Reprinted
February 11, 2009
HOUSE BILL No. 1491
_____
DIGEST OF HB 1491
(Updated February 10, 2009 6:51 pm - DI 75)
Citations Affected: IC 3-9; IC 33-33; noncode.
Synopsis: St. Joseph superior court judges. Requires the nonpartisan
election of superior court judges in St. Joseph County. Continues the
terms of the St. Joseph superior court judges in office on June 30, 2009,
until the date the judges' terms will end under the law in effect on June
30, 2009. Provides that a judge or a candidate for judge of the Saint
Joseph superior court may not accept certain political contributions.
Repeals provisions concerning judicial retention elections in St. Joseph
County.
Effective: July 1, 2009.
Fry
January 14, 2009, read first time and referred to Committee on Courts and Criminal Code.
February 5, 2009, reported _ Do Pass.
February 10, 2009, read second time, amended, ordered engrossed.
Reprinted
February 11, 2009
First Regular Session 116th General Assembly (2009)
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
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Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in
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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
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between statutes enacted by the 2008 Regular Session of the General Assembly.
HOUSE BILL No. 1491
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:
SOURCE: IC 3-9-2-14; (09)HB1491.2.1. -->
SECTION 1. IC 3-9-2-14 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2009]: Sec. 14. (a) A judge or candidate for judge of the St.
Joseph superior court may not accept:
(1) a contribution from any political party, political action
committee, or regular party committee; or
(2) more than a total of:
(A) five hundred dollars ($500) from one (1) individual;
(B) one thousand dollars ($1,000) from two (2) or more
individuals associated with one (1) law firm; or
(C) ten thousand dollars ($10,000) in contributions from all
sources;
to pay expenses connected with the judge's or candidate's
candidacy.
SOURCE: IC 33-33-71-5; (09)HB1491.2.2. -->
SECTION 2. IC 33-33-71-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 5. (a) There is
established a superior court in St. Joseph County.
(b) The court consists of eight (8) judges, who shall be elected in
nonpartisan elections every six (6) years in St. Joseph County as
provided in section 5.3 of this chapter.
(c) The term of a judge begins January 1 following the judge's
election and ends December 31 following the election of the judge's
successor.
SOURCE: IC 33-33-71-5.3; (09)HB1491.2.3. -->
SECTION 3. IC 33-33-71-5.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 5.3. (a) Each of the eight (8) St.
Joseph superior court judges shall be elected in nonpartisan
elections every six (6) years.
(b) During the period under IC 3-8-2-4 in which a declaration
of candidacy may be filed for a primary election, a person who
desires to become a candidate for one (1) of the eight (8) judgeships
described in subsection (a) must file with the election division a
declaration of candidacy:
(1) adapted from the form prescribed under IC 3-8-2;
(2) signed by the candidate; and
(3) that designates which judgeship the candidate seeks. A
declaration that does not include the designation shall be
rejected by the election division or by the Indiana election
commission under IC 3-8-1-2.
(c) To be eligible for election under this section, a candidate for
a judgeship must be:
(1) a resident of St. Joseph County; and
(2) admitted to the practice of law in Indiana.
(d) If a person:
(1) files a declaration of candidacy under subsection (b); and
(2) subsequently ceases to be a candidate after the final date
for filing a declaration under subsection (b);
the election division may accept the filing of additional declarations
of candidacy for that judgeship until not later than noon August 1.
(e) All candidates for each respective judgeship shall be listed on
the general election ballot:
(1) in the form prescribed by IC 3-11; and
(2) without party designation.
The candidate who receives the highest number of votes for each
judgeship shall be elected to that office.
(f) IC 3, where not inconsistent with this chapter, applies to
elections under this chapter.
SOURCE: IC 33-33-71-36; (09)HB1491.2.4. -->
SECTION 4. IC 33-33-71-36 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 36. (a) When a vacancy
occurs in the St. Joseph superior court created by the departure of a
judge before the expiration of the judge's term of office, the clerk
of the court shall promptly notify the chairman of the commission of
the vacancy. The chairman shall call a meeting of the commission
within ten (10) days following this notice. The commission shall
submit its nominations of five (5) candidates for each vacancy and
certify them to the governor as promptly as possible, and not later than
sixty (60) days after the vacancy occurs. When it is known that a
vacancy will occur at a definite future date within the term of the
serving governor, but the vacancy has not yet occurred, the clerk shall
notify the commission immediately. The commission may within fifty
(50) days of the notice of vacancy make its nominations and submit to
the governor the names of five (5) persons nominated for the
forthcoming vacancy.
