (3) IC 33-33-71-40;
135	135	2024 IN 25—LS 6024/DI 149 4
136	136	1 appoint or select a successor to fill the vacancy in office.
137	137	2 SECTION 5. IC 33-23-1-7 IS AMENDED TO READ AS
138	138	3 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 7. "Judicial nominating
139	139	4 commission", except as used in IC 33-33-2 IC 33-33-45, and
140	140	5 IC 33-33-71, means the commission described in Article 7, Section 9
141	141	6 of the Constitution of the State of Indiana.
142	142	7 SECTION 6. IC 33-29-1.9 IS ADDED TO THE INDIANA CODE
143	143	8 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
144	144	9 JULY 1, 2024]:
145	145	10 Chapter 1.9. Transition to Election of Judges
146	146	11 Sec. 1. (a) As used in this section, "judge" refers to an individual
147	147	12 who holds the office of judge of the Lake County superior court on
148	148	13 June 30, 2024.
149	149	14 (b) Notwithstanding the amendment and repeal of provisions in
150	150	15 IC 33-33-45 relating to the election of Lake County superior court
151	151	16 judges by legislation enacted during the 2024 session of the general
152	152	17 assembly, the term of a judge does not terminate until the date that
153	153	18 the term of the judge would have terminated under IC 33-33-45, as
154	154	19 in effect on June 30, 2024.
155	155	20 (c) The initial election under IC 33-33-45, as in effect after June
156	156	21 30, 2024, to fill a judge's position on the Lake County superior
157	157	22 court is the general election immediately preceding the date on
158	158	23 which the term of the judge occupying the position on June 30,
159	159	24 2024, would have terminated under IC 33-33-45, as in effect on
160	160	25 June 30, 2024.
161	161	26 Sec. 2. This chapter expires July 1, 2031.
162	162	27 SECTION 7. IC 33-33-45-3 IS AMENDED TO READ AS
163	163	28 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 3. (a) There is
164	164	29 established a superior court in Lake County (referred to as "the court"
165	165	30 in this chapter).
166	166	31 (b) The court consists of the following:
167	167	32 (1) Sixteen (16) judges, each of whom shall be elected at a
168	168	33 general election every six (6) years in Lake County.
169	169	34 (2) The Lake County circuit court judge, if the circuit court
170	170	35 judge chooses to sit on the Lake County superior court.
171	171	36 (c) The term of a judge described in subsection (b)(1) begins
172	172	37 January 1 following the judge's election and extends through
173	173	38 December 31 following the election of the judge's successor.
174	174	39 (d) To be eligible to hold office as a judge of the court, an
175	175	40 individual must be:
176	176	41 (1) a resident of Lake County; and
177	177	42 (2) admitted to the practice of law in Indiana.
178	178	2024 IN 25—LS 6024/DI 149 5
179	179	1 (e) A candidate for judge shall be nominated as candidates for
180	180	2 judge of other superior courts are nominated under IC 3-8.
181	181	3 SECTION 8. IC 33-33-45-21, AS AMENDED BY P.L.201-2011,
182	182	4 SECTION 60, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
183	183	5 JULY 1, 2024]: Sec. 21. (a) The court is divided into civil (including
184	184	6 probate), criminal, county, and juvenile divisions. The work of the
185	185	7 court shall be divided among the divisions by the rules of the court.
186	186	8 (b) Seven (7) judges comprise the civil division. Four (4) judges
187	187	9 comprise the criminal division. Four (4) judges comprise the county
188	188	10 division. One (1) judge comprises the juvenile division. However, the
189	189	11 court by rule may alter the number of judges assigned to a division of
190	190	12 the court if the court determines that the change is necessary for the
191	191	13 efficient operation of the court.
192	192	14 (c) The court by rule may reassign a judge of the court from one (1)
193	193	15 division to another if the court determines that the change is necessary
194	194	16 for the efficient operation of the court. The court by rule may establish
195	195	17 a rotation schedule providing for the rotation of judges through the
196	196	18 various divisions. The rotation schedule may be used if the court
197	197	19 determines that an emergency exists. However, a senior judge of any
198	198	20 division may not be reassigned or rotated to another division under this
199	199	21 subsection.
