Judicial selection in Indiana

Judicial selection in Indiana
Indiana Supreme Court
Method:	Assisted appointment
Term:	2 or 10 years
Indiana Court of Appeals
Method:	Assisted appointment
Term:	2 or 10 years
Indiana Circuit Courts
Method:	Partisan election
Term:	6 years
Indiana Superior Courts
Method:	Partisan election
Term:	6 years

Judicial selection refers to the process used to select judges for courts. At the state level, methods of judicial selection vary substantially in the United States, and in some cases between different court types within a state. There are six primary types of judicial selection: partisan and nonpartisan elections, the Michigan method, assisted appointment, gubernatorial appointment, and legislative elections. To read more about how these selection methods are used across the country, click here.

This article covers how state court judges are selected in Indiana, including:

• Supreme Court,
• Court of Appeals,
• Circuit Court,
• Superior Court,
• Limited jurisdiction courts

As of March 2023, Supreme Court and Court of Appeals judges in Indiana were selected through the assisted appointment method, where the governor selects a nominee from a list provided by a nominating commission. Most Superior Court and Circuit Court judges were selected through partisan elections, though some exceptions exist where judges were selected through nonpartisan elections or by assisted appointment. Judges seeking to serve more than one term must stand for retention or re-election, depending on the position's selection method. Judges' terms begin on January 1 following their election.

Click here to notify us of changes to judicial selection methods in this state.

Indiana Supreme Court

See also: Indiana Supreme Court

The five justices on the Indiana Supreme Court are selected through the assisted appointment method. The Indiana Judicial Nominating Commission is responsible for providing the names of three nominees to the governor, who must then select a justice from that list. The commission is made up of six voting members from the three geographic districts covered by the Indiana Court of Appeals. Members include three attorneys, elected by attorneys in their respective geographic districts, and three non-attorneys, appointed by the governor. The chief justice or his or her designee serves as an ex officio member of the commission.

Justices serve at least two years following their initial appointment. They must stand for retention at the first statewide general election to remain in office. If retained, justices serve a ten-year term and must stand for retention every ten years after that point to remain in office.

Qualifications

To serve on this court, a judge must be:

• a U.S. citizen;
• an Indiana resident;
• admitted to practice law in the state for at least 10 years or have served as a trial court judge for at least five years; and
• under the age of 75 (retirement at 75 is mandatory).

Chief Justice

The chief justice is selected by the Indiana Judicial Nominating Commission from the members of the supreme court and serves a five-year term. In the event of a vacancy, the justice with the longest tenure on the supreme court serves as acting chief justice until the nominating commission fills the position.

Vacancies

See also: How vacancies are filled in state supreme courts

If a midterm vacancy occurs on the court, the position is filled as it normally would be had the vacancy occurred at the end of a justice's term. The Indiana Judicial Nominating Commission provides the names of three nominees to the governor, who must then select a justice from that list. The new appointee serves at least two years following his or her initial appointment and must stand for retention at the first statewide general election to remain in office. The map below highlights how vacancies are filled in state supreme courts across the country.