Introduced Version






SENATE JOINT
RESOLUTION No.
14
_____


DIGEST OF INTRODUCED RESOLUTION



Citations Affected: Articles 2 and 7 of the Indiana Constitution.

Synopsis: Appellate court judges. Provides that the governor fills vacancies on the supreme court and the court of appeals, subject to the approval of the senate. Provides that a justice of the supreme court or judge of the court of appeals is retained in office only if the justice or judge receives one vote more than 60% of the total number of votes cast on the question of retention of the justice or judge. Provides that a law, judicial rule, decree, or order may not abridge the freedom of a judge, lawyer, candidate for judicial office, or any other person from: (1) speaking, writing, or otherwise expressing the person's views freely regarding a political issue, political party, or candidate for office, including a candidate for a judicial office; or (2) making a donation of money, services, or property to a political party or a candidate for office, including a candidate for a judicial office. Makes stylistic changes.

Effective: This proposed amendment must be agreed to by two consecutive general assemblies and ratified by a majority of the state's voters voting on the question to be effective.





Delph




    January 4, 2012, read first time and referred to Committee on Judiciary.








Introduced

Second Regular Session 117th General Assembly (2012)

                    

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.
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SENATE JOINT
RESOLUTION No. 14




    A JOINT RESOLUTION proposing an amendment to the Constitution of the State of Indiana concerning courts and court officers.

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

SOURCE: ; (12)SJ9615.1. -->     SECTION 1. The following amendment to the Constitution of the State of Indiana is proposed and agreed to by this, the One Hundred Seventeenth General Assembly of the State of Indiana, and is referred to the next General Assembly for reconsideration and agreement.
SOURCE: CON 2; (12)SJ9615.2. -->     SECTION 2. ARTICLE 2, SECTION 14 OF THE CONSTITUTION OF THE STATE OF INDIANA IS AMENDED TO READ AS FOLLOWS: Section 14. (a) General elections shall be held on the first Tuesday after the first Monday in November.
    (b) The General Assembly may provide by law for the election of all judges of courts of general and appellate jurisdiction. by an election to be held for such officers only, at which time no other officer shall be voted for.
    (c) The General Assembly shall provide for the registration of all persons entitled to vote.
SOURCE: CON 7; (12)SJ9615.3. -->     SECTION 3. ARTICLE 7, SECTION 3 OF THE CONSTITUTION OF THE STATE OF INDIANA IS AMENDED TO READ AS FOLLOWS: Section 3. Chief Justice. (a) The Chief Justice of the State shall be selected by the judicial nominating commission Governor from the members of the Supreme Court and he the Chief Justice shall retain that office for a period of five (5) years, subject to reappointment in the same manner, except that a member of the Court may resign the office of Chief Justice without resigning from the Court. During a vacancy in the office of Chief Justice caused by absence, illness, incapacity, or resignation all powers and duties of that office shall devolve upon the member of the Supreme Court who is senior in length of service and, if equal in length of service, the determination shall be by lot until such time as the cause of the vacancy is terminated or the vacancy is filled.
     (b) The Chief Justice of the State shall appoint such persons as the General Assembly by law may provide for the administration of his the Chief Justice's office. The Chief Justice shall have prepared and submit to the General Assembly regular reports on the condition of the courts and such other reports as may be requested.
SOURCE: CON 7; (12)SJ9615.4. -->     SECTION 4. ARTICLE 7, SECTION 9 OF THE CONSTITUTION OF THE STATE OF INDIANA IS AMENDED TO READ AS FOLLOWS: Section 9. Judicial Nominating Commission. (a) There shall be one judicial nominating commission for the Supreme Court and Court of Appeals. This commission shall, in addition, be the a commission on judicial qualifications for the Supreme Court and Court of Appeals.
     (b) The judicial nominating commission shall consist consists of the following seven (7) members: a majority of whom shall form a quorum, one of whom shall be
        (1) The Chief Justice of the State or a Justice of the Supreme Court whom he may designate, designated by the Chief Justice, who shall act as chairman. Those the commission's chair.
        (2) Three (3) individuals
admitted to the practice of law shall elect three of their number to serve as members of said commission. All elections shall be in such manner as the General Assembly may provide. in Indiana elected by those admitted to the practice of law in Indiana.
        (3) Three (3) individuals who are residents of Indiana appointed by
the Governor. shall appoint to the commission three citizens, An individual appointed by the Governor may not be

admitted to the practice of law. The terms of office and compensation for members of a judicial nominating commission shall be fixed by the General Assembly. No
     (c) A member of a judicial nominating the Commission commission other than the Chief Justice or his the Chief Justice's designee shall may not hold any other salaried public office. No A commission member shall may not hold an office in a political party or organization. No A commission member of the judicial nominating commission shall be is not eligible for appointment to a judicial office so long as he while the individual is a commission member of the commission and for a period of three (3) years thereafter. after the individual leaves the commission.
    (d) The General Assembly shall provide by law for the following:
        (1) The term of office of commission members.
        (2) The compensation of commission members.
        (3) The manner of election of the elected commission members.
    (e) Four (4) commission members constitute a quorum of the commission.

