Introduced Version






HOUSE BILL No. 1199

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 3-13; IC 33-2-1-1 ; IC 33-2.1; IC 33-5; IC 33-13-14-8.

Synopsis: Composition of courts. Requires judicial nominating commissions, the governor, and the chief justice of the supreme court in evaluating candidates for a judgeship to consider whether appointment of the candidate will allow the composition of circuit courts, superior courts, probate courts, county courts, the tax court, the court of appeals, and the supreme court to more adequately reflect the diversity of the citizens of Indiana. Requires the Indiana judicial center to annually prepare an analysis on the diversity in the judiciary. Adds two justices to the Indiana supreme court.

Effective: July 1, 2000; July 1, 2001.





Crosby, Becker




    January 10, 2000, read first time and referred to Committee on Judiciary.







Introduced

Second Regular Session 111th General Assembly (2000)


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 1999 General Assembly.

HOUSE BILL No. 1199



    A BILL FOR AN ACT to amend the Indiana Code concerning courts and court officers.

    Whereas, The General Assembly finds that respect for and confidence in the fairness of the judiciary is essential to the welfare of a free and democratic society;

    Whereas, The General Assembly finds that respect for and confidence in the fairness of the judiciary is enhanced when the composition of the judiciary reflects the diversity of the people that the judiciary serves;

    Whereas, The General Assembly finds that the Indiana judiciary has historically been less diverse than the composition of the general population of Indiana;

    Whereas, Past actions of state government, as determined in various court cases, have contributed to discrimination against women and minorities;

    Whereas, The General Assembly declares that it is the

public policy of the state to rectify this past discrimination by encouraging greater diversity in the judiciary;

    Whereas, The General Assembly finds that there is an adequate and growing pool of qualified women and racial minorities who are eligible to serve as judges and justices in Indiana;

    Whereas, The General Assembly finds that the least restrictive means of addressing past discrimination and promoting diversity in the judiciary is for the governor and judicial nominating commissions that assist the governor to consider the diversity of the candidates eligible to fill vacancies in the courts, Therefore;

    Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 3-13-4-2; (00)IN1199.1.1. -->     SECTION 1. IC 3-13-4-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 2. (a) A vacancy in the office of justice of the supreme court, judge of the court of appeals, or judge of the tax court shall be filled as provided in IC 33-2.1-4.
     (b) The governor, in evaluating candidates for the office of judge of the tax court or the court of appeals, must consider whether appointment of a particular candidate to the court will allow the composition of the courts to more adequately reflect the diversity of the citizens of Indiana.
     (c) The governor, in evaluating candidates for the office of justice of the supreme court, must consider whether appointment of a particular candidate to the court will allow the composition of the court to more accurately reflect the diversity of the citizens of Indiana.
SOURCE: IC 3-13-6-1; (00)IN1199.1.2. -->     SECTION 2. IC 3-13-6-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 1. (a) A vacancy that occurs, other than by resignation, in the office of judge of a circuit, superior, probate, or county court shall be certified to the governor by the circuit court clerk of the county in which the judge resided.
    (b) A vacancy in the office of judge of a circuit court shall be filled by the governor as provided by Article 5, Section 18 of the Constitution of the State of Indiana. The person who is appointed holds the office until:
        (1) the end of the unexpired term; or
        (2) a successor is elected at the next general election and qualified;
whichever occurs first. The person elected at the general election following an appointment to fill the vacancy, upon being qualified, holds office for the six (6) year term prescribed by Article 7, Section 7 of the Constitution of the State of Indiana and until a successor is elected and qualified.
    (c) A vacancy in the office of judge of a superior, probate, or county court shall be filled by the governor subject to the following:
        (1) IC 33-5-5.1-37.1.
        (2) IC 33-5-5.1-41.1.
        (3) IC 33-5-29.5-39.
        (4) IC 33-5-40-44.
The person who is appointed holds office for the remainder of the unexpired term.
     (d) The governor, in filling vacancies in the office of judge of a circuit, superior, probate, or county court, must consider whether appointment of a particular candidate to the court will allow the composition of circuit, superior, probate, and county courts to more accurately reflect the diversity of the citizens of Indiana.
SOURCE: IC 33-2-1-1; (00)IN1199.1.3. -->     SECTION 3. IC 33-2-1-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 1. The supreme court shall consist of five (5) seven (7) judges, any three (3) four (4) of whom shall form a quorum, and shall have jurisdiction in appeals coextensive with the state.
SOURCE: IC 33-2.1-2-1; (00)IN1199.1.4. -->     SECTION 4. IC 33-2.1-2-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 1. Supreme Court. The supreme court shall consist of five (5) seven (7) judges, any three (3) four (4) of whom shall constitute a quorum and shall have jurisdiction as provided by the Constitution of the State of Indiana.
SOURCE: IC 33-2.1-4-7; (00)IN1199.1.5. -->     SECTION 5. IC 33-2.1-4-7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 7. (a) The judicial nominating commission shall submit to the governor, from among all those names the commission considers for a vacancy, the names of only the three (3) most highly qualified candidates. In determining which candidates are most highly qualified each commission member shall evaluate each candidate, in writing, on the following considerations:
        (1) Legal education, including law schools attended and postlaw school education, and any academic honors and awards achieved.
        (2) Legal writings, including but not limited to legislative draftings, legal briefs, and contributions to legal journals and publications.
        (3) Reputation in the practice of law, as evaluated by attorneys and judges with whom the candidate has had professional contact, and the type of legal practice, including experience and reputation as a trial lawyer or trial judge.
        (4) Physical condition, including general health, stamina, vigor, and age.
         (5) Whether appointment of the candidate to the court will allow the composition of the tax court, the court of appeals, and the supreme court to more accurately reflect the diversity of the citizens of Indiana;
        (5) (6) Financial interests, including any such interest which might conflict with the performance of judicial responsibilities.
        (6) (7) Activities in public service, including writings and speeches concerning public affairs and contemporary problems, and efforts and achievements in improving the administration of justice.
        (7) (8) Any other pertinent information which the commission feels is important in selecting the most highly qualified individuals for judicial office.
    (b) The commission shall not make an investigation to determine these considerations until the individual states in writing that the individual desires to hold a judicial office that has been or will be created by a vacancy and that the individual consents to the public disclosure of information under subsections (d) and (g).
    (c) The commission shall inquire into the personal and legal backgrounds of each candidate by investigations made independent from the statements on an application of the candidate or in an interview with the candidate. In completing these investigations the commission, in its discretion, may use information provided by or the assistance of:
        (1) a law enforcement agency;
        (2) any organization of lawyers, judges, or individual practitioners; or
        (3) any other person or association.
    (d) The commission shall publicly disclose the names of all candidates who have filed for judicial appointment after the commission has received the consent required by subsection (b) but before the commission has begun to evaluate any of the candidates. If the commission's screening of the candidates for judicial appointment occurs in an executive session conducted under IC 5-14-1.5-6.1 (b)(9), the screening may not reduce the number of candidates for further consideration to fewer than ten (10) individuals unless there are fewer

than ten (10) individuals from which to choose before the screening. When the commission's screening has reduced the number of candidates for further consideration to not less than ten (10) or it has less than ten (10) eligible candidates otherwise from which to choose, the commission shall:
        (1) publicly disclose the names of those individuals and their applications before taking any further action; and
        (2) give notice of any further action in the same manner that notice is given under IC 5-14-1.5.
    (e) Information described in subsection (d)(1) is identifying information for the purposes of IC 5-14-1.5-6.1 (b)(9).
    (f) The commission shall submit with the list of three (3) nominees to the governor their written evaluation of each such nominee, based on those considerations stated in subsection (a). The list of names submitted to the governor and the written evaluation of each nominee shall be publicly disclosed by the commission.
    (g) Notwithstanding IC 5-14-3-4 , all public records (as defined in IC 5-14-3-2 ) of the judicial nominating commission are subject to IC 5-14-3-3 , including records described in IC 5-14-3-4 (b)(12). However, the following records are excepted from public inspection and copying at the discretion of the judicial nominating commission:
        (1) Personnel files of commission employees and files of applicants for employment with the commission to the extent permitted under IC 5-14-3-4 (b)(8).
        (2) Records specifically prepared for discussion or developed during discussion in an executive session under IC 5-14-1.5-6.1 , unless the records are prepared for use in the consideration of a candidate for judicial appointment.
        (3) Investigatory records prepared for the commission under subsection (c) until:
            (A) the records are filed or introduced into evidence in connection with the consideration of a candidate;
            (B) the records are publicly discussed by the commission in connection with the consideration of a candidate;
            (C) a candidate elects to have the records released by the commission; or
            (D) the commission elects to release the records that the commission considers appropriate in response to publicly disseminated statements relating to the activities or actions of the commission;
        whichever occurs first.
        (4) Applications of candidates for judicial appointment who are

