Judicial selection in Indiana
Judicial selection in Indiana | |
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]
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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
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
External links
Footnotes
- ↑ 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.
- ↑ 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.
- ↑ 3.00 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
- ↑ Indiana General Assembly, "Title 33. Courts and Court Officers," accessed Aug. 23, 2021
- ↑ 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
- ↑ 6.0 6.1 State of Indiana, "About the Court," accessed Aug. 23, 2021
- ↑ 7.0 7.1 7.2 7.3 State of Indiana, "Indiana's Judicial Retention System," accessed Aug. 23, 2021
- ↑ 8.0 8.1 State of Indiana, "Court of Appeals Districts," accessed Aug. 23, 2021
- ↑ State of Indiana, "Judges of the Court of Appeals," accessed Aug. 23, 2021
- ↑ 10.0 10.1 10.2 10.3 10.4 State of Indiana, "How judges are selected in Indiana," accessed Aug. 23, 2021
- ↑ This does not apply to judges of the county division in the Lake County superior court, who are instead elected in partisan elections.
- ↑ State of Indiana, "Structure of Indiana courts," accessed Aug. 23, 2021
- ↑ 13.0 13.1 St. Joseph County, "Probate Court," accessed Aug. 23, 2021
- ↑ Indiana General Assembly, "Indiana Code 33-26-2-2," accessed February 11, 2025
- ↑ 15.0 15.1 Indiana General Assembly, "Article 31. Probate Courts," accessed Aug. 23, 2021
- ↑ 16.0 16.1 Indiana General Assembly, "Article 34. Marion County Small Claims Courts," accessed Aug. 23, 2021
- ↑ Indy.gov, "How to File a Small Claims Case," accessed Aug. 23, 2021
- ↑ Indiana General Assembly, "IC 3-13-10-5 Office of judge or constable of small claims court," accessed Aug. 23, 2021
- ↑ Indiana General Assembly, "IC 3-8-1-30 Small claims court judge," accessed Aug. 23, 2021
- ↑ Indiana General Assembly, "Article 35. City and Town Courts," accessed Aug. 23, 2021
- ↑ Indiana Association of City and Town Court Judges," accessed Aug. 23, 2021
- ↑ National Center for State Courts, "History of Reform Efforts: Indiana," accessed Aug. 23, 2021
- ↑ U.S. Courts, "FAQ: Federal Judges," accessed March 26, 2015
- ↑ American Bar Association, "Judicial Selection: The Process of Choosing Judges," accessed August 10, 2021
Federal courts:
Seventh Circuit Court of Appeals • U.S. District Court: Northern District of Indiana, Southern District of Indiana • U.S. Bankruptcy Court: Northern District of Indiana, Southern District of Indiana
State courts:
Indiana Supreme Court • Indiana Court of Appeals • Indiana Tax Court • Indiana Superior Courts • Indiana Circuit Courts • Indiana City Courts • Indiana County Courts • Indiana Municipal Courts • Indiana Small Claims Courts • St. Joseph County Probate Court • Indiana Town Courts
State resources:
Courts in Indiana • Indiana judicial elections • Judicial selection in Indiana