200	200	22 (d) The chief judge of the court may assign a judge in one (1)
201	201	23 division of the court to hear a case originating in another division of the
202	202	24 court, and may reassign cases from one (1) judge to another, if the chief
203	203	25 judge determines that the change is necessary for the efficient operation
204	204	26 of the court.
205	205	27 (e) A judge of a division of the court who has not been appointed to
206	206	28 the court under section 38 of this chapter is not eligible to be
207	207	29 reassigned, rotated, or transferred to the other divisions of the court.
208	208	30 However, a judge of a division of the court who has not been appointed
209	209	31 to the court under section 38 of this chapter may apply to fill a vacancy
210	210	32 in another division of the court through appointment as provided under
211	211	33 this chapter.
212	212	34 SECTION 9. IC 33-33-45-25 IS REPEALED [EFFECTIVE JULY
213	213	35 1, 2024]. Sec. 25. (a) At the general election immediately preceding the
214	214	36 expiration of a judge's extended term, the question of that judge's
215	215	37 retention in office or rejection shall be submitted to the electorate of
216	216	38 Lake County under section 42 of this chapter. Thereafter, unless
217	217	39 rejected by the electorate, each judge shall serve successive terms as
218	218	40 provided in section 41(b) of this chapter.
219	219	41 (b) A judge of the county division serving on June 30, 2011, is
220	220	42 subject to the question of the judge's retention in office or rejection as
221	221	2024 IN 25—LS 6024/DI 149 6
222	222	1 provided in subsection (a) at the expiration of the judge's term of office
223	223	2 under the law in effect on June 30, 2011.
224	224	3 SECTION 10. IC 33-33-45-26 IS REPEALED [EFFECTIVE JULY
225	225	4 1, 2024]. Sec. 26. The superior court of Lake County consists of sixteen
226	226	5 (16) judges plus the Lake circuit court judge if the circuit court judge
227	227	6 chooses to sit on the superior court of Lake County.
228	228	7 SECTION 11. IC 33-33-45-27 IS REPEALED [EFFECTIVE JULY
229	229	8 1, 2024]. Sec. 27. (a) There is established a judicial nominating
230	230	9 commission for the superior court of Lake County, the functions,
231	231	10 responsibilities, and procedures of which are set forth in sections 28
232	232	11 through 37 of this chapter.
233	233	12 (b) The board of county commissioners of Lake County shall
234	234	13 provide all facilities, equipment, supplies, and services as may be
235	235	14 necessary for the administration of the duties imposed upon the
236	236	15 commission. The members of the commission shall serve without
237	237	16 compensation. However, the board of county commissioners of Lake
238	238	17 County shall reimburse members of the commission for actual
239	239	18 expenses incurred in performing their duties.
240	240	19 SECTION 12. IC 33-33-45-28 IS REPEALED [EFFECTIVE JULY
241	241	20 1, 2024]. Sec. 28. (a) The judicial nominating commission (referred to
242	242	21 in this chapter as the commission) consists of seven (7) voting
243	243	22 members, the majority of whom form a quorum. The chief justice of
244	244	23 Indiana or the chief justice's designee serves ex officio as a voting
245	245	24 member only to resolve tie votes and as the chairperson of the
246	246	25 commission.
247	247	26 (b) The:
248	248	27 (1) governor shall appoint three (3) members to the commission:
249	249	28 (A) one (1) of whom must be an attorney;
250	250	29 (B) one (1) of whom must be a nonattorney who has never
251	251	30 been licensed to practice law; and
252	252	31 (C) one (1) of whom must be a woman; and
253	253	32 (2) Lake County board of commissioners shall appoint three (3)
254	254	33 members to the commission:
255	255	34 (A) one (1) of whom must be an attorney;
256	256	35 (B) one (1) of whom must be a nonattorney who has never
257	257	36 been licensed to practice law; and
258	258	37 (C) one (1) of whom must be an individual from a minority
259	259	38 group (as defined in IC 5-28-20-5).
260	260	39 The appointees must reside in Lake County, have no prior felony
261	261	40 conviction, and reflect the composition of the community. If the Lake
262	262	41 County board of commissioners fails to appoint any commission
263	263	42 members within the time required to do so in section 29 of this chapter,
264	264	2024 IN 25—LS 6024/DI 149 7
265	265	1 the appointment shall be made by the chairperson of the commission.
