Introduced Version
SENATE BILL No. 17
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 3-5-2-5.9; IC 3-8-7-16; IC 3-13-6-1;
IC 5-8-1-19; IC 33-23-1-7; IC 33-29-1.9; IC 33-33-45.
Synopsis: Election of Lake County superior court judges. Provides
that the superior court judges of Lake County are elected as are other
superior court judges. Provides that the change to the election of a
judge does not occur until the general election that occurs immediately
before the expiration of the term of a judge sitting on the court under
current law. Repeals superseded provisions.
Effective: July 1, 2025.
Randolph Lonnie M, Taylor G,
Pol Jr.
January 8, 2025, read first time and referred to Committee on Elections.
2025 IN 17—LS 6042/DI 149 Introduced
First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2024 Regular Session of the General Assembly.
SENATE BILL No. 17
A BILL FOR AN ACT to amend the Indiana Code concerning
courts and court officers.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 3-5-2-5.9, AS ADDED BY P.L.227-2023,
2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2025]: Sec. 5.9. "Candidacy document" refers to any of the
4 following:
5 (1) A declaration of intent to be a write-in candidate.
6 (2) A declaration of candidacy.
7 (3) A consent to the nomination.
8 (4) A consent to become a candidate.
9 (5) A certificate of candidate selection.
10 (6) A consent filed under IC 3-13-2-7.
11 (7) A statement filed under IC 33-24-2, IC 33-25-2,
12 IC 33-33-45-42, IC 33-33-49-13.3, or IC 33-33-71-43.
13 SECTION 2. IC 3-8-7-16, AS AMENDED BY P.L.193-2021,
14 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
15 JULY 1, 2025]: Sec. 16. (a) This section does not apply to the
16 certification of nominees under IC 3-10-4-5.
17 (b) The election division shall certify the following to each county
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1 election board not later than noon seventy-four (74) days before a
2 general election:
3 (1) The name and place of residence of each person nominated for
4 election to:
5 (A) an office for which the electorate of the whole state may
6 vote;
7 (B) the United States House of Representatives;
8 (C) a legislative office; or
9 (D) a local office for which a declaration of candidacy must be
10 filed with the election division under IC 3-8-2.
11 (2) The name of each:
12 (A) justice of the supreme court;
13 (B) judge of the court of appeals;
14 (C) judge of the tax court; and
15 (D) judge of a circuit or superior court;
16 who is subject to a retention vote by the electorate and who has
17 filed a statement under IC 33-24-2, IC 33-25-2, IC 33-33-45,
18 IC 33-33-49, or IC 33-33-71 indicating that the justice or judge
19 wishes to have the question of the justice's or judge's retention
20 placed on the ballot.
21 (c) Subject to compliance with section 11 of this chapter, the
22 election division shall designate the device under which the list of
23 candidates of each political party will be printed and the order in which
24 the political party ticket will be arranged under IC 3-10-4-2 and
25 IC 3-11-2-6.
26 SECTION 3. IC 3-13-6-1, AS AMENDED BY P.L.278-2019,
27 SECTION 156, IS AMENDED TO READ AS FOLLOWS
28 [EFFECTIVE JULY 1, 2025]: Sec. 1. (a) As used in this section,
29 "judge" refers to a judge of a circuit, superior, or probate court.
30 (b) If a judge wants to resign from office, the judge must resign as
31 provided in IC 5-8-3.5.
32 (c) A vacancy that occurs because of the death of a judge may be
33 certified to the governor under IC 5-8-6.
34 (d) A vacancy that occurs, other than by resignation or death of a
35 judge, shall be certified to the governor by the circuit court clerk of the
36 county in which the judge resided.
37 (e) A vacancy in the office of judge of a circuit court shall be filled
38 by the governor as provided by Article 5, Section 18 of the Constitution
39 of the State of Indiana. However, the governor may not fill a vacancy
40 that occurs because of the death of a judge until the governor receives
41 notice of the death under IC 5-8-6.
