Judicial selection in Indiana

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Judicial selection in Indiana
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Indiana Supreme Court
Method:   Assisted appointment
Term:   2 or 10 years[1]
Indiana Court of Appeals
Method:   Assisted appointment
Term:   2 or 10 years[2]
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:

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.[3] Judges' terms begin on January 1 following their election.[4]

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.[3][5] 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.[5]

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.[6]

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).[3]

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.[5] 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.[5]

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.[3][5] 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.[6] The map below highlights how vacancies are filled in state supreme courts across the country.

See also

State courts Appointment methods Election methods
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Ballotpedia Elections Badge-VOTE.png
State supreme courts
Intermediate appellate courts
Trial courts
Assisted appointment
Court appointment
Gubernatorial appointment
Legislative election
Municipal government selection
Partisan election
Nonpartisan election
Michigan method

External links

Footnotes

  1. Following his or her appointment, judges must stand for retention at the first even-year, statewide general election after he or she has served two full years. Subsequent terms are 10 years.
  2. Following his or her appointment, judges must stand for retention at the first even-year, statewide general election after he or she has served two full years. Subsequent terms are 10 years.
  3. 3.00 3.01 3.02 3.03 3.04 3.05 3.06 3.07 3.08 3.09 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 National Center for State Courts, "Method of Judicial Selection: Indiana," accessed Aug. 23, 2021
  4. Indiana General Assembly, "Title 33. Courts and Court Officers," accessed Aug. 23, 2021
  5. 5.00 5.01 5.02 5.03 5.04 5.05 5.06 5.07 5.08 5.09 5.10 State of Indiana, "Judicial Nominating Commission Fact Sheet," accessed Aug. 23, 2021
  6. 6.0 6.1 State of Indiana, "About the Court," accessed Aug. 23, 2021
  7. 7.0 7.1 7.2 7.3 State of Indiana, "Indiana's Judicial Retention System," accessed Aug. 23, 2021
  8. 8.0 8.1 State of Indiana, "Court of Appeals Districts," accessed Aug. 23, 2021
  9. State of Indiana, "Judges of the Court of Appeals," accessed Aug. 23, 2021
  10. 10.0 10.1 10.2 10.3 10.4 State of Indiana, "How judges are selected in Indiana," accessed Aug. 23, 2021
  11. This does not apply to judges of the county division in the Lake County superior court, who are instead elected in partisan elections.
  12. State of Indiana, "Structure of Indiana courts," accessed Aug. 23, 2021
  13. 13.0 13.1 St. Joseph County, "Probate Court," accessed Aug. 23, 2021
  14. Indiana General Assembly, "Indiana Code 33-26-2-2," accessed February 11, 2025
  15. 15.0 15.1 Indiana General Assembly, "Article 31. Probate Courts," accessed Aug. 23, 2021
  16. 16.0 16.1 Indiana General Assembly, "Article 34. Marion County Small Claims Courts," accessed Aug. 23, 2021
  17. Indy.gov, "How to File a Small Claims Case," accessed Aug. 23, 2021
  18. Indiana General Assembly, "IC 3-13-10-5 Office of judge or constable of small claims court," accessed Aug. 23, 2021
  19. Indiana General Assembly, "IC 3-8-1-30 Small claims court judge," accessed Aug. 23, 2021
  20. Indiana General Assembly, "Article 35. City and Town Courts," accessed Aug. 23, 2021
  21. Indiana Association of City and Town Court Judges," accessed Aug. 23, 2021
  22. National Center for State Courts, "History of Reform Efforts: Indiana," accessed Aug. 23, 2021
  23. U.S. Courts, "FAQ: Federal Judges," accessed March 26, 2015
  24. American Bar Association, "Judicial Selection: The Process of Choosing Judges," accessed August 10, 2021