SB 518-2_ Filed 04/01/2013, 11:12 Wesco


Text Box


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    WITHDRAWN        Noes _______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


[

HOUSE MOTION ____

]

MR. SPEAKER:

    I move that Engrossed Senate Bill 518 be amended to read as follows:

SOURCE: Page 7, line 31; (13)MO051804.7. -->     Page 7, between lines 31 and 32, begin a new paragraph and insert:
SOURCE: IC 3-8-1-17; (13)MO051804.12. -->     "SECTION 12. IC 3-8-1-17 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 17. A candidate for the office of judge of a superior or probate court must:
        (1) be admitted to the practice of law in Indiana upon filing a declaration of candidacy or petition of nomination, or upon the filing of a certificate of candidate selection under IC 3-13-1-15 or IC 3-13-2-8; and
        (2) comply with any other requirement for that office set forth in IC 33-29, IC 33-33, or IC 33-31.
SOURCE: IC 3-8-2-5; (13)MO051804.13. -->     SECTION 13. IC 3-8-2-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 5. A declaration of candidacy for:
        (1) a federal office;
        (2) a state office;
        (3) a legislative office; or
        (4) the local office of:
            (A) judge of a circuit, superior, probate, county, or small claims court; or
            (B) prosecuting attorney of a judicial circuit;
shall be filed with the secretary of state.".
SOURCE: Page 21, line 3; (13)MO051804.21. -->     Page 21, between lines 3 and 4, begin a new paragraph and insert:
SOURCE: IC 3-10-1-19; (13)MO051804.36. -->     "SECTION 36. IC 3-10-1-19, AS AMENDED BY P.L.6-2012, SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 19. (a) The ballot for a primary election shall be

printed in substantially the following form for all the offices for which candidates have qualified under IC 3-8:

OFFICIAL PRIMARY BALLOT

_________________ Party

    For paper ballots, print: To vote for a person, make a voting mark (X or .) on or in the box before the person's name in the proper column. For optical scan ballots, print: To vote for a person, darken or shade in the circle, oval, or square (or draw a line to connect the arrow) that precedes the person's name in the proper column. For optical scan ballots that do not contain a candidate's name, print: To vote for a person, darken or shade in the oval that precedes the number assigned to the person's name in the proper column. For electronic voting systems, print: To vote for a person, touch the screen (or press the button) in the location indicated.
            Vote for one (1) only
    Representative in Congress
        [] (1) AB    __________
        [] (2) CD    __________
        [] (3) EF    __________
        [] (4) GH    __________
    (b) Local public questions shall be placed on the primary election ballot after the voting instructions described in subsection (a) and before the offices described in subsection (e).
    (c) The local public questions described in subsection (b) shall be placed:
        (1) in a separate column on the ballot if voting is by paper ballot;
        (2) after the voting instructions described in subsection (a) and before the offices described in subsection (e), in the form specified in IC 3-11-13-11 if voting is by ballot card; or
        (3) as provided by either of the following if voting is by an electronic voting system:
            (A) On a separate screen for a public question.
            (B) After the voting instructions described in subsection (a) and before the offices described in subsection (e), in the form specified in IC 3-11-14-3.5.
    (d) A public question shall be placed on the primary election ballot in the following form:
(The explanatory text for the public question,

if required by law.)

"Shall (insert public question)?"

