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)


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.
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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.