1 | 1 | | |
---|
2 | 2 | | Introduced Version |
---|
3 | 3 | | HOUSE BILL No. 1533 |
---|
4 | 4 | | _____ |
---|
5 | 5 | | DIGEST OF INTRODUCED BILL |
---|
6 | 6 | | Citations Affected: IC 3-11-2-10.1; IC 33-33-49-35. |
---|
7 | 7 | | Synopsis: Marion County judges. Establishes a procedure to remove |
---|
8 | 8 | | a judge appointed to the Marion superior court by public question. |
---|
9 | 9 | | Effective: July 1, 2025. |
---|
10 | 10 | | Ireland, Bascom |
---|
11 | 11 | | January 21, 2025, read first time and referred to Committee on Courts and Criminal Code. |
---|
12 | 12 | | 2025 IN 1533—LS 6824/DI 149 Introduced |
---|
13 | 13 | | First Regular Session of the 124th General Assembly (2025) |
---|
14 | 14 | | PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana |
---|
15 | 15 | | Constitution) is being amended, the text of the existing provision will appear in this style type, |
---|
16 | 16 | | additions will appear in this style type, and deletions will appear in this style type. |
---|
17 | 17 | | Additions: Whenever a new statutory provision is being enacted (or a new constitutional |
---|
18 | 18 | | provision adopted), the text of the new provision will appear in this style type. Also, the |
---|
19 | 19 | | word NEW will appear in that style type in the introductory clause of each SECTION that adds |
---|
20 | 20 | | a new provision to the Indiana Code or the Indiana Constitution. |
---|
21 | 21 | | Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts |
---|
22 | 22 | | between statutes enacted by the 2024 Regular Session of the General Assembly. |
---|
23 | 23 | | HOUSE BILL No. 1533 |
---|
24 | 24 | | A BILL FOR AN ACT to amend the Indiana Code concerning |
---|
25 | 25 | | courts and court officers. |
---|
26 | 26 | | Be it enacted by the General Assembly of the State of Indiana: |
---|
27 | 27 | | 1 SECTION 1. IC 3-11-2-10.1, AS ADDED BY P.L.245-2017, |
---|
28 | 28 | | 2 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
29 | 29 | | 3 JULY 1, 2025]: Sec. 10.1. (a) This section applies only to a public |
---|
30 | 30 | | 4 question concerning: |
---|
31 | 31 | | 5 (1) the retention in office; or |
---|
32 | 32 | | 6 (2) the removal from office; |
---|
33 | 33 | | 7 of a judge of the Marion superior court under IC 33-33-49. |
---|
34 | 34 | | 8 (b) The question of the retention or removal of the judge at the |
---|
35 | 35 | | 9 general election shall be placed on the ballot at the same row or column |
---|
36 | 36 | | 10 level of the ballot at which the question of other judges is placed on the |
---|
37 | 37 | | 11 ballot but in a column or row in which independent candidates are |
---|
38 | 38 | | 12 placed on the ballot. |
---|
39 | 39 | | 13 (c) If the question of the retention of more than one (1) judge is |
---|
40 | 40 | | 14 placed on a ballot, the judges shall be placed on the ballot in |
---|
41 | 41 | | 15 alphabetical order according to surname. |
---|
42 | 42 | | 16 (d) The question of retention of any judge to be placed on the |
---|
43 | 43 | | 17 ballot shall appear first and the question of removal of any judge |
---|
44 | 44 | | 2025 IN 1533—LS 6824/DI 149 2 |
---|
45 | 45 | | 1 shall be placed after all questions of retention. If the question of the |
---|
46 | 46 | | 2 removal of more than one (1) judge is placed on a ballot, the judges |
---|
47 | 47 | | 3 shall be placed on the ballot in alphabetical order according to |
---|
48 | 48 | | 4 surname. |
---|
49 | 49 | | 5 SECTION 2. IC 33-33-49-35 IS ADDED TO THE INDIANA |
---|
50 | 50 | | 6 CODE AS A NEW SECTION TO READ AS FOLLOWS |
---|
51 | 51 | | 7 [EFFECTIVE JULY 1, 2025]: Sec. 35. (a) This section applies only |
---|
52 | 52 | | 8 to a public question concerning the removal from office of a judge |
---|
53 | 53 | | 9 of the Marion superior court appointed under this chapter. |
---|
54 | 54 | | 10 (b) The removal of a sitting judge of the court may be approved |
---|
55 | 55 | | 11 by the electorate of Marion County at a general election in |
---|
56 | 56 | | 12 accordance with this section. |
---|
57 | 57 | | 13 (c) The Marion County election board shall place the public |
---|
58 | 58 | | 14 question on the ballot under this section following the filing of a |
---|
59 | 59 | | 15 petition with the circuit court clerk that: |
---|
60 | 60 | | 16 (1) complies with the requirements of IC 3-10-9; |
---|
61 | 61 | | 17 (2) is signed by at least the number of registered voters in |
---|
62 | 62 | | 18 Marion County required under IC 3-8-6-3 to place a |
---|
63 | 63 | | 19 candidate on the ballot; and |
---|
64 | 64 | | 20 (3) requests that the public question concerning the removal |
---|
65 | 65 | | 21 of the specific judge be placed on the ballot. |
---|
66 | 66 | | 22 (d) A public question under this section shall be placed on the |
---|
67 | 67 | | 23 ballot in accordance with IC 3-10-9 and must be certified in |
---|
68 | 68 | | 24 accordance with IC 3-10-9-3. |
---|
69 | 69 | | 25 (e) The question of the judge's removal shall be placed on the |
---|
70 | 70 | | 26 general election ballot in the form prescribed by IC 3-11-2 and |
---|
71 | 71 | | 27 must state: |
---|
72 | 72 | | 28 "Shall Judge (insert here the name of the judge) be removed |
---|
73 | 73 | | 29 from office?". |
---|
74 | 74 | | 30 (f) If a majority of the ballots cast by the electors voting on the |
---|
75 | 75 | | 31 question is "No", the judge whose name appears on the question |
---|
76 | 76 | | 32 shall continue in office. If a majority of the ballots cast by the |
---|
77 | 77 | | 33 electors voting on the question is "Yes", the following apply: |
---|
78 | 78 | | 34 (1) The office of the removed judge becomes vacant on |
---|
79 | 79 | | 35 January 1 following the general election. |
---|
80 | 80 | | 36 (2) The vacancy shall be filled in accordance with this chapter. |
---|
81 | 81 | | 2025 IN 1533—LS 6824/DI 149 |
---|