            [] YES
            [] NO
    (e) The offices with candidates for nomination shall be placed on the primary election ballot in the following order:
        (1) Federal and state offices:
            (A) President of the United States.
            (B) United States Senator.
            (C) Governor.
            (D) United States Representative.
        (2) Legislative offices:
            (A) State senator.
            (B) State representative.
        (3) Circuit offices and county judicial offices:
            (A) Judge of the circuit court, and unless otherwise specified under IC 33, with each division separate if there is more than one (1) judge of the circuit court.
            (B) Judge of the superior court, and unless otherwise specified under IC 33, with each division separate if there is more than one (1) judge of the superior court.
            (C) (B) Judge of the probate court.
            (D) (C) Prosecuting attorney.
            (E) (D) Circuit court clerk.
        (4) County offices:
            (A) County auditor.
            (B) County recorder.
            (C) County treasurer.
            (D) County sheriff.
            (E) County coroner.
            (F) County surveyor.
            (G) County assessor.
            (H) County commissioner.
            (I) County council member.
        (5) Township offices:
            (A) Township assessor (only in a township referred to in IC 36-6-5-1(d)).
            (B) Township trustee.
            (C) Township board member.
            (D) Judge of the small claims court.
            (E) Constable of the small claims court.
        (6) City offices:
            (A) Mayor.
            (B) Clerk or clerk-treasurer.
            (C) Judge of the city court.
            (D) City-county council member or common council member.
        (7) Town offices:
            (A) Clerk-treasurer.
            (B) Judge of the town court.
            (C) Town council member.
    (f) The political party offices with candidates for election shall be placed on the primary election ballot in the following order after the offices described in subsection (e):
        (1) Precinct committeeman.
        (2) State convention delegate.
    (g) The local offices to be elected at the primary election shall be placed on the primary election ballot after the offices described in subsection (f).
    (h) The offices described in subsection (g) shall be placed:
        (1) in a separate column on the ballot if voting is by paper ballot;
        (2) after the offices described in subsection (f) in the form specified in IC 3-11-13-11 if voting is by ballot card; or
        (3) either:
            (A) on a separate screen for each office or public question; or
            (B) after the offices described in subsection (f) in the form specified in IC 3-11-14-3.5;
        if voting is by an electronic voting system.
SOURCE: IC 3-10-2-11; (13)MO051804.37. -->     SECTION 37. IC 3-10-2-11, AS AMENDED BY P.L.201-2011, SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 11. (a) A judge of the circuit court shall be elected at:
        (1) the first general election following an appointment by the governor to fill a vacancy in the office of judge of the circuit court; or
        (2) the general election before the term of the judge expires under Article 7, Section 7 of the Constitution of the State of Indiana;
whichever occurs first, and every six (6) years thereafter.
    (b) Except as otherwise provided by law, judges a judge of the superior and probate courts court shall be elected at the general election before their terms the judge's term of office expire expires and every six (6) years thereafter.
     (c) Judges of the superior courts shall be selected under IC 33-27.1.".
SOURCE: Page 24, line 34; (13)MO051804.24. -->     Page 24, between lines 34 and 35, begin a new paragraph and insert:
SOURCE: IC 3-11-2-12; (13)MO051804.48. -->     "SECTION 48. IC 3-11-2-12, AS AMENDED BY P.L.6-2012, SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 12. The following offices shall be placed on the general election ballot in the following order after the public questions described in section 10(a) of this chapter:
        (1) Federal and state offices:
            (A) President and Vice President of the United States.
            (B) United States Senator.
            (C) Governor and lieutenant governor.
            (D) Secretary of state.
            (E) Auditor of state.
            (F) Treasurer of state.
            (G) Attorney general.
            (H) Superintendent of public instruction.
            (I) United States Representative.
        (2) Legislative offices:
            (A) State senator.
            (B) State representative.
        (3) Circuit offices and county judicial offices:
            (A) Judge of the circuit court, and unless otherwise specified under IC 33, with each division separate if there is more than one (1) judge of the circuit court.
            (B) Judge of the superior court, and unless otherwise specified under IC 33, with each division separate if there is more than one (1) judge of the superior court.
            (C) (B) Judge of the probate court.
            (D) (C) Prosecuting attorney.
            (E) (D) Clerk of the circuit court.
        (4) County offices:
            (A) County auditor.
            (B) County recorder.
            (C) County treasurer.
            (D) County sheriff.
            (E) County coroner.
            (F) County surveyor.
            (G) County assessor.
            (H) County commissioner.
            (I) County council member.
        (5) Township offices:
            (A) Township assessor (only in a township referred to in IC 36-6-5-1(d)).
            (B) Township trustee.
            (C) Township board member.
            (D) Judge of the small claims court.
            (E) Constable of the small claims court.
        (6) City offices:
            (A) Mayor.
            (B) Clerk or clerk-treasurer.
            (C) Judge of the city court.
            (D) City-county council member or common council member.
        (7) Town offices:
            (A) Clerk-treasurer.
            (B) Judge of the town court.
            (C) Town council member.".
SOURCE: Page 25, line 2; (13)MO051804.25. -->     Page 25, between lines 2 and 3, begin a new paragraph and insert:
SOURCE: IC 3-11-2-14; (13)MO051804.50. -->     "SECTION 50. IC 3-11-2-14, AS AMENDED BY P.L.190-2011, SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 14. (a) The following offices shall be placed on the general election ballot in the following order after the offices described in section 13 of this chapter:
        (1) Retention of a local judge.
        (2) Local nonpartisan judicial offices.
    (b) These offices shall be placed in a separate column on the ballot.
    (c) If the ballot contains a candidate for a local nonpartisan judicial office, the ballot must also contain a statement that reads substantially as follows: "To vote for a candidate for this office, make a voting mark on or in the square to the left of the candidate's name.".
    (d) (c) If more than one (1) question concerning the retention of a local judge is to be placed on a ballot, the questions shall be placed on the ballot:
        (1) in alphabetical order according to the surname of the local judge; and
        (2) identifying the court (including division or room) in which the judge serves.".
SOURCE: Page 61, line 33; (13)MO051804.61. -->     Page 61, between lines 33 and 34, begin a new paragraph and insert:
SOURCE: IC 3-13-1-15; (13)MO051804.96. -->     "SECTION 96. IC 3-13-1-15, AS AMENDED BY P.L.225-2011, SECTION 83, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 15. (a) A county chairman filling a candidate vacancy under section 6(a)(2) of this chapter or the chairman of a meeting filling a candidate vacancy under this chapter shall file a written certificate of candidate selection on a form prescribed by the commission stating the following information for each candidate selected:
        (1) The name of each candidate as:
            (A) the candidate wants the candidate's name to appear on the ballot; and
            (B) the candidate's name is permitted to appear on the ballot under IC 3-5-7.
        (2) The residence address of each candidate.
    (b) The certificate shall be filed with:
        (1) the election division for:
            (A) a committee acting under section 3, 4, 5, or 6(b) of this chapter; or
            (B) a committee acting under section 6(a) of this chapter to fill a candidate vacancy in the office of judge of a circuit, superior, probate, county, or small claims court or prosecuting attorney; or
        (2) the circuit court clerk, for a committee acting under section 6(a) of this chapter to fill a candidate vacancy for a local office not described in subdivision (1).
    (c) This subsection applies to a candidate vacancy resulting from a vacancy on the primary election ballot as described in section 2 of this chapter. The certificate required by subsection (a) shall be filed not later than noon July 3 before election day.
    (d) This subsection applies to all candidate vacancies not described by subsection (c). The certificate required by subsection (a) shall be filed not later than noon three (3) days (excluding Saturdays and Sundays) after selection of the candidates.
SOURCE: IC 3-13-2-8; (13)MO051804.97. -->     SECTION 97. IC 3-13-2-8, AS AMENDED BY P.L.2-2005, SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 8. (a) The chairman or chairmen filling a candidate vacancy under this chapter shall immediately file a written certificate of candidate selection on a form prescribed by the commission stating the following information for each candidate selected:
        (1) The name of each candidate as:
            (A) the candidate wants the candidate's name to appear on the ballot; and
            (B) the candidate's name is permitted to appear on the ballot under IC 3-5-7.
        (2) The residence address of each candidate.
    (b) The certificate shall be filed with:
        (1) the election division for:
            (A) one (1) or more chairmen acting under section 2, 3, 4, or 5(b) of this chapter; or
            (B) a committee acting under section 5(b) of this chapter to fill a candidate vacancy for the office of judge of a circuit, superior, probate, county, or small claims court or prosecuting attorney; or
        (2) the circuit court clerk of the county in which the greatest percentage of the population of the election district is located, for a chairman acting under section 5(a) of this chapter to fill a candidate vacancy for a local office not described in subdivision (1).
    (c) The certificate required by subsection (a) shall be filed not more than three (3) days (excluding Saturdays and Sundays) after selection of the candidate.".
SOURCE: Page 63, line 1; (13)MO051804.63. -->     Page 63, line 1, strike "or probate".
    Page 63, line 2, strike "by the governor subject to the following:".
    Page 63, strike lines 3 through 8.
    Page 63, line 9, strike "IC 5-8-6." and insert " IC 33-27.1.".
    Page 66, between lines 41 and 42, begin a new paragraph and insert:
SOURCE: IC 5-8-1-19; (13)MO051804.107. -->     "SECTION 107. IC 5-8-1-19, AS AMENDED BY P.L.201-2011, SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 19. (a) Under Article 7, Section 13 of the Constitution of the State of Indiana, whenever a circuit, superior, or probate 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.
    (c) If the judgment is against the judge of a circuit court, a judge of a probate court, or a prosecuting attorney, 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;
        (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.
     (d) If the judgment is against a judge of a superior court, the vacancy shall be filled under IC 33-27.1.".