42 (f) The person who is appointed holds the office until:
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1 (1) the end of the unexpired term; or
2 (2) a successor is elected at the next general election for the
3 office, and qualified;
4 whichever occurs first.
5 (g) Except in a year in which the office is scheduled to be placed on
6 the ballot, and except as provided in this subsection, the office of judge
7 of the circuit court shall be elected at the next general election
8 following the date any vacancy occurred. If a vacancy occurs in the
9 office of judge of the circuit court after noon seventy-four (74) days
10 before a general election, the office shall be elected at the second
11 general election following the date any vacancy occurred.
12 (h) The person elected at the general election following an
13 appointment to fill the vacancy, upon being qualified, holds office for
14 the six (6) year term prescribed by Article 7, Section 7 of the
15 Constitution of the State of Indiana and until a successor is elected and
16 qualified.
17 (i) A vacancy in the office of judge of a superior or probate court
18 shall be filled by the governor subject to the following:
19 (1) IC 33-33-2-39.
20 (2) IC 33-33-2-43.
21 (3) IC 33-33-45-38.
22 (4) (3) IC 33-33-71-40.
23 (5) (4) IC 33-33-49-13.4.
24 However, the governor may not fill a vacancy that occurs because of
25 the death of a judge until the governor receives notice of the death
26 under IC 5-8-6. The person who is appointed holds office for the
27 remainder of the unexpired term.
28 SECTION 4. IC 5-8-1-19, AS AMENDED BY P.L.201-2011,
29 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
30 JULY 1, 2025]: Sec. 19. (a) Under Article 7, Section 13 of the
31 Constitution of the State of Indiana, whenever a circuit, superior, or
32 probate court judge or prosecuting attorney has been convicted of
33 corruption or any other high crime, the attorney general shall bring
34 proceedings in the supreme court, on information, in the name of the
35 state, for the removal from office of the judge or prosecuting attorney.
36 (b) If the judgment is against the defendant, the defendant is
37 removed from office. The governor, the officer, or the entity required
38 to fill a vacancy under IC 3-13-6-2 shall, subject to:
39 (1) IC 33-33-2-39;
40 (2) IC 33-33-2-43; and
41 (3) IC 33-33-45-38; and
42 (4) (3) IC 33-33-71-40;
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1 appoint or select a successor to fill the vacancy in office.
2 SECTION 5. IC 33-23-1-7 IS AMENDED TO READ AS
3 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 7. "Judicial nominating
4 commission", except as used in IC 33-33-2 IC 33-33-45, and
5 IC 33-33-71, means the commission described in Article 7, Section 9
6 of the Constitution of the State of Indiana.
7 SECTION 6. IC 33-29-1.9 IS ADDED TO THE INDIANA CODE
8 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
9 JULY 1, 2025]:
10 Chapter 1.9. Transition to Election of Judges
11 Sec. 1. (a) As used in this section, "judge" refers to an individual
12 who holds the office of judge of the Lake County superior court on
13 June 30, 2025.
14 (b) Notwithstanding the amendment and repeal of provisions in
15 IC 33-33-45 relating to the election of Lake County superior court
16 judges by legislation enacted during the 2025 session of the general
17 assembly, the term of a judge does not terminate until the date that
18 the term of the judge would have terminated under IC 33-33-45, as
19 in effect on June 30, 2025.
20 (c) The initial election under IC 33-33-45, as in effect after June
21 30, 2025, to fill a judge's position on the Lake County superior
22 court is the general election immediately preceding the date on
23 which the term of the judge occupying the position on June 30,
24 2025, would have terminated under IC 33-33-45, as in effect on
25 June 30, 2025.
26 Sec. 2. This chapter expires July 1, 2032.
27 SECTION 7. IC 33-33-45-3 IS AMENDED TO READ AS
28 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 3. (a) There is
29 established a superior court in Lake County (referred to as "the court"
30 in this chapter).