SOURCE: CON 7; (12)SJ9615.5. -->     SECTION 5. ARTICLE 7, SECTION 10 OF THE CONSTITUTION OF THE STATE OF INDIANA IS AMENDED TO READ AS FOLLOWS: Section 10. Selection of Justices of the Supreme Court and Judges of the Court of Appeals. (a) The Governor shall fill a vacancy in a judicial office in the Supreme Court or Court of Appeals. shall be filled by the Governor, without regard to political affiliation, from a list of three nominees presented to him by the judicial nominating commission. If the Governor shall fail to make an appointment from the list within sixty days from the day it is presented to him, the appointment shall be made by the Chief Justice or the acting Chief Justice from the same list.
     (b) To be eligible for nomination as a justice of the Supreme Court or judge of the Court of Appeals, a person an individual must satisfy all of the following:
         (1) The individual must be domiciled within the geographic district.
         (2) The individual must be a citizen of the United States.
         (3) Either of the following:
            (A) The individual must be
admitted to the practice of law in the courts of the State Indiana for a period of not less than ten (10) years. or
             (B) The individual must have served as a judge of a circuit,

superior, or criminal court of the State of Indiana for a period of not less than five (5) years.
     (c) Before an individual appointed as a justice or a judge under this section may take office, the individual's appointment must be confirmed by the Senate by the affirmative vote of a majority of the members elected to the Senate under rules adopted by the Senate. The Governor may call the Senate into a special session to confirm an appointment to a judicial office under this section.

SOURCE: CON 7; (12)SJ9615.6. -->     SECTION 6. ARTICLE 7, SECTION 11 OF THE CONSTITUTION OF THE STATE OF INDIANA IS AMENDED TO READ AS FOLLOWS: Section 11. Tenure of Justices of Supreme Court and Judges of the Court of Appeals. (a) A justice of the Supreme Court or judge of the Court of Appeals shall serve until the next general election following the expiration of two (2) years from the date of appointment, and subject to approval or rejection by the electorate, shall continue to serve for terms of ten (10) years, so long as he the justice or judge retains his the office. In the case of a justice of the Supreme Court, the electorate of the entire state shall vote on the question of approval or rejection. In the case of judges a judge of the Court of Appeals, the electorate of the geographic district in which he the judge serves shall vote on the question of approval or rejection.
     (b) A justice or judge is retained in office only if the number of votes to retain the justice or judge is at least one (1) vote more than sixty percent (60%) of the total number of votes cast on the question of retention of the justice or judge.
     (c) Every such justice and judge shall retire at the age specified by statute in effect at the commencement of his the justice's or judge's current term.
    Every such (d) A justice or judge is disqualified from acting as a judicial officer, without loss of salary, while there is pending:
        (1) an indictment or information charging him the justice or judge in any court in the United States with a crime punishable as a felony under the laws of Indiana or the United States; or
        (2) a recommendation to the Supreme Court by the commission on judicial qualifications for his the justice's or judge's removal or retirement.
     (e) On recommendation of the commission on judicial qualifications or on its own motion, the Supreme Court may suspend such a justice or judge from office without salary when in any court in the United States he the justice or judge pleads guilty or no contest or is found guilty of a crime punishable as a felony under the laws of Indiana or the United States, or of any other crime that involves moral turpitude under

that law. If his the justice's or judge's conviction is reversed, the suspension terminates and he the justice or judge shall be paid his the justice's or judge's salary for the period of suspension. If he the justice or judge is suspended and his the justice's or judge's conviction becomes final, the Supreme Court shall remove him the justice or judge from office.
     (f) On recommendation of the commission on judicial qualifications the Supreme Court may:
        (1) retire such a justice or judge for disability that seriously interferes with the performance of his judicial duties and is or is likely to become permanent; and
        (2) censure or remove such a justice or judge, for action occurring not more than six (6) years prior to the commencement of his the justice's or judge's current term, when such action constitutes:
             (A) willful misconduct in office;
             (B) willful and persistent failure to perform his judicial duties;
             (C) habitual intemperance; or
             (D) conduct prejudicial to the administration of justice that brings the judicial office into disrepute.
     (g) A justice or judge so retired by the Supreme Court under subsection (f) shall be considered to have retired voluntarily. A justice or judge so removed by the Supreme Court is ineligible for judicial office and pending further order of the Supreme Court, he is suspended from practicing law in this State. Indiana.
     (h) Upon receipt by the Supreme Court of any such recommendation, the Supreme Court shall hold a hearing, at which such the justice or judge is entitled to be present, and make such determinations as shall be required. No A justice shall may not participate in the determination of such a hearing when it concerns himself. that justice.
     (i) The Supreme Court shall make rules implementing this section and provide for convening of hearings. Hearings and proceedings shall be public upon request of the justice or judge whom it concerns.
    No such (j) A justice or judge shall, may not, during his the justice's or judge's term of office, engage in the practice of law or run for elective office other than a judicial office. directly or indirectly make any contribution to, or hold any office in, a political party or organization or take part in any political campaign.

SOURCE: CON 7; (12)SJ9615.7. -->     SECTION 7. ARTICLE 7 OF THE CONSTITUTION OF THE STATE OF INDIANA IS AMENDED BY ADDING A NEW SECTION TO READ AS FOLLOWS: Section 22. A law, judicial rule, decree, or order may not abridge the freedom of a judge,

lawyer, candidate for judicial office, or any other person from doing any of the following:
        (1) Speaking, writing, or otherwise expressing the person's views freely regarding a political issue, political party, or candidate for office, including a candidate for a judicial office.
        (2) Making a donation of money, services, or property to a political party or a candidate for office, including a candidate for a judicial office.