SOURCE: Page 68, line 16; (13)MO051804.68. -->     Page 68, between lines 16 and 17, begin a new paragraph and insert:
SOURCE: IC 33-23-1-7; (13)MO051804.109. -->     "SECTION 109. IC 33-23-1-7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 7. "Judicial nominating commission", except as used in IC 33-27.1, IC 33-33-2, IC 33-33-45, and IC 33-33-71, means the commission described in Article 7, Section 9 of the Constitution of the State of Indiana.
SOURCE: IC 33-23-11-15; (13)MO051804.110. -->     SECTION 110. IC 33-23-11-15 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 15. (a) The statement of economic interests must be filed with the commission on judicial qualifications:
        (1) not later than February 1:
             (A) if the individual is required to file the statement as an officeholder; or
             (B) in the year a retention vote is scheduled for the candidate under IC 33-27.1; or
        (2) if a candidate for office, before the individual (or a political party officer acting on behalf of the individual) files:
            (A) a declaration of candidacy, if required under IC 3-8-2 or IC 3-8-4-11;
            (B) a certified petition of nomination with the Indiana election division under IC 3-8-6;
            (C) a certificate of nomination under IC 3-8-7-8;
            (D) a certificate of candidate selection under IC 3-13-1 or IC 3-13-2; or
            (E) a declaration of intent to be a write-in candidate, if required under IC 3-8-2.
    (b) In a county where judges are selected by a county commission on judicial qualifications, A candidate for the office of a superior court judge must file a statement with the county judicial nominating commission on judicial qualifications and with the commission on judicial qualifications.
SOURCE: IC 33-27.1; (13)MO051804.111. -->     SECTION 111. IC 33-27.1 IS ADDED TO THE INDIANA CODE AS A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]:
     ARTICLE 27.1. MERIT SELECTION OF SUPERIOR COURT JUDGES
    Chapter 1. General Provisions
    Sec. 1. This article applies to the selection of a judge of a superior court.
    Sec. 2. The definitions in this chapter apply throughout this article.
    Sec. 3. "Attorney member" refers to a member of a commission who is appointed under IC 33-27.1-3.
    Sec. 4. "Clerk" refers to the clerk of the circuit court in a county.
    Sec. 5. "Commission" refers to the judicial nominating commission established for a county under IC 33-27.1-2-1.
    Sec. 6. "Court" refers to a superior court.
    Sec. 7. "Nonattorney member" refers to a member of a commission who is appointed to the commission in the capacity of a nonattorney member under IC 33-27.1-4.
    Chapter 2. County Judicial Nominating Commission
    Sec. 1. A judicial nominating commission is established in each county.
    Sec. 2. The county executive shall provide the:
        (1) facilities;
        (2) equipment;
        (3) supplies; and
        (4) services;
necessary for the administration of the duties imposed on the commission.
    Sec. 3. The members of the commission serve without compensation. However, the county executive shall reimburse members of the commission for their actual expenses incurred in performing their duties.
    Sec. 4. The commission consists of the following seven (7) members:
        (1) Three (3) attorney members appointed under IC 33-27.1-3.
        (2) Three (3) nonattorney members appointed under IC 33-27.1-4.
        (3) A justice of the supreme court or a judge of the court of appeals appointed by the chief justice of the supreme court.
    Sec. 5. (a) The term of a member of the commission is four (4) years or until the member's successor is appointed and qualified. The term of a member begins October 1, 2013, and every four (4) years thereafter. However, a justice or judge appointed under section 4(3) of this chapter serves at the pleasure of the chief justice of the supreme court.
    (b) The commission shall select one (1) member of the commission to serve as chairperson of the commission.
    Sec. 6. Four (4) members of the commission constitute a quorum.
    Sec. 7. (a) Meetings of the commission shall be called by the chairperson, or if the chairperson fails to call a necessary meeting,