266	266	2 The chairperson of the commission shall have standing to dispute the
267	267	3 validity of an appointed member.
268	268	4 (c) A member of the commission, other than a judge or justice, may
269	269	5 not hold any other elected public office. A member may not hold an
270	270	6 office in a political party or organization.
271	271	7 (d) A member of the commission is not eligible for appointment to
272	272	8 a judicial office in Lake County if the member is a member of the
273	273	9 commission and for three (3) years thereafter.
274	274	10 (e) Except for the chief justice of Indiana or the chief justice's
275	275	11 designee, if any voting member of the commission terminates the
276	276	12 member's residence in Lake County, the member is considered to have
277	277	13 resigned from the commission.
278	278	14 SECTION 13. IC 33-33-45-29 IS REPEALED [EFFECTIVE JULY
279	279	15 1, 2024]. Sec. 29. (a) The Lake County board of commissioners shall
280	280	16 appoint three (3) members of the commission.
281	281	17 (b) One (1) month before the expiration of a term of office of a
282	282	18 commissioner appointed by the Lake County board of commissioners,
283	283	19 an appointment or reappointment shall be made in accordance with
284	284	20 section 28 of this chapter. All appointments made by the Lake County
285	285	21 board of commissioners shall be certified to the secretary of state, the
286	286	22 clerk of the supreme court, and the clerk of Lake circuit court within
287	287	23 ten (10) days after the appointment.
288	288	24 (c) Each member appointed by the Lake County board of
289	289	25 commissioners shall be appointed for a term of four (4) years.
290	290	26 (d) Whenever a vacancy occurs in the office of a commissioner
291	291	27 appointed by the Lake County board of commissioners, the chairperson
292	292	28 of the commission shall promptly notify the Lake County board of
293	293	29 commissioners in writing of such fact. Vacancies in the office of
294	294	30 commissioners appointed by the Lake County board of commissioners
295	295	31 shall be filled by appointment of the Lake County board of
296	296	32 commissioners within sixty (60) days after notice of the vacancy is
297	297	33 received. The term of the commissioner appointed by the Lake County
298	298	34 board of commissioners is for the unexpired term of the member whose
299	299	35 vacancy the new member has filled.
300	300	36 SECTION 14. IC 33-33-45-32 IS REPEALED [EFFECTIVE JULY
301	301	37 1, 2024]. Sec. 32. After the voting members of the commission have
302	302	38 been appointed by the governor and the voting members of the
303	303	39 commission appointed by the Lake County board of commissioners
304	304	40 have been certified to the secretary of state, clerk of the supreme court,
305	305	41 and clerk of the Lake circuit court as this chapter provides, the clerk of
306	306	42 the Lake circuit court shall by regular mail notify the members of the
307	307	2024 IN 25—LS 6024/DI 149 8
308	308	1 commission of their election or appointment and shall notify the
309	309	2 chairperson of the judicial nominating commission of the same.
310	310	3 SECTION 15. IC 33-33-45-33 IS REPEALED [EFFECTIVE JULY
311	311	4 1, 2024]. Sec. 33. A member of the judicial nominating commission
312	312	5 may serve until the member's successor is appointed. A voting member
313	313	6 of the commission is not eligible for more than two (2) successive
314	314	7 reappointments.
315	315	8 SECTION 16. IC 33-33-45-34 IS REPEALED [EFFECTIVE JULY
316	316	9 1, 2024]. Sec. 34. (a) When a vacancy occurs in the superior court of
317	317	10 Lake County, the clerk of the court shall promptly notify the
318	318	11 chairperson and each member of the commission of the vacancy. The
319	319	12 chairperson shall call a meeting of the commission within ten (10) days
320	320	13 following the notice. The commission shall submit its nominations of
321	321	14 five (5) candidates for each vacancy and certify them to the governor
322	322	15 as promptly as possible, and not later than sixty (60) days after the
323	323	16 vacancy occurs. When it is known that a vacancy will occur at a
324	324	17 definite future date within the term of the governor then serving, but
325	325	18 the vacancy has not yet occurred, the clerk shall notify the chairperson
326	326	19 and each member of the commission immediately of the forthcoming
327	327	20 vacancy, and the commission may within fifty (50) days of the notice
328	328	21 of the vacancy make its nominations and submit to the governor the
329	329	22 names of five (5) persons nominated for the forthcoming vacancy.