not among the applicants eligible for further consideration following the commission's screening under subsection (d).
        (5) The work product of an attorney (as defined by IC 5-14-3-2 ) representing the commission.
    (h) When an event described by subsection (g)(3) occurs, the investigatory record becomes available for public inspection and copying under IC 5-14-3-3.
    (i) As used in this subsection, "attributable communication" refers to a communication containing the sender's name, address, and telephone number. The commission shall provide a copy of all attributable communications regarding a candidate for judicial appointment to each member of the commission. An attributable communication becomes available for public inspection and copying under IC 5-14-3-3 after a copy has been provided to each member of the commission. The commission may not consider a communication other than an attributable communication in evaluating any candidate for judicial appointment.
    (j) The commission shall release the investigatory records prepared for the commission under subsection (c) to the candidate for judicial appointment described by the records.

SOURCE: IC 33-2.1-4-10; (00)IN1199.1.6. -->     SECTION 6. IC 33-2.1-4-10 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 10. (a) In the event of the failure of the governor to make an appointment within the sixty (60) days from the date the names of the nominees are submitted to him, the chief justice of the state shall make the appointment from such nominees.
     (b) The chief justice, in evaluating candidates for the office of judge of the tax court or the court of appeals, must consider whether appointment of a particular candidate to the court will allow the composition of the courts to more accurately reflect the diversity of the citizens of Indiana.
     (c) The chief justice, in evaluating candidates for the office of justice of the supreme court, must consider whether appointment of a particular candidate to the court will allow the composition of the court to more accurately reflect the diversity of the citizens of Indiana.
     (d) Any change in a list submitted to the Governor pursuant to section 9 of this chapter shall require a re-submission of the altered list to the Governor and the sixty (60) day period in which the Governor must make the appointment shall begin on the date of re-submission.
SOURCE: IC 33-5-5.1-38.1; (00)IN1199.1.7. -->     SECTION 7. IC 33-5-5.1-38.1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 38.1. In selecting the

three (3) nominees to be submitted to the governor, the commission shall comply with the following requirements:
    (a) The commission shall submit only the names of the three (3) most highly qualified candidates from among all those eligible individuals considered. To be eligible for nomination as a judge of the Allen superior court, a person must meet the qualifications listed in section 29.3 of this chapter.
    (b) As an aid in choosing the three (3) most qualified candidates, the commission shall in writing evaluate each eligible individual it considers on the following factors:
        (1) Law school record, including any academic honors and achievements.
        (2) Contributions to scholarly journals and publications, legislative draftings, and legal briefs.
        (3) Activities in public service, including:
            (A) writings and speeches concerning public or civic affairs which are on public record, including campaign speeches or writing, letters to newspapers, and testimony before public agencies;
            (B) government service;
            (C) efforts and achievements in improving the administration of justice; and
            (D) other conduct relating to his 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) Physical condition, including age, stamina, and possible habitual intemperance.
        (7) Personality traits, including the exercise of sound judgment, ability to compromise and conciliate, patience, decisiveness and dedication.
         (8) Whether appointment of the candidate to the court will allow the composition of circuit, superior, probate, and county courts to more accurately reflect the diversity of the citizens of Indiana;
        (8) (9) Membership on boards of directors, financial interest, and any other consideration which might create conflict of interest with a judicial office.
        (9) (10) Any other pertinent information that the commission feels is important in selecting the best qualified individuals for judicial office.