upon the call of any four (4) members of the commission.
    (b) When a meeting is called under this section, the commission shall give each member of the commission at least five (5) days written notice by mail of the date, time, and place of the meeting unless the commission at its previous meeting designated the date, time, and place of its next meeting.
    Sec. 8. Meetings of the commission must be held at the county courthouse or another place arranged by the clerk.
    Sec. 9. The commission may act only:
        (1) at a meeting; and
        (2) by the concurrence of a majority of its members attending a meeting.
    Sec. 10. The commission may adopt reasonable and proper rules for the conduct of its proceedings and the discharge of its duties.
    Chapter 3. Appointment of Attorney Members
    Sec. 1. The Indiana State Bar Association shall:
        (1) appoint three (3) attorney members
to the commission in each county in a manner prescribed by the Indiana State Bar Association;
        (2) provide a county bar association with the name of each attorney who is being considered for appointment in that county; and
        (3) consult with a county bar association before making appointments for that county.
    Sec. 2. The Indiana State Bar Association may delegate the appointment of attorney members under section 1 of this chapter to a county bar association.
    Sec. 3. A county bar association that is delegated appointment authority under section 2 of this chapter shall appoint attorney members
in a manner prescribed by the county bar association.
    Sec. 4. (a) To qualify to hold office as an attorney member of the commission, a person must:
        (1) be admitted to the practice of law in Indiana;
        (2) reside in the county for which the commission is established;
        (3) not have served as a member of the commission in the immediately preceding three (3) years;
        (4) not hold an office in a political party or organization; and
        (5) not hold any other elected public office.
    (b) If an attorney member of the commission terminates the attorney's residence in the county, the attorney is considered to have resigned from the commission.
    Sec. 5. Not more than two (2) attorney members may be members of the same political party.
    Sec. 6. An appointment under this chapter must be made not later than September 1 in the year that the term of the member's predecessor expires. If the appointing authority fails to make an