330	330	23 (b) Meetings of the commission shall be called by its chairperson or,
331	331	24 if the chairperson fails to call a necessary meeting, upon the call of any
332	332	25 four (4) members of the commission. The chairperson, whenever the
333	333	26 chairperson considers a meeting necessary, or upon the request by any
334	334	27 four (4) members of the commission for a meeting, shall give each
335	335	28 member of the commission at least five (5) days written notice by mail
336	336	29 of the date, time, and place of every meeting unless the commission at
337	337	30 its previous meeting designated the date, time, and place of its next
338	338	31 meeting.
339	339	32 (c) Meetings of the commission are to be held at the Lake County
340	340	33 government center in Crown Point or another place, as the circuit court
341	341	34 clerk of Lake County may arrange, at the direction of the chairperson
342	342	35 of the commission.
343	343	36 (d) The commission may act only at a public meeting. IC 5-14-1.5
344	344	37 applies to meetings of the commission. The commission may not meet
345	345	38 in executive session under IC 5-14-1.5-6.1 for the consideration of a
346	346	39 candidate for judicial appointment.
347	347	40 (e) The commission may act only by the concurrence of a majority
348	348	41 of its voting members attending a meeting. Four (4) voting members
349	349	42 constitute a quorum at a meeting.
350	350	2024 IN 25—LS 6024/DI 149 9
351	351	1 (f) The commission may adopt reasonable and proper rules and
352	352	2 regulations for the conduct of its proceedings and the discharge of its
353	353	3 duties. These rules must provide for the receipt of public testimony
354	354	4 concerning the qualifications of candidates for nomination to the
355	355	5 governor.
356	356	6 SECTION 17. IC 33-33-45-35 IS REPEALED [EFFECTIVE JULY
357	357	7 1, 2024]. Sec. 35. In selecting the five (5) nominees to be submitted to
358	358	8 the governor, the commission shall comply with the following
359	359	9 requirements:
360	360	10 (1) The commission shall submit only the names of the five (5)
361	361	11 most highly qualified candidates from among all those eligible
362	362	12 individuals considered. To be eligible for nomination as a judge
363	363	13 of the superior court of Lake County, a person must be domiciled
364	364	14 in the county of Lake, a citizen of the United States, and admitted
365	365	15 to the practice of law in Indiana.
366	366	16 (2) In abiding by the mandate in subdivision (1), the commission
367	367	17 shall evaluate in writing each eligible individual on the following
368	368	18 factors:
369	369	19 (A) Law school record, including any academic honors and
370	370	20 achievements.
371	371	21 (B) Contribution to scholarly journals and publications,
372	372	22 legislative drafting, and legal briefs.
373	373	23 (C) Activities in public service, including:
374	374	24 (i) writings and speeches concerning public or civic affairs
375	375	25 that are on public record, including but not limited to
376	376	26 campaign speeches or writings, letters to newspapers, and
377	377	27 testimony before public agencies;
378	378	28 (ii) government service;
379	379	29 (iii) efforts and achievements in improving the
380	380	30 administration of justice; and
381	381	31 (iv) other conduct relating to the individual's profession.
382	382	32 (D) Legal experience, including the number of years of
383	383	33 practicing law, the kind of practice involved, and reputation as
384	384	34 a trial lawyer or judge.
385	385	35 (E) Probable judicial temperament.
386	386	36 (F) Physical condition, including age, stamina, and possible
387	387	37 habitual intemperance.
388	388	38 (G) Personality traits, including the exercise of sound
389	389	39 judgment, ability to compromise and conciliate, patience,
390	390	40 decisiveness, and dedication.
391	391	41 (H) Membership on boards of directors, financial interests, and
392	392	42 any other consideration that might create conflict of interest
393	393	2024 IN 25—LS 6024/DI 149 10
394	394	1 with a judicial office.
395	395	2 (I) Any other pertinent information that the commission feels
396	396	3 is important in selecting the best qualified individuals for
397	397	4 judicial office.