31 (b) The court consists of the following:
32 (1) Sixteen (16) judges, each of whom shall be elected at a
33 general election every six (6) years in Lake County.
34 (2) The Lake County circuit court judge, if the circuit court
35 judge chooses to sit on the Lake County superior court.
36 (c) The term of a judge described in subsection (b)(1) begins
37 January 1 following the judge's election and extends through
38 December 31 following the election of the judge's successor.
39 (d) To be eligible to hold office as a judge of the court, an
40 individual must be:
41 (1) a resident of Lake County; and
42 (2) admitted to the practice of law in Indiana.
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1 (e) A candidate for judge shall be nominated as candidates for
2 judge of other superior courts are nominated under IC 3-8.
3 SECTION 8. IC 33-33-45-21, AS AMENDED BY P.L.201-2011,
4 SECTION 60, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5 JULY 1, 2025]: Sec. 21. (a) The court is divided into civil (including
6 probate), criminal, county, and juvenile divisions. The work of the
7 court shall be divided among the divisions by the rules of the court.
8 (b) Seven (7) judges comprise the civil division. Four (4) judges
9 comprise the criminal division. Four (4) judges comprise the county
10 division. One (1) judge comprises the juvenile division. However, the
11 court by rule may alter the number of judges assigned to a division of
12 the court if the court determines that the change is necessary for the
13 efficient operation of the court.
14 (c) The court by rule may reassign a judge of the court from one (1)
15 division to another if the court determines that the change is necessary
16 for the efficient operation of the court. The court by rule may establish
17 a rotation schedule providing for the rotation of judges through the
18 various divisions. The rotation schedule may be used if the court
19 determines that an emergency exists. However, a senior judge of any
20 division may not be reassigned or rotated to another division under this
21 subsection.
22 (d) The chief judge of the court may assign a judge in one (1)
23 division of the court to hear a case originating in another division of the
24 court, and may reassign cases from one (1) judge to another, if the chief
25 judge determines that the change is necessary for the efficient operation
26 of the court.
27 (e) A judge of a division of the court who has not been appointed to
28 the court under section 38 of this chapter is not eligible to be
29 reassigned, rotated, or transferred to the other divisions of the court.
30 However, a judge of a division of the court who has not been appointed
31 to the court under section 38 of this chapter may apply to fill a vacancy
32 in another division of the court through appointment as provided under
33 this chapter.
34 SECTION 9. IC 33-33-45-25 IS REPEALED [EFFECTIVE JULY
35 1, 2025]. Sec. 25. (a) At the general election immediately preceding the
36 expiration of a judge's extended term, the question of that judge's
37 retention in office or rejection shall be submitted to the electorate of
38 Lake County under section 42 of this chapter. Thereafter, unless
39 rejected by the electorate, each judge shall serve successive terms as
40 provided in section 41(b) of this chapter.
41 (b) A judge of the county division serving on June 30, 2011, is
42 subject to the question of the judge's retention in office or rejection as
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1 provided in subsection (a) at the expiration of the judge's term of office
2 under the law in effect on June 30, 2011.
3 SECTION 10. IC 33-33-45-26 IS REPEALED [EFFECTIVE JULY
4 1, 2025]. Sec. 26. The superior court of Lake County consists of sixteen
5 (16) judges plus the Lake circuit court judge if the circuit court judge
6 chooses to sit on the superior court of Lake County.
7 SECTION 11. IC 33-33-45-27 IS REPEALED [EFFECTIVE JULY
8 1, 2025]. Sec. 27. (a) There is established a judicial nominating
9 commission for the superior court of Lake County, the functions,
10 responsibilities, and procedures of which are set forth in sections 28
11 through 37 of this chapter.