appointment as required under this chapter, the chief justice of the supreme court shall make the appointment before October 1 in the year that the member's term expires.
    Sec. 7. Not more than ten (10) days after making an appointment under this chapter, the appointing authority shall certify the appointment to the following:
        (1) The secretary of state.
        (2) The chief justice of the supreme court.
        (3) The clerk in the county.
    Sec. 8. Upon receipt of a certification under this chapter, the clerk shall notify the other members of the commission of the appointment.
    Sec. 9. (a) A vacancy on the commission involving an attorney member shall be filled for the balance of the vacating member's term in the manner prescribed for the appointment of the vacating member.
    (b) The clerk shall inform the:
        (1) appointing authority; and
        (2) chief justice of the supreme court;
of the existence of a vacancy described in subsection (a).
    (c) If the appointing authority fails to make an appointment under this section within thirty (30) days after the vacancy occurs, the chief justice of the supreme court shall make the appointment not later than sixty (60) days after the vacancy occurs.
    Chapter 4. Appointment of Nonattorney Members
    Sec. 1. (a) This section applies in a county in which the county executive has only three (3) members who are each elected from a different district in the county.
    (b) Each of the three (3) members of the county executive shall appoint one (1) nonattorney member.
    Sec. 2. (a) This section applies in a county to which section 1 of this chapter does not apply.
    (b) The county executive shall appoint three (3) nonattorney members to the commission by majority vote.
    Sec. 3. To qualify to hold office as a nonattorney member appointed under section 1 or 2 of this chapter, a person must:
        (1) reside in the:
            (A) district represented by the member of the county executive appointing the member, if the member is appointed under section 1 of this chapter; or
            (B) county, if the member is appointed under section 2 of this chapter;
        (2) not be an elected official or a salaried employee of the state or a political subdivision;
        (3) not be admitted to the practice of law in Indiana or another state;
        (4) not hold an office in a political party or organization; and