398	398	5 (3) These written evaluations shall not be made on an individual
399	399	6 until the individual states in writing that the individual desires to
400	400	7 hold a judicial office that is or will be created by vacancy.
401	401	8 (4) The political affiliations of any candidate may not be
402	402	9 considered by the commission in evaluating and determining
403	403	10 which eligible candidates shall be recommended to the governor
404	404	11 for a vacancy on the superior court of Lake County.
405	405	12 (5) In determining which eligible candidates are recommended to
406	406	13 the governor, the commission shall consider that racial and gender
407	407	14 diversity enhances the quality of the judiciary.
408	408	15 SECTION 18. IC 33-33-45-36 IS REPEALED [EFFECTIVE JULY
409	409	16 1, 2024]. Sec. 36. (a) The commission shall submit with the list of five
410	410	17 (5) nominees to the governor its written evaluation of the qualifications
411	411	18 of each candidate.
412	412	19 (b) The names of the nominees and the written evaluations are
413	413	20 public records that may be inspected and copied under IC 5-14-3.
414	414	21 (c) Every eligible candidate whose name was not submitted to the
415	415	22 governor shall have access to any evaluation on the candidate by the
416	416	23 commission and the right to make such evaluation public.
417	417	24 (d) Records specifically prepared for discussion or developed during
418	418	25 discussion in an executive session under IC 5-14-1.5-6.1 are excepted
419	419	26 from public disclosure, unless the records are prepared for use in the
420	420	27 consideration of a candidate for judicial appointment.
421	421	28 SECTION 19. IC 33-33-45-37 IS REPEALED [EFFECTIVE JULY
422	422	29 1, 2024]. Sec. 37. (a) After the commission has nominated and
423	423	30 submitted to the governor the names of five (5) persons for
424	424	31 appointment to fill a vacancy of the superior court of Lake County:
425	425	32 (1) any name may be withdrawn for cause considered by the
426	426	33 commission to be of a substantial nature affecting the nominee's
427	427	34 qualifications to hold office; and
428	428	35 (2) another name may be substituted;
429	429	36 before the appointment is made to fill the vacancy.
430	430	37 (b) If a nominee dies or requests in writing that the nominee's name
431	431	38 be withdrawn, the commission shall nominate another person to replace
432	432	39 the nominee.
433	433	40 (c) If two (2) or more vacancies exist, the commission shall
434	434	41 nominate and submit to the governor a list of five (5) different persons
435	435	42 for each of the vacancies. The commission may, before an appointment
436	436	2024 IN 25—LS 6024/DI 149 11
437	437	1 is made, withdraw the lists of nominations, change the names of any
438	438	2 persons nominated from one (1) list to another, and resubmit them as
439	439	3 changed, or may substitute a new name for any of those previously
440	440	4 nominated.
441	441	5 SECTION 20. IC 33-33-45-38 IS REPEALED [EFFECTIVE JULY
442	442	6 1, 2024]. Sec. 38. (a) A vacancy occurring on the court shall be filled
443	443	7 by appointment of the governor from a list of five (5) nominees
444	444	8 presented to the governor by the judicial nominating commission. If the
445	445	9 governor fails to make an appointment from the list within sixty (60)
446	446	10 days after the day it is presented to the governor, the appointment shall
447	447	11 be made by the chief justice or the acting chief justice of Indiana from
448	448	12 the same list, or altered list as provided for in section 37 of this chapter.
449	449	13 (b) The governor shall make all appointments to the court without
450	450	14 regard to the political affiliation of any of the five (5) nominees
451	451	15 submitted to the governor. In the interest of justice, the governor shall
452	452	16 consider only those qualifications of the nominees included in section
453	453	17 35 of this chapter.
454	454	18 SECTION 21. IC 33-33-45-40 IS REPEALED [EFFECTIVE JULY
455	455	19 1, 2024]. Sec. 40. An appointment by the governor or chief justice, as
456	456	20 required by section 38 of this chapter, to the superior court of Lake
457	457	21 County takes effect immediately if a vacancy exists at the date of the
458	458	22 appointment. The appointment takes effect on the date the vacancy is
459	459	23 created if a vacancy does not exist at the date of appointment.