12 (b) The board of county commissioners of Lake County shall
13 provide all facilities, equipment, supplies, and services as may be
14 necessary for the administration of the duties imposed upon the
15 commission. The members of the commission shall serve without
16 compensation. However, the board of county commissioners of Lake
17 County shall reimburse members of the commission for actual
18 expenses incurred in performing their duties.
19 SECTION 12. IC 33-33-45-28 IS REPEALED [EFFECTIVE JULY
20 1, 2025]. Sec. 28. (a) The judicial nominating commission (referred to
21 in this chapter as the commission) consists of seven (7) voting
22 members, the majority of whom form a quorum. The chief justice of
23 Indiana or the chief justice's designee serves ex officio as a voting
24 member only to resolve tie votes and as the chairperson of the
25 commission.
26 (b) The:
27 (1) governor shall appoint three (3) members to the commission:
28 (A) one (1) of whom must be an attorney;
29 (B) one (1) of whom must be a nonattorney who has never
30 been licensed to practice law; and
31 (C) one (1) of whom must be a woman; and
32 (2) Lake County board of commissioners shall appoint three (3)
33 members to the commission:
34 (A) one (1) of whom must be an attorney;
35 (B) one (1) of whom must be a nonattorney who has never
36 been licensed to practice law; and
37 (C) one (1) of whom must be an individual from a minority
38 group (as defined in IC 5-28-20-5).
39 The appointees must reside in Lake County, have no prior felony
40 conviction, and reflect the composition of the community. If the Lake
41 County board of commissioners fails to appoint any commission
42 members within the time required to do so in section 29 of this chapter,
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1 the appointment shall be made by the chairperson of the commission.
2 The chairperson of the commission shall have standing to dispute the
3 validity of an appointed member.
4 (c) A member of the commission, other than a judge or justice, may
5 not hold any other elected public office. A member may not hold an
6 office in a political party or organization.
7 (d) A member of the commission is not eligible for appointment to
8 a judicial office in Lake County if the member is a member of the
9 commission and for three (3) years thereafter.
10 (e) Except for the chief justice of Indiana or the chief justice's
11 designee, if any voting member of the commission terminates the
12 member's residence in Lake County, the member is considered to have
13 resigned from the commission.
14 SECTION 13. IC 33-33-45-29 IS REPEALED [EFFECTIVE JULY
15 1, 2025]. Sec. 29. (a) The Lake County board of commissioners shall
16 appoint three (3) members of the commission.
17 (b) One (1) month before the expiration of a term of office of a
18 commissioner appointed by the Lake County board of commissioners,
19 an appointment or reappointment shall be made in accordance with
20 section 28 of this chapter. All appointments made by the Lake County
21 board of commissioners shall be certified to the secretary of state, the
22 clerk of the supreme court, and the clerk of Lake circuit court within
23 ten (10) days after the appointment.
24 (c) Each member appointed by the Lake County board of
25 commissioners shall be appointed for a term of four (4) years.
26 (d) Whenever a vacancy occurs in the office of a commissioner
27 appointed by the Lake County board of commissioners, the chairperson
28 of the commission shall promptly notify the Lake County board of
29 commissioners in writing of such fact. Vacancies in the office of
30 commissioners appointed by the Lake County board of commissioners
31 shall be filled by appointment of the Lake County board of
32 commissioners within sixty (60) days after notice of the vacancy is
33 received. The term of the commissioner appointed by the Lake County
34 board of commissioners is for the unexpired term of the member whose
35 vacancy the new member has filled.
36 SECTION 14. IC 33-33-45-32 IS REPEALED [EFFECTIVE JULY
37 1, 2025]. Sec. 32. After the voting members of the commission have
38 been appointed by the governor and the voting members of the
39 commission appointed by the Lake County board of commissioners
40 have been certified to the secretary of state, clerk of the supreme court,
41 and clerk of the Lake circuit court as this chapter provides, the clerk of
42 the Lake circuit court shall by regular mail notify the members of the
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1 commission of their election or appointment and shall notify the
2 chairperson of the judicial nominating commission of the same.
