SB 518-3_ Filed 04/01/2013, 11:15 Wesco
PREVAILED Roll Call No. _______
FAILED Ayes _______
WITHDRAWN Noes _______
RULED OUT OF ORDER
HOUSE MOTION ____
I move that Engrossed Senate Bill 518 be amended to read as follows:
SOURCE: Page 20, line 16; (13)MO051805.20. -->
Page 20, between lines 16 and 17, begin a new paragraph and insert:
SOURCE: IC 3-9-2-14; (13)MO051805.33. -->
"SECTION 33. IC 3-9-2-14 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2013]: Sec. 14. (a) This section does not apply to contributions
made by a candidate for judge of the St. Joseph superior court to
pay expenses connected with the candidate's candidacy.
(b) A candidate for judge of the St. Joseph superior court may
(1) a contribution from any political party, political action
committee, or regular party committee; or
(2) contributions that total more than:
(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) from all sources;
to pay expenses connected with the candidate's candidacy.".
SOURCE: Page 68, line 29; (13)MO051805.68. -->
Page 68, between lines 29 and 30, begin a new paragraph and insert:
SOURCE: IC 33-33-71-5; (13)MO051805.102. -->
"SECTION 102. IC 33-33-71-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: 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:
(1) begins January 1 following the judge's election; and
(2) ends December 31 following the election of the judge's
SOURCE: IC 33-33-71-5.3; (13)MO051805.103. -->
SECTION 103. IC 33-33-71-5.3 IS ADDED TO THE INDIANA
CODE AS A NEW
SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: 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 that:
(1) is adapted from the form prescribed under IC 3-8-2;
(2) is signed by the candidate; and
(3) designates which judgeship the candidate seeks.
A declaration that does not include the designation required by
subdivision (3) 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
(1) must be a citizen of the United States;
(2) must be a resident of St. Joseph County;
(3) must be admitted to the practice of law in Indiana;
(4) must have at least five (5) years of experience in the active
practice of law;
(5) may not previously have had any disciplinary sanction
imposed upon the candidate by:
(A) the supreme court disciplinary commission of Indiana;
(B) any similar body in another state; and
(6) may not previously have been convicted of any felony.
If a person does not qualify under this subsection, the person may
not be listed on the ballot as a candidate.
(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; (13)MO051805.104. -->
SECTION 104. IC 33-33-71-36 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 36. (a) When a vacancy
occurs in the St. Joseph superior court that is 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
(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; (13)MO051805.105. -->
SECTION 105. IC 33-33-71-40 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 40. (a) A vacancy
occurring in the St. Joseph superior court that is created by the
departure of a judge before the expiration of the judge's term of
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
(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; (13)MO051805.106. -->
SECTION 106. IC 33-33-71-41 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: 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
SOURCE: IC 33-33-71-42; (13)MO051805.107. -->
SECTION 107. IC 33-33-71-42 IS REPEALED [EFFECTIVE JULY
Sec. 42. (a) Each judge appointed serves an initial term that
begins on the effective date of the judge's appointment and 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 judge's
(b) Thereafter, unless rejected by the electorate of St. Joseph County
under this chapter, each judge of the St. Joseph superior court serves
successive six (6) year terms. Each successive six (6) year term begins
on the first day of January following the expiration of the preceding
initial term or the preceding six (6) year term and continues for six (6)
SOURCE: IC 33-33-71-43; (13)MO051805.108. -->
SECTION 108. IC 33-33-71-43 IS REPEALED [EFFECTIVE JULY
Sec. 43. (a) The question of the retention in office or rejection
of each judge of the St. Joseph superior court shall be submitted to the
electorate of St. Joseph County at the general election immediately
preceding expiration of the term of that judge.
(b) If a judge subject to this chapter does not desire to serve a
further term, the judge shall notify the judge's intention in writing to the
clerk of the St. Joseph circuit court at least sixty (60) days before the
general election immediately preceding expiration of the judge's term
in which case the question of the judge's retention in office or rejection
may not be submitted to the electorate, and the office is vacant at the
expiration of the term.
(c) The St. Joseph County election board shall submit the question
of the retention in office or rejection of any judge to the electorate of
St. Joseph County. The submission of this question is subject to the
provisions of IC 3 that are not inconsistent with this chapter.
(d) At the general election, the question of the retention in office or
rejection of a judge shall be submitted to the electorate of St. Joseph
County in the form prescribed by IC 3-11 and must state "Shall Judge
(insert name) of the St. Joseph superior court be retained in office for
an additional term?".
(e) If a majority of the ballots cast by the electors voting on the
question is "No", the judge whose name appeared on such question is
rejected. The office of the rejected judge is vacant on January 1
following the rejection. The vacancy shall be filled by appointment of
the governor under section 40 of this chapter. The name of the rejected
judge may not be included among those submitted to the governor.
However, the judge's rejection does not disqualify a rejected judge
from being considered for another judicial office that becomes vacant.
SOURCE: IC 33-33-71-44; (13)MO051805.109. -->
SECTION 109. IC 33-33-71-44 IS REPEALED [EFFECTIVE JULY
Sec. 44. (a) During a term of office, a judge of the St. Joseph
superior court may not engage in the practice of law, run for an elective
office other than a judicial office, or directly or indirectly make any
contributions to or hold any office in a political party or organization.
A judge may not take part in any political campaign except as a
candidate for retention in judicial office and, in that event, the judge's
campaign participation must be absolutely devoid of partisan
association and be limited to activities designed to acquaint the
electorate with the judge's judicial record.
(b) Failure to comply with this section is sufficient cause for the
commission on judicial qualifications established by section 45 of this
chapter to recommend to the supreme court that the judge be censured
or removed from office.
SOURCE: IC 33-33-71-68; (13)MO051805.110. -->
SECTION 110. IC 33-33-71-68 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: 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
(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 33-33-71-70; (13)MO051805.111. -->
SECTION 111. IC 33-33-71-70 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 70. (a) Notwithstanding the
amendment and repeal of provisions in this chapter in legislation
enacted in 2013, the term of a judge in office in the St. Joseph
superior court on June 30, 2013, does not terminate until the date
that the term would have terminated under the law in effect on
June 30, 2013.
(b) The initial nonpartisan election under this chapter, as
amended by legislation enacted in 2013, to fill a judge's position on
the St. Joseph superior court is the general election immediately
preceding the date on which the term of the judge occupying the
position on June 30, 2013, would have terminated under the law in
effect on June 30, 2013.
(c) This section expires January 2, 2019.".
Renumber all SECTIONS consecutively.
(Reference is to ESB 518 as printed March 29, 2013.)
MO051805/DI 75 2013