(b) Meetings of the commission shall be called by the chairman or,
if the chairman fails to call a necessary meeting, upon the call of any
four (4) members of the commission. The chairman, whenever the
chairman considers a meeting necessary, or upon the request by any
four (4) members of the commission for a meeting, shall give each
member of the commission at least five (5) days written notice by mail
of the time and place of every meeting unless the commission at its
previous meeting designated the time and place of its next meeting.
(c) Meetings of the commission must be held at a place in the St.
Joseph County courthouse in South Bend as the clerk of the St. Joseph
superior court may arrange.
(d) The commission shall act only at a meeting and may act only by
the concurrence of a majority of its members attending a meeting. Four
(4) members are required to constitute a quorum at a meeting. The
commission may adopt reasonable and proper rules and regulations for
the conduct of its proceedings and the discharge of its duties.
SOURCE: IC 33-33-71-40; (09)HB1491.2.5. -->
SECTION 5. IC 33-33-71-40 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 40. (a) A vacancy
occurring in the St. Joseph superior court
created by the departure of
a judge before the expiration of the judge's term of office shall be
filled by appointment of the governor from a list of nominees presented
to the governor by the judicial nominating commission. If the governor
fails to make an appointment from the list within sixty (60) days from
the day it is presented to the governor, the appointment shall be made
by the chief justice or the acting chief justice of the supreme court from
the same list presented to the governor.
(b) The governor shall make all appointments to the St. Joseph
superior court without regard to the political affiliation of any of the
nominees submitted to the governor. In the interest of justice, the
governor shall consider only those qualifications of the nominees
included in section 37 of this chapter.
(c) If the St. Joseph County judicial nominating commission, by a
vote of any five (5) of its members, determines that, of the persons
considered for any existing or expected vacancy in the St. Joseph
superior court, less than five (5) are qualified for judicial office, within
the scope of this chapter, the commission shall certify that
determination to the governor together with the name or names of the
person or persons found to be qualified under this chapter. In that
event, the governor, chief justice, or acting chief justice shall make the
selection or, if only one (1) name is submitted, make the appointment.
SOURCE: IC 33-33-71-41; (09)HB1491.2.6. -->
SECTION 6. IC 33-33-71-41 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 41. (a) An appointment
by the governor, chief justice, or acting chief justice, as required by
section 40 of this chapter, to the St. Joseph County superior court shall
take effect immediately if a vacancy exists at the date of the
appointment. The appointment shall take effect on the date the vacancy
is created if a vacancy does not exist on the date of the appointment.
(b) A judge appointed under section 40 of this chapter serves
during the unexpired part of the judge's predecessor's term in
office.
SOURCE: IC 33-33-71-68; (09)HB1491.2.7. -->
SECTION 7. IC 33-33-71-68 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 68. (a) Whenever a
judge of a St. Joseph County court is retired by the supreme court under
this chapter and on the grounds set forth in sections 44 and section 46
of this chapter, the judge is considered to have retired voluntarily. In
these situations, this chapter may not be construed to authorize any
encroachment upon or impairment of any rights of the judge or the
judge's surviving spouse under any constitutional or statutory
retirement program.
(b) A judge of a St. Joseph County court who is removed from office
by the supreme court on those grounds set forth in sections 44 and
section 46 of this chapter is ineligible for judicial office and, pending
further order of the supreme court, shall be suspended from the practice
of law in Indiana.
SOURCE: IC 33-33-71-42; IC 33-33-71-43; IC 33-33-71-44.
; (09)HB1491.2.8. -->
SECTION 8. THE FOLLOWING ARE REPEALED [EFFECTIVE
JULY 1, 2009]: IC 33-33-71-42; IC 33-33-71-43; IC 33-33-71-44.
SOURCE: ; (09)HB1491.2.9. -->
SECTION 9. [EFFECTIVE JULY 1, 2009]
(a) Notwithstanding
the amendment and repeal of provisions in IC 33-33-71 by this act,
the term of a judge in office in the St. Joseph County superior
court on June 30, 2009, does not terminate until the date that the
term would have terminated under the law in effect on June 30,
2009.
(b) The initial nonpartisan election under IC 33-33-71, as
amended by this act, to fill a judge's position on the St. Joseph
County superior court is the general election immediately
preceding the date on which the term of the judge occupying the
position on June 30, 2009, would have terminated under the law in
effect on June 30, 2009.
(c) This SECTION expires January 2, 2015.