        (5) not have served as a member of the commission in the immediately preceding three (3) years.
    Sec. 4. Not more than two (2) of the nonattorney members may be members of the same political party.
    Sec. 5. (a) An appointment under section 1 or 2 of this chapter must be made not later than September 1 in the year that the term of the member's predecessor expires.
    (b) If the appointing authority fails to make an appointment as required under section 1 or 2 of this chapter, the chief justice of the supreme court shall make the appointment before October 1 in the year that the member's term expires.
    Sec. 6. Not more than ten (10) days after making an appointment under this chapter, the appointing authority shall certify the appointment to the following:
        (1) The secretary of state.
        (2) The chief justice of the supreme court.
        (3) The clerk of the county.
    Sec. 7. Upon receipt of a certification under this chapter, the clerk shall notify the other members of the commission of the appointment.
    Sec. 8. (a) A vacancy on the commission involving a nonattorney member shall be filled for the balance of the vacating member's term in the manner prescribed for the appointment of the vacating member.
    (b) The clerk shall inform the:
        (1) appointing authority; and
        (2) chief justice of the supreme court;
of the existence of a vacancy described in subsection (a).
    (c) If the appointing authority under section 1 or 2 of this chapter fails to make an appointment under this section within thirty (30) days after the vacancy occurs, the chief justice of the supreme court shall make the appointment not later than sixty (60) days after the vacancy occurs.
    Chapter 5. Nomination of Judicial Candidates; Qualifications of Candidates
    Sec. 1. When a vacancy occurs in a court, the clerk shall promptly notify the chairperson of the commission of the vacancy. The chairperson shall call a meeting of the commission not later than ten (10) days after the notice.
    Sec. 2. (a) The commission shall nominate the five (5) individuals that the commission believes to be the most highly qualified candidates for each vacancy from among all the eligible individuals considered.
    (b) If at least two (2) vacancies exist for a court in a judicial circuit, the commission shall nominate a list of five (5) different individuals for each of the vacancies.
    (c) If the commission determines that there are less than five (5)

individuals qualified to fill a vacancy, the commission may nominate a lesser number. Notwithstanding IC 33-27.1-2-9(2), a determination under this subsection must be by the affirmative vote of at least five (5) members of the commission.
    Sec. 3. To be eligible for nomination as a judge of a court, an individual must:
        (1) be a resident of the judicial circuit;
        (2) be a citizen of the United States;
        (3) be admitted to the practice of law in Indiana;
        (4) not have been rejected as judge for the court in an election under IC 33-27.1-9 that created the vacancy; and
        (5) not be disqualified under IC 3-8-1-5.
However, the rejection of a judge under IC 33-27.1-9 does not disqualify the rejected judge from being considered for another judicial office then vacant or thereafter becoming vacant.
    Sec. 4. The commission shall evaluate in writing each eligible individual on the following factors:
        (1) Law school record, including any academic honors and achievements.
        (2) Contributions to scholarly journals and publications, legislative drafts, and legal briefs.
        (3) Activities in public service, including:
            (A) writings and speeches concerning public or civic affairs that are on public record, including campaign speeches or writing, letters to newspapers, and testimony before public agencies;
            (B) efforts and achievements in improving the administration of justice; and
            (C) other conduct relating to the profession of the candidate.
        (4) Legal experience, including the number of years practicing law, 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, the ability to compromise and conciliate, patience, decisiveness, and dedication.
        (8) Membership on boards of directors, financial interests, and any other considerations that might create a conflict of interest with a judicial office.
        (9) Any other information the commission believes is important in selecting the best qualified individuals for judicial office.
    Sec. 5. The commission may consider the:
        (1) political affiliation of an eligible individual to remedy a