3 SECTION 15. IC 33-33-45-33 IS REPEALED [EFFECTIVE JULY
4 1, 2025]. Sec. 33. A member of the judicial nominating commission
5 may serve until the member's successor is appointed. A voting member
6 of the commission is not eligible for more than two (2) successive
7 reappointments.
8 SECTION 16. IC 33-33-45-34 IS REPEALED [EFFECTIVE JULY
9 1, 2025]. Sec. 34. (a) When a vacancy occurs in the superior court of
10 Lake County, the clerk of the court shall promptly notify the
11 chairperson and each member of the commission of the vacancy. The
12 chairperson shall call a meeting of the commission within ten (10) days
13 following the notice. The commission shall submit its nominations of
14 five (5) candidates for each vacancy and certify them to the governor
15 as promptly as possible, and not later than sixty (60) days after the
16 vacancy occurs. When it is known that a vacancy will occur at a
17 definite future date within the term of the governor then serving, but
18 the vacancy has not yet occurred, the clerk shall notify the chairperson
19 and each member of the commission immediately of the forthcoming
20 vacancy, and the commission may within fifty (50) days of the notice
21 of the vacancy make its nominations and submit to the governor the
22 names of five (5) persons nominated for the forthcoming vacancy.
23 (b) Meetings of the commission shall be called by its chairperson or,
24 if the chairperson fails to call a necessary meeting, upon the call of any
25 four (4) members of the commission. The chairperson, whenever the
26 chairperson considers a meeting necessary, or upon the request by any
27 four (4) members of the commission for a meeting, shall give each
28 member of the commission at least five (5) days written notice by mail
29 of the date, time, and place of every meeting unless the commission at
30 its previous meeting designated the date, time, and place of its next
31 meeting.
32 (c) Meetings of the commission are to be held at the Lake County
33 government center in Crown Point or another place, as the circuit court
34 clerk of Lake County may arrange, at the direction of the chairperson
35 of the commission.
36 (d) The commission may act only at a public meeting. IC 5-14-1.5
37 applies to meetings of the commission. The commission may not meet
38 in executive session under IC 5-14-1.5-6.1 for the consideration of a
39 candidate for judicial appointment.
40 (e) The commission may act only by the concurrence of a majority
41 of its voting members attending a meeting. Four (4) voting members
42 constitute a quorum at a meeting.
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1 (f) The commission may adopt reasonable and proper rules and
2 regulations for the conduct of its proceedings and the discharge of its
3 duties. These rules must provide for the receipt of public testimony
4 concerning the qualifications of candidates for nomination to the
5 governor.
6 SECTION 17. IC 33-33-45-35 IS REPEALED [EFFECTIVE JULY
7 1, 2025]. Sec. 35. In selecting the five (5) nominees to be submitted to
8 the governor, the commission shall comply with the following
9 requirements:
10 (1) The commission shall submit only the names of the five (5)
11 most highly qualified candidates from among all those eligible
12 individuals considered. To be eligible for nomination as a judge
13 of the superior court of Lake County, a person must be domiciled
14 in the county of Lake, a citizen of the United States, and admitted
15 to the practice of law in Indiana.
16 (2) In abiding by the mandate in subdivision (1), the commission
17 shall evaluate in writing each eligible individual on the following
18 factors:
19 (A) Law school record, including any academic honors and
20 achievements.
21 (B) Contribution to scholarly journals and publications,
22 legislative drafting, and legal briefs.
23 (C) Activities in public service, including:
24 (i) writings and speeches concerning public or civic affairs
25 that are on public record, including but not limited to
26 campaign speeches or writings, letters to newspapers, and
27 testimony before public agencies;
28 (ii) government service;
29 (iii) efforts and achievements in improving the
30 administration of justice; and
31 (iv) other conduct relating to the individual's profession.
