HB 1703-4_ Filed 02/28/2005, 08:00 Murphy


Text Box


    PREVAILED      Roll Call No. _______
    FAILED        Ayes _______
    WITHDRAWN        Noes _______
    RULED OUT OF ORDER


[

HOUSE MOTION ____

]

MR. SPEAKER:

    I move that House Bill 1703 be amended to read as follows:

SOURCE: Page 2, line 16; (05)MO170308.2. -->     Page 2, between lines 16 and 17, begin a new paragraph and insert:
SOURCE: IC 3-13-6-1; (05)MO170308.2. -->     "SECTION 2. IC 3-13-6-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: 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 33-33-2-39.
        (2) IC 33-33-2-43.
        (3) IC 33-33-45-38.
        (4) IC 33-33-71-40.
The person who is appointed holds office for the remainder of the

unexpired term.

SOURCE: IC 5-8-1-19; (05)MO170308.3. -->     SECTION 3. IC 5-8-1-19 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 19. (a) Under Article 7, Section 13 of the Constitution of the State of Indiana, whenever a circuit, superior, probate, or county court judge or prosecuting attorney has been convicted of corruption or any other high crime, the attorney general shall bring proceedings in the supreme court, on information, in the name of the state, for the removal from office of the judge or prosecuting attorney.
    (b) If the judgment is against the defendant, the defendant is removed from office. The governor, the officer, or the entity required to fill a vacancy under IC 3-13-6-2 shall, subject to:
        (1) IC 33-33-2-39; and
        (2) IC 33-33-2-43;
        (3) IC 33-33-45-38; and
        (4) IC 33-33-71-40;
appoint or select a successor to fill the vacancy in office.".
SOURCE: Page 5, line 29; (05)MO170308.5. -->     Page 5, delete lines 29 through 37, begin a new paragraph and insert:
SOURCE: IC 33-33-45-3; (05)MO170308.11. -->     "SECTION 11. IC 33-33-45-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 3. (a) There is established a superior court in Lake County (referred to as "the court" in this chapter).
     (b) The court consists of:
         (1) sixteen (16) judges, who shall be elected at the general election every six (6) years in Lake County; and
        (2) the Lake County circuit court judge, if the circuit court judge chooses to sit on the superior court of Lake County.
    (c) The term of a judge described in subsection (b)(1) begins January 1 following the judge's election and ends December 31 following the election of the judge's successor.
    (d) To be eligible to hold office as a judge of the court, a person must be:
        (1) a resident of Lake County;
        (2) less than seventy (70) years of age at the time of taking office; and
        (3) admitted to the practice of law in Indiana.
    (e) Subsections (b) through (d) apply only if the voters of the county have not approved a public question on whether a judge of the superior court shall be elected in a nonpartisan election under IC 33-29-7.
".
SOURCE: Page 7, line 38; (05)MO170308.7. -->     Page 7, delete lines 38 through 41, begin a new paragraph and insert:
    " (b) A judge described in subsection (a) shall be elected at the general election every six (6) years in St. Joseph County. A judge's term begins January 1 following the election and ends December 31 following the election of the judge's successor.
    (c) To be eligible to hold office as judge of the court, a person must be:
        (1) a resident of St. Joseph County;
        (2) less than seventy (70) years of age at the time of taking office; and
        (3) admitted to the practice of law in Indiana.
    (d) Subsections (b) and (c) apply only if the voters of the county have not approved a public question on whether a judge of the superior court shall be elected in a nonpartisan election under IC 33-29-7.
".
    Page 10, line 30, delete "IC 33-33-2-9; IC 33-33-2-10;".
    Page 11, delete lines 28 through 33, begin a new paragraph and insert:
SOURCE: ; (05)MO170308.23. -->     "SECTION 23. [EFFECTIVE JULY 1, 2005] (a) Notwithstanding SECTION 22 of this act and the amendment and repeal by this act of provisions in IC 33-33-45 and IC 33-33-71, the term of a judge in office in the superior court of the Lake County or St. Joseph County superior court does not terminate until the date that the term would have terminated under the law in effect on June 30, 2005. The partisan election for the initial judge to be elected under IC 33-33-45 or IC 33-33-71, both as amended by this act, to a superior court in Lake County or St. Joseph County is the general election immediately preceding the date that the term of the judge in office on June 30, 2005, would have terminated under the law in effect on June 30, 2005.
    (b) If a majority of voters in Lake County or St. Joseph County approve a public question under IC 33-29-7, as added by this act, the initial nonpartisan election of a superior court judge described in subsection (a) under IC 33-29-7, as added by this act, is the general election immediately preceding the date on which the term of the judge would have terminated under the law in effect on June 30, 2005.
".
    Renumber all SECTIONS consecutively.
    (Reference is to HB 1703 as printed February 16, 2005.)

________________________________________

Representative Murphy


MO170308/DI 69     2005