political imbalance among sitting superior court judges; or
        (2) race, gender, or other personal characteristics of an eligible individual to ensure diversity among sitting superior court judges;
as a factor secondary to the factors in section 4 of this chapter.
    Sec. 6. Written evaluations may 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 a vacancy.
    Sec. 7. If a vacancy occurs in a judicial circuit that encompasses more than one (1) county, an act required under this chapter or IC 33-27.1-6 shall be taken jointly by each commission in the judicial circuit. The clerk of the county that has the largest population in the judicial circuit shall notify each commission of the existence of a vacancy.
    Chapter 6. Submission of Names to the Governor; Public Access
    Sec. 1. (a) The commission shall certify the names of the candidates nominated to fill a vacancy to the governor as promptly as possible after the commission begins its deliberations.
    (b) Nominations must be certified not later than sixty (60) days after the vacancy occurs.
    (c) If:
        (1) the clerk is informed that a vacancy will occur at a definite future date within the term of the governor then serving; and
        (2) the vacancy has not yet occurred;
the clerk shall notify the commission immediately, and the commission may, not more than fifty (50) days after the notice of vacancy, make and submit its nominations for the vacancy.
    Sec. 2. The commission shall submit with the list of nominees to the governor its written evaluation of the qualifications of each candidate. The names and written evaluations shall be publicly disclosed.
    Sec. 3. Each eligible candidate whose name was not submitted to the governor is entitled to access to any evaluation on the candidate by the commission and the right to make the evaluation public. Otherwise, the evaluation is confidential.
    Sec. 4. After the commission has nominated and submitted to the governor the names of the nominees for appointment to fill a vacancy in a court:
        (1) a name may be withdrawn for a cause considered by the commission to be of a substantial nature affecting the nominee's qualifications to hold office; and
        (2) another name may be substituted at any time before the appointment is made to fill the vacancy.
    Sec. 5. (a) If a nominee dies or requests in writing that the nominee's name be withdrawn, the commission shall nominate another person to replace the withdrawing nominee.
    (b) If at least two (2) vacancies exist in a court in a judicial

circuit, the commission may, before an appointment is made:
        (1) withdraw the lists of nominations;
        (2) change the names of any persons nominated from one (1) list to another and resubmit the lists as changed; or
        (3) substitute a new name for any of those previously nominated.
    Sec. 6. If a commission determines under IC 33-27.1-5-2(c) that, of the persons considered for any existing or expected vacancy in the court, less than five (5) are qualified for judicial office, the commission shall certify that determination to the governor with the names of the nominees for the vacancy.
    Chapter 7. Judicial Appointments
    Sec. 1. A vacancy occurring in a court shall be filled by appointment of the governor from a list of nominees presented to the governor by the commission for the judicial circuit where the vacancy occurred.
    Sec. 2. If the governor fails to make an appointment from the list not later than sixty (60) days after the day the list is presented to the governor, the appointment shall be made by the chief justice or acting chief justice of the supreme court from the same list presented to the governor.
    Sec. 3. The governor shall:
        (1) make all appointments to a court without regard to the political affiliation of any of the nominees submitted to the governor; and
        (2) consider only those qualifications of the nominees set forth in
IC 33-27.1-5-4.
    Sec. 4. An appointment under this chapter takes effect:
        (1) immediately, if a vacancy exists on the date of the appointment; or
        (2) on the date the vacancy is created, if a vacancy does not exist on the date of the appointment.
    Chapter 8. Term of Office; Limitation on Practice
    Sec. 1. Each judge appointed under IC 33-27.1-7 shall serve an initial term that:
        (1) begins on the effective date of the judge's appointment; and
        (2) continues through December 31 in the year of the general election that follows the expiration of two (2) years after the effective date of the appointment.
    Sec. 2. (a) Except as provided in section 1 of this chapter, the term of a judicial office is six (6) years.
    (b) Except as provided in section 1 of this chapter, a term of office begins on January 1 following the expiration of the preceding term.
    (c) A judge serves until the judge's successor is selected and qualified.