32 (D) Legal experience, including the number of years of
33 practicing law, the kind of practice involved, and reputation as
34 a trial lawyer or judge.
35 (E) Probable judicial temperament.
36 (F) Physical condition, including age, stamina, and possible
37 habitual intemperance.
38 (G) Personality traits, including the exercise of sound
39 judgment, ability to compromise and conciliate, patience,
40 decisiveness, and dedication.
41 (H) Membership on boards of directors, financial interests, and
42 any other consideration that might create conflict of interest
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1 with a judicial office.
2 (I) Any other pertinent information that the commission feels
3 is important in selecting the best qualified individuals for
4 judicial office.
5 (3) These written evaluations shall not be made on an individual
6 until the individual states in writing that the individual desires to
7 hold a judicial office that is or will be created by vacancy.
8 (4) The political affiliations of any candidate may not be
9 considered by the commission in evaluating and determining
10 which eligible candidates shall be recommended to the governor
11 for a vacancy on the superior court of Lake County.
12 (5) In determining which eligible candidates are recommended to
13 the governor, the commission shall consider that racial and gender
14 diversity enhances the quality of the judiciary.
15 SECTION 18. IC 33-33-45-36 IS REPEALED [EFFECTIVE JULY
16 1, 2025]. Sec. 36. (a) The commission shall submit with the list of five
17 (5) nominees to the governor its written evaluation of the qualifications
18 of each candidate.
19 (b) The names of the nominees and the written evaluations are
20 public records that may be inspected and copied under IC 5-14-3.
21 (c) Every eligible candidate whose name was not submitted to the
22 governor shall have access to any evaluation on the candidate by the
23 commission and the right to make such evaluation public.
24 (d) Records specifically prepared for discussion or developed during
25 discussion in an executive session under IC 5-14-1.5-6.1 are excepted
26 from public disclosure, unless the records are prepared for use in the
27 consideration of a candidate for judicial appointment.
28 SECTION 19. IC 33-33-45-37 IS REPEALED [EFFECTIVE JULY
29 1, 2025]. Sec. 37. (a) After the commission has nominated and
30 submitted to the governor the names of five (5) persons for
31 appointment to fill a vacancy of the superior court of Lake County:
32 (1) any name may be withdrawn for cause considered by the
33 commission to be of a substantial nature affecting the nominee's
34 qualifications to hold office; and
35 (2) another name may be substituted;
36 before the appointment is made to fill the vacancy.
37 (b) If a nominee dies or requests in writing that the nominee's name
38 be withdrawn, the commission shall nominate another person to replace
39 the nominee.
40 (c) If two (2) or more vacancies exist, the commission shall
41 nominate and submit to the governor a list of five (5) different persons
42 for each of the vacancies. The commission may, before an appointment
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1 is made, withdraw the lists of nominations, change the names of any
2 persons nominated from one (1) list to another, and resubmit them as
3 changed, or may substitute a new name for any of those previously
4 nominated.
5 SECTION 20. IC 33-33-45-38 IS REPEALED [EFFECTIVE JULY
6 1, 2025]. Sec. 38. (a) A vacancy occurring on the court shall be filled
7 by appointment of the governor from a list of five (5) nominees
8 presented to the governor by the judicial nominating commission. If the
9 governor fails to make an appointment from the list within sixty (60)
10 days after the day it is presented to the governor, the appointment shall
11 be made by the chief justice or the acting chief justice of Indiana from
12 the same list, or altered list as provided for in section 37 of this chapter.
13 (b) The governor shall make all appointments to the court without
14 regard to the political affiliation of any of the five (5) nominees
15 submitted to the governor. In the interest of justice, the governor shall
16 consider only those qualifications of the nominees included in section
17 35 of this chapter.
