Indiana 2025 Regular Session

Indiana House Bill HB1533 Compare Versions

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22 Introduced Version
33 HOUSE BILL No. 1533
44 _____
55 DIGEST OF INTRODUCED BILL
66 Citations Affected: IC 3-11-2-10.1; IC 33-33-49-35.
77 Synopsis: Marion County judges. Establishes a procedure to remove
88 a judge appointed to the Marion superior court by public question.
99 Effective: July 1, 2025.
1010 Ireland, Bascom
1111 January 21, 2025, read first time and referred to Committee on Courts and Criminal Code.
1212 2025 IN 1533—LS 6824/DI 149 Introduced
1313 First Regular Session of the 124th General Assembly (2025)
1414 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
1515 Constitution) is being amended, the text of the existing provision will appear in this style type,
1616 additions will appear in this style type, and deletions will appear in this style type.
1717 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
1818 provision adopted), the text of the new provision will appear in this style type. Also, the
1919 word NEW will appear in that style type in the introductory clause of each SECTION that adds
2020 a new provision to the Indiana Code or the Indiana Constitution.
2121 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
2222 between statutes enacted by the 2024 Regular Session of the General Assembly.
2323 HOUSE BILL No. 1533
2424 A BILL FOR AN ACT to amend the Indiana Code concerning
2525 courts and court officers.
2626 Be it enacted by the General Assembly of the State of Indiana:
2727 1 SECTION 1. IC 3-11-2-10.1, AS ADDED BY P.L.245-2017,
2828 2 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2929 3 JULY 1, 2025]: Sec. 10.1. (a) This section applies only to a public
3030 4 question concerning:
3131 5 (1) the retention in office; or
3232 6 (2) the removal from office;
3333 7 of a judge of the Marion superior court under IC 33-33-49.
3434 8 (b) The question of the retention or removal of the judge at the
3535 9 general election shall be placed on the ballot at the same row or column
3636 10 level of the ballot at which the question of other judges is placed on the
3737 11 ballot but in a column or row in which independent candidates are
3838 12 placed on the ballot.
3939 13 (c) If the question of the retention of more than one (1) judge is
4040 14 placed on a ballot, the judges shall be placed on the ballot in
4141 15 alphabetical order according to surname.
4242 16 (d) The question of retention of any judge to be placed on the
4343 17 ballot shall appear first and the question of removal of any judge
4444 2025 IN 1533—LS 6824/DI 149 2
4545 1 shall be placed after all questions of retention. If the question of the
4646 2 removal of more than one (1) judge is placed on a ballot, the judges
4747 3 shall be placed on the ballot in alphabetical order according to
4848 4 surname.
4949 5 SECTION 2. IC 33-33-49-35 IS ADDED TO THE INDIANA
5050 6 CODE AS A NEW SECTION TO READ AS FOLLOWS
5151 7 [EFFECTIVE JULY 1, 2025]: Sec. 35. (a) This section applies only
5252 8 to a public question concerning the removal from office of a judge
5353 9 of the Marion superior court appointed under this chapter.
5454 10 (b) The removal of a sitting judge of the court may be approved
5555 11 by the electorate of Marion County at a general election in
5656 12 accordance with this section.
5757 13 (c) The Marion County election board shall place the public
5858 14 question on the ballot under this section following the filing of a
5959 15 petition with the circuit court clerk that:
6060 16 (1) complies with the requirements of IC 3-10-9;
6161 17 (2) is signed by at least the number of registered voters in
6262 18 Marion County required under IC 3-8-6-3 to place a
6363 19 candidate on the ballot; and
6464 20 (3) requests that the public question concerning the removal
6565 21 of the specific judge be placed on the ballot.
6666 22 (d) A public question under this section shall be placed on the
6767 23 ballot in accordance with IC 3-10-9 and must be certified in
6868 24 accordance with IC 3-10-9-3.
6969 25 (e) The question of the judge's removal shall be placed on the
7070 26 general election ballot in the form prescribed by IC 3-11-2 and
7171 27 must state:
7272 28 "Shall Judge (insert here the name of the judge) be removed
7373 29 from office?".
7474 30 (f) If a majority of the ballots cast by the electors voting on the
7575 31 question is "No", the judge whose name appears on the question
7676 32 shall continue in office. If a majority of the ballots cast by the
7777 33 electors voting on the question is "Yes", the following apply:
7878 34 (1) The office of the removed judge becomes vacant on
7979 35 January 1 following the general election.
8080 36 (2) The vacancy shall be filled in accordance with this chapter.
8181 2025 IN 1533—LS 6824/DI 149