    Sec. 3. During a judge's term of office, the judge may not do the following:
        (1) Engage in the practice of law.
        (2) Run for an elective office other than a judicial office.
        (3) Directly or indirectly make any contributions to, or hold any office in, a political party or organization.
        (4) Take part in any political campaign except the judge's campaign for judicial office.
    Sec. 4. Failure to comply with section 3 of this chapter is sufficient cause for the commission with jurisdiction over the judge to recommend to the supreme court that the judge be censured or removed from office.
    Chapter 9. Retention Vote
    Sec. 1. The question of the retention in office or rejection of each judge of a court shall be submitted to the electorate of the judicial circuit at the general election immediately preceding the expiration of the term of that judge.
    Sec. 2. (a) If a judge does not desire to serve a further term, the judge shall notify the clerk in writing at least sixty (60) days before the general election immediately preceding the expiration of the judge's term.
    (b) If a judge provides notice under subsection (a):
        (1) the question of the judge's retention in office or rejection may not be submitted to the electorate; and
        (2) the office of the judge is vacant at the expiration of the term.
    Sec. 3. The county election board for each county in the judicial circuit shall submit the question of the retention in office of any judge to the electorate of the county. The submission of this question is subject to the provisions of IC 3 that are not inconsistent with this chapter.
    Sec. 4. (a) At the general election, the question of the retention in office of a judge shall be submitted to the electorate of the county in the form prescribed by IC 3-11-2.
    (b) The question must state:
        "Shall Judge (insert name) of the (name of court) be retained in office for an additional term?".
    Sec. 5. (a) If a majority of the ballots cast by the electors voting on the question is "No", the judge whose name appeared on the question shall be rejected.
    (b) The office of a rejected judge is vacant on January 1 following the rejection.

    Chapter 10. Transition to Merit Selection of Superior Court Judges
    Sec. 1. Notwithstanding any other law, this article applies to judicial vacancies occurring in a superior court after December 31, 2013.
    Sec. 2. (a) A person who is:
        (1) a judge of a superior court on June 30, 2013; or
        (2) appointed as a judge to serve the unexpired term of a person who is the judge of a superior court on June 30, 2013;
shall be treated as if the judge had been appointed by the governor under this article. The judge may continue after June 30, 2013, to serve the unexpired part of the judge's term of office.
    (b) A judge described in subsection (a) may serve a successive term if retained in office in an election held under IC 33-27.1-9.

SOURCE: IC 33-29-1-3; (13)MO051804.112. -->     SECTION 112. IC 33-29-1-3, AS AMENDED BY P.L.201-2011, SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 3. (a) A standard superior court judge is elected at the general election every six (6) years in the county in which the court is located. The judge's term begins January 1 following the election and ends December 31 following the election of the judge's successor.
    (b) To be eligible to hold office as a judge of a standard superior court, a person must be:
        (1) a resident of the county in which the court is located; and
        (2) admitted to practice law in Indiana.
shall be selected under IC 33-27.1.
SOURCE: IC 33-29-1-10; (13)MO051804.113. -->     SECTION 113. IC 33-29-1-10 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 10. (a) The judge of the circuit court of the county in which the standard superior court is located may, with the consent of the judge of the standard superior court, sit as a judge of the standard superior court in any matter as if the circuit court judge were an elected a judge of the standard superior court.
    (b) The judge of a standard superior court may, with the consent of the judge of the circuit court, sit as the judge of the circuit court of the county in which the standard superior court is located in any matter as if the judge of the standard superior court were the elected judge of the circuit court.".
SOURCE: Page 71, line 11; (13)MO051804.71. -->     Page 71, after line 11, begin a new paragraph and insert:
SOURCE: ; (13)MO051804.120. -->     "SECTION 120. [EFFECTIVE JULY 1, 2013] (a) The legislative services agency shall prepare legislation for introduction in the 2014 regular session of the general assembly to:
        (1) amend and repeal provisions in IC 33-33; and

        (2) organize and correct any other statutes, if necessary;
affected by IC 33-27.1, as added by this act.
    (b) This SECTION expires December 31, 2014.
".


    Renumber all SECTIONS consecutively.
    (Reference is to ESB 518 as printed March 29, 2013.)

________________________________________

Representative Wesco


MO051804/DI 69     2013