18 SECTION 21. IC 33-33-45-40 IS REPEALED [EFFECTIVE JULY
19 1, 2025]. Sec. 40. An appointment by the governor or chief justice, as
20 required by section 38 of this chapter, to the superior court of Lake
21 County takes effect immediately if a vacancy exists at the date of the
22 appointment. The appointment takes effect on the date the vacancy is
23 created if a vacancy does not exist at the date of appointment.
24 SECTION 22. IC 33-33-45-41 IS REPEALED [EFFECTIVE JULY
25 1, 2025]. Sec. 41. (a) Each judge appointed under section 38 of this
26 chapter serves an initial term, which begins on the effective date of the
27 appointment of the judge and continues through December 31 in the
28 year of the general election that follows the expiration of two (2) years
29 after the effective date of the judge's appointment.
30 (b) Unless the judge:
31 (1) is rejected by the electorate of Lake County; or
32 (2) does not file the statement required;
33 under section 42 of this chapter, a judge of the superior court shall
34 serve successive six (6) year terms.
35 (c) Each six (6) year term begins on the first day of January
36 following the expiration of the preceding initial term or the preceding
37 six (6) year term, as the case may be, and continues for six (6) years.
38 SECTION 23. IC 33-33-45-42 IS REPEALED [EFFECTIVE JULY
39 1, 2025]. Sec. 42. (a) The question of the retention in office or rejection
40 of each judge of the superior court of Lake County shall be submitted
41 to the electorate of Lake County at the general election immediately
42 preceding expiration of the term of the judge.
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1 (b) At the general election, the question of the retention in office or
2 rejection of a judge described in subsection (a) shall be submitted to
3 the electorate of Lake County in the form prescribed by IC 3-11 and
4 must state "Shall Judge (insert name) of the superior court of Lake
5 County be retained in office for an additional term?".
6 (c) If a majority of the ballots cast by the electors voting on any
7 question is "Yes", the judge whose name appeared on the question shall
8 be approved for a six (6) year term beginning January 1 following the
9 general election as provided in section 41(b) of this chapter.
10 (d) If a majority of the ballots cast by the electors voting on any
11 question is "No", the judge whose name appeared on the question shall
12 be rejected. The office of the rejected judge is vacant on January 1
13 following the rejection. The vacancy shall be filled by appointment by
14 the governor under section 38 of this chapter.
15 (e) The Lake County election board shall submit the question of the
16 retention in office or rejection of a judge described in subsection (a) to
17 the electorate of Lake County. The submission of the question is
18 subject to the provisions of IC 3 that are not inconsistent with this
19 chapter.
20 (f) A judge who wishes to be retained in office shall file a statement
21 with the secretary of state, not later than noon July 15 of the year in
22 which the question of retention of the judge is to be placed on the
23 general election ballot, indicating that the judge wishes to have the
24 question of the judge's retention placed on the ballot. The judge's
25 statement must include a statement of the judge's name as:
26 (1) the judge wants the judge's name to appear on the ballot; and
27 (2) the candidate's name is permitted to appear on the ballot under
28 IC 3-5-7.
29 (g) If a judge does not file the statement required under subsection
30 (f), the question of that judge's retention in office or rejection shall not
31 be submitted to the electorate, and the office becomes vacant at the
32 expiration of the term.
33 SECTION 24. IC 33-33-45-44 IS REPEALED [EFFECTIVE JULY
34 1, 2025]. Sec. 44. (a) A judge of the superior court may not during a
35 term of office as judge of the superior court do any of the following:
36 (1) Engage in the practice of law.
37 (2) Run for elective office.
38 (3) Take part in any political campaign.
39 (b) Failure to comply with this section is sufficient cause for the
40 commission on judicial qualifications to recommend to the supreme
41 court that the judge be censured or removed.
42 (c) A political party may not directly or indirectly campaign for or
2025 IN 17—LS 6042/DI 149 13
1 against a judge subject to retention or rejection under this chapter.
2025 IN 17—LS 6042/DI 149