February 8, 2013
SENATE BILL No. 103
_____
DIGEST OF SB 103
(Updated February 6, 2013 11:08 am - DI 106)
Citations Affected: IC 33-27.
Synopsis: Judicial nominating commission. Provides that the
nonattorney members of the judicial nominating commission shall be
appointed by the governor from a list of recommended candidates
submitted by the president pro tempore of the senate, the speaker of the
house of representatives, the minority leader of the senate, and the
minority leader of the house of representatives.
Effective: July 1, 2013.
Steele
January 7, 2013, read first time and referred to Committee on Judiciary.
February 7, 2013, reported favorably _ Do Pass.
February 8, 2013
First Regular Session 118th General Assembly (2013)
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SENATE BILL No. 103
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 33-27-1-6; (13)SB0103.1.1. -->
SECTION 1. IC 33-27-1-6 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2013]: Sec. 6. "Recommending member" means the:
(1) president pro tempore of the senate;
(2) speaker of the house of representatives;
(3) minority leader of the senate; and
(4) minority leader of the house of representatives.
SOURCE: IC 33-27-2-1; (13)SB0103.1.2. -->
SECTION 2. IC 33-27-2-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1. (a) The governor
shall appoint three (3) nonattorney citizens of Indiana, one (1) each
from the First District, the Second District, and the Third District of the
court of appeals, as commissioners of the judicial nominating
commission from a list of recommended candidates submitted by:
(1) the president pro tempore of the senate;
(2) the speaker of the house of representatives;
(3) the minority leader of the senate; and
(4) the minority leader of the house of representatives;
in accordance with section 1.5 of this chapter.
(b) One (1) month before the expiration of a term of office of a
nonattorney commissioner, the governor shall either reappoint the
commissioner as provided in section 5 of this chapter or appoint a new
nonattorney commissioner. All appointments made by the governor to
the judicial nominating commission shall be certified to the secretary
of state and to the clerk of the supreme court not later than ten (10)
days after the appointment.
(c) Except as provided in subsection (e), the governor shall appoint
each nonattorney commissioner for a term of three (3) years.
(d) An appointed nonattorney commissioner must reside in the court
of appeals district for which the nonattorney commissioner was
appointed. A nonattorney commissioner is considered to have resigned
the position if the residency of the nonattorney commissioner changes
from the court of appeals district for which the nonattorney
commissioner was appointed.
(e) When a vacancy occurs in the office of a nonattorney
commissioner, the chairman chairperson of the commission shall
promptly notify in writing the governor, the president pro tempore
of the senate, the speaker of the house of representatives, the
minority leader of the senate, and the minority leader of the house
of representatives. in writing. Vacancies in the office of nonattorney
commissioners shall be filled by appointment by the governor not later
than sixty (60) thirty (30) days after the governor receives notice of the
vacancy the list of recommended candidates described in subsection
(a). The term of the nonattorney commissioner appointed to fill the
vacancy is for the unexpired term of the member whose vacancy the
new nonattorney commissioner has filled.
(f) If, not later than thirty (30) days after receiving notice of a
vacancy in the office of a nonattorney commissioner, the
recommending members have not submitted to the governor a list
containing at least two (2) recommended candidates who meet the
requirements of this chapter, the governor may reappoint the
nonattorney member currently serving or may appoint a new
member of the governor's choosing who meets the other
requirements of this chapter.
SOURCE: IC 33-27-2-1.5; (13)SB0103.1.3. -->
SECTION 3. IC 33-27-2-1.5 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2013]:
Sec. 1.5. (a) Each recommending member shall
recommend to the governor one (1) individual as a candidate for
selection by the governor as a commissioner of the judicial
nominating commission.
(b) An individual selected by a recommending member as a
candidate for selection by the governor must reside in the court of
appeals district for which the nonattorney commissioner is
appointed.
(c) A recommending member shall recommend a candidate to
the governor not later than thirty (30) days after receiving notice
of the vacancy from the chairperson of the commission.