    (c) An individual may not be evaluated before he states in writing that he desires to hold a judicial office that is or will be created by a vacancy.
    (d) The political affiliations of a candidate may not be considered.
SOURCE: IC 33-5-29.5-36; (00)IN1199.1.8. -->     SECTION 8. IC 33-5-29.5-36 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 36. In selecting the three (3) nominees to be submitted to the governor, the commission shall comply with the following requirements:
    (a) The commission shall submit only the names of the three (3) most highly qualified candidates from among all those eligible individuals considered. To be eligible for nomination as a judge of the superior court of Lake County, a person must be domiciled in the county of Lake, a citizen of the United States and admitted to the practice of law in the courts of Indiana.
    (b) In abiding by the mandate in subsection (a) of this section, the commission shall evaluate in writing each eligible individual on the following factors:
        (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:
            (i) (A) writings and speeches concerning public or civic affairs which are on public record, including but not limited to campaign speeches or writings, letters to newspapers, and testimony before public agencies;
            (ii) (B) government service;
            (iii) (C) efforts and achievements in improving the administration of justice; and
            (iv) (D) 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) Physical condition, including age, stamina, and possible habitual intemperance;
        (7) Personality traits, including the exercise of sound judgment, ability to compromise and conciliate, patience, decisiveness and dedication;
         (8) Whether appointment of the candidate to the court will allow the composition of circuit, superior, probate, and county courts to more accurately reflect the diversity of the citizens

of Indiana;
        (8) (9) Membership on boards of directors, financial interest, and any other consideration which might create conflict of interest with a judicial office;
        (9) (10) Any other pertinent information which the commission feels is important in selecting the best qualified individuals for judicial office.
    (c) These written evaluations shall not be made on an individual until the individual states in writing that the individual desires to hold a judicial office that is or will be created by vacancy.
    (d) The political affiliations of any candidate shall not be considered by the commission in evaluating and determining which eligible candidates shall be recommended to the governor for a vacancy on the superior court of Lake County.
    (e) In determining which eligible candidates shall be recommended to the governor, the commission shall consider that racial and gender diversity enhances the quality of the judiciary.

SOURCE: IC 33-5-40-41; (00)IN1199.1.9. -->     SECTION 9. IC 33-5-40-41 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 41. (a) The commission shall submit only the names of the five (5) most highly qualified candidates from among all those eligible individuals considered. To be eligible for nomination as a judge of the St. Joseph superior court, a person must be domiciled in the county of St. Joseph, a citizen of the United States, and admitted to the practice of law in the courts of this state.
    (b) In abiding by the mandate in subsection (a) of this section, the commission shall evaluate in writing each eligible individual on the following factors:
        (1) Law school record, including any academic honors and achievements;
        (2) Contribution to scholarly journals and publications, legislative draftings, and legal briefs;
        (3) Activities in public service, including:
            (i) (A) writings and speeches concerning public or civic affairs which are on public record, including but not limited to campaign speeches or writing, letters to newspapers, testimony before public agencies;
            (ii) (B) efforts and achievements in improving the administration of justice; and
            (iii) (C) other conduct relating to his 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) Physical condition, including age, stamina, and possible habitual intemperance;
        (7) Personality traits, including the exercise of sound judgment, ability to compromise and conciliate patience, decisiveness and dedication;
         (8) Whether appointment of the candidate to the court will allow the composition of circuit, superior, probate, and county courts to more accurately reflect the diversity of the citizens of Indiana;
        (8) (9) Membership on boards of directors, financial interest, and any other consideration which might create conflict of interest with a judicial office;
        (9) (10) Any other pertinent information which the commission feels is important in selecting the best qualified individuals for judicial office.
    (c) These written evaluations shall not be made on an individual until he states in writing that he desires to hold a judicial office that is or will be created by vacancy.
    (d) The political affiliations of any candidate shall not be considered by the commission in evaluating and determining which eligible candidates shall be recommended to the governor for a vacancy on the St. Joseph superior court.

SOURCE: IC 33-13-14-8; (00)IN1199.1.10. -->     SECTION 10. IC 33-13-14-8 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 8. The Indiana judicial center shall annually prepare a report or include as part of a general annual report an analysis that compares the diversity of the judges serving in the circuit, superior, probate, and county courts, the tax court, the court of appeals, and the supreme court to the diversity of the general population in Indiana. The Indiana judicial center shall distribute a copy of the analysis to the governor, the supreme court, and the executive director of the legislative services agency.
SOURCE: ; (00)IN1199.1.11. -->     SECTION 11. [EFFECTIVE JULY 1, 2000] (a) The judicial nominating commission may not submit names to the governor to fill a judicial vacancy created by the amendment by this act of IC 33-2-1-1 and IC 33-2.1-2-1 until after May 1, 2001.
    (b) This SECTION expires December 31, 2001.