460	460	24 SECTION 22. IC 33-33-45-41 IS REPEALED [EFFECTIVE JULY
461	461	25 1, 2024]. Sec. 41. (a) Each judge appointed under section 38 of this
462	462	26 chapter serves an initial term, which begins on the effective date of the
463	463	27 appointment of the judge and continues through December 31 in the
464	464	28 year of the general election that follows the expiration of two (2) years
465	465	29 after the effective date of the judge's appointment.
466	466	30 (b) Unless the judge:
467	467	31 (1) is rejected by the electorate of Lake County; or
468	468	32 (2) does not file the statement required;
469	469	33 under section 42 of this chapter, a judge of the superior court shall
470	470	34 serve successive six (6) year terms.
471	471	35 (c) Each six (6) year term begins on the first day of January
472	472	36 following the expiration of the preceding initial term or the preceding
473	473	37 six (6) year term, as the case may be, and continues for six (6) years.
474	474	38 SECTION 23. IC 33-33-45-42 IS REPEALED [EFFECTIVE JULY
475	475	39 1, 2024]. Sec. 42. (a) The question of the retention in office or rejection
476	476	40 of each judge of the superior court of Lake County shall be submitted
477	477	41 to the electorate of Lake County at the general election immediately
478	478	42 preceding expiration of the term of the judge.
479	479	2024 IN 25—LS 6024/DI 149 12
480	480	1 (b) At the general election, the question of the retention in office or
481	481	2 rejection of a judge described in subsection (a) shall be submitted to
482	482	3 the electorate of Lake County in the form prescribed by IC 3-11 and
483	483	4 must state "Shall Judge (insert name) of the superior court of Lake
484	484	5 County be retained in office for an additional term?".
485	485	6 (c) If a majority of the ballots cast by the electors voting on any
486	486	7 question is "Yes", the judge whose name appeared on the question shall
487	487	8 be approved for a six (6) year term beginning January 1 following the
488	488	9 general election as provided in section 41(b) of this chapter.
489	489	10 (d) If a majority of the ballots cast by the electors voting on any
490	490	11 question is "No", the judge whose name appeared on the question shall
491	491	12 be rejected. The office of the rejected judge is vacant on January 1
492	492	13 following the rejection. The vacancy shall be filled by appointment by
493	493	14 the governor under section 38 of this chapter.
494	494	15 (e) The Lake County election board shall submit the question of the
495	495	16 retention in office or rejection of a judge described in subsection (a) to
496	496	17 the electorate of Lake County. The submission of the question is
497	497	18 subject to the provisions of IC 3 that are not inconsistent with this
498	498	19 chapter.
499	499	20 (f) A judge who wishes to be retained in office shall file a statement
500	500	21 with the secretary of state, not later than noon July 15 of the year in
501	501	22 which the question of retention of the judge is to be placed on the
502	502	23 general election ballot, indicating that the judge wishes to have the
503	503	24 question of the judge's retention placed on the ballot. The judge's
504	504	25 statement must include a statement of the judge's name as:
505	505	26 (1) the judge wants the judge's name to appear on the ballot; and
506	506	27 (2) the candidate's name is permitted to appear on the ballot under
507	507	28 IC 3-5-7.
508	508	29 (g) If a judge does not file the statement required under subsection
509	509	30 (f), the question of that judge's retention in office or rejection shall not
510	510	31 be submitted to the electorate, and the office becomes vacant at the
511	511	32 expiration of the term.
512	512	33 SECTION 24. IC 33-33-45-44 IS REPEALED [EFFECTIVE JULY
513	513	34 1, 2024]. Sec. 44. (a) A judge of the superior court may not during a
514	514	35 term of office as judge of the superior court do any of the following:
515	515	36 (1) Engage in the practice of law.
516	516	37 (2) Run for elective office.
517	517	38 (3) Take part in any political campaign.
518	518	39 (b) Failure to comply with this section is sufficient cause for the
519	519	40 commission on judicial qualifications to recommend to the supreme
520	520	41 court that the judge be censured or removed.
521	521	42 (c) A political party may not directly or indirectly campaign for or
522	522	2024 IN 25—LS 6024/DI 149 13
523	523	1 against a judge subject to retention or rejection under this chapter.
524	524	2024 IN 25—LS 6024/DI 149