Article 7. - Judicial.
Section 1. Judicial Power. The judicial power of the State shall be
vested in one Supreme Court, one Court of Appeals, Circuit Courts,
and such other courts as the General Assembly may establish.
(History: As Amended March 14, 1881; November 3, 1970).
Section 2. Supreme Court. The Supreme Court shall consist of the
Chief Justice of the State and not less than four nor more than eight
associate justices; a majority of whom shall form a quorum. The court
may appoint such personnel as may be necessary.
(History: As Amended November 3, 1970).
Section 3. Chief Justice. The Chief Justice of the State shall be
selected by the judicial nominating commission from the members of
the Supreme Court and he shall retain that office for a period of five
years, subject to reappointment in the same manner, except that a
member of the Court may resign the office of Chief Justice without
resigning from the Court. During a vacancy in the office of Chief
Justice caused by absence, illness, incapacity or resignation all powers
and duties of that office shall devolve upon the member of the Supreme
Court who is senior in length of service and if equal in length of service
the determination shall be by lot until such time as the cause of the
vacancy is terminated or the vacancy is filled.
The Chief Justice of the State shall appoint such persons as the
General Assembly by law may provide for the administration of his
office. The Chief Justice shall have prepared and submit to the General
Assembly regular reports on the condition of the courts and such other
reports as may be requested.
(History: As Amended November 3, 1970).
Section 4. The Supreme Court shall have no original jurisdiction
except in admission to the practice of law; discipline or disbarment of
those admitted; the unauthorized practice of law; discipline, removal
and retirement of justices and judges; supervision of the exercise of
jurisdiction by the other courts of the State; and issuance of writs
necessary or appropriate in aid of its jurisdiction. The Supreme Court
shall exercise appellate jurisdiction under such terms and conditions as
specified by rules except that appeals from a judgment imposing a
sentence of death shall be taken directly to the Supreme Court. The
Supreme Court shall have, in all appeals of criminal cases, the power
to review all questions of law and to review and revise the sentence
imposed.
(History: As Amended November 3, 1970; November 8, 1988;
November 7, 2000).
Section 5. Court of Appeals. The Court of Appeals shall consist of as many geographic districts and sit at such locations as the General Assembly shall determine to be necessary. Each geographic district of the Court shall consist of three judges. The judges of each geographic
district shall appoint such personnel as the General Assembly may
provide by law.
(History: As Amended November 3, 1970).
Section 6. Jurisdiction of Court of Appeals. The Court shall have no
original jurisdiction, except that it may be authorized by rules of the
Supreme Court to review directly decisions of administrative agencies.
In all other cases, it shall exercise appellate jurisdiction under such
terms and conditions as the Supreme Court shall specify by rules which
shall, however, provide in all cases an absolute right to one appeal and
to the extent provided by rule, review and revision of sentences for
defendants in all criminal cases.
(History: As Amended November 3, 1970).
Section 7. Judicial Circuits. The State shall, from time to time, be
divided into judicial circuits; and a Judge for each circuit shall be
elected by the voters thereof. He shall reside within the circuit and shall
have been duly admitted to practice law by the Supreme Court of
Indiana; he shall hold his office for the term of six years, if he so long
behaves well.
(History: As Amended November 3, 1970).
Section 8. Circuit Courts. The Circuit Courts shall have such civil
and criminal jurisdiction as may be prescribed by law.
(History: As Amended November 3, 1970).
Section 9. Judicial Nominating Commission. There shall be one
judicial nominating commission for the Supreme Court and Court of
Appeals. This commission shall, in addition, be the commission on
judicial qualifications for the Supreme Court and Court of Appeals.
The judicial nominating commission shall consist of seven
members, a majority of whom shall form a quorum, one of whom shall
be the Chief Justice of the State or a Justice of the Supreme Court
whom he may designate, who shall act as chairman. Those admitted to
the practice of law shall elect three of their number to serve as
members of said commission. All elections shall be in such manner as
the General Assembly may provide. The Governor shall appoint to the
commission three citizens, not admitted to the practice of law. The
terms of office and compensation for members of a judicial nominating
commission shall be fixed by the General Assembly. No member of a
judicial nominating commission other than the Chief Justice or his
designee shall hold any other salaried public office. No member shall
hold an office in a political party or organization. No member of the
judicial nominating commission shall be eligible for appointment to a
judicial office so long as he is a member of the commission and for a
period of three years thereafter.
(History: As Amended November 8, 1960; November 3, 1970).
Section 10. Selection of Justices of the Supreme Court and Judges of the Court of Appeals. A vacancy in a judicial office in the Supreme Court or Court of Appeals shall be filled by the Governor, without
regard to political affiliation, from a list of three nominees presented to
him by the judicial nominating commission. If the Governor shall fail
to make an appointment from the list within sixty days from the day it
is presented to him, the appointment shall be made by the Chief Justice
or the acting Chief Justice from the same list.
To be eligible for nomination as a justice of the Supreme Court or
Judge of the Court of Appeals, a person must be domiciled within the
geographic district, a citizen of the United States, admitted to the
practice of law in the courts of the State for a period of not less than ten
(10) years or must have served as a judge of a circuit, superior or
criminal court of the State of Indiana for a period of not less than five
(5) years.
(History: As Amended November 3, 1970).
Section 11. Tenure of Justices of Supreme Court and Judges of the
Court of Appeals. A justice of the Supreme Court or Judge of the Court
of Appeals shall serve until the next general election following the
expiration of two years from the date of appointment, and subject to
approval or rejection by the electorate, shall continue to serve for terms
of ten years, so long as he retains his office. In the case of a justice of
the Supreme Court, the electorate of the entire state shall vote on the
question of approval or rejection. In the case of judges of the Court of
Appeals the electorate of the geographic district in which he serves
shall vote on the question of approval or rejection.
Every such justice and judge shall retire at the age specified by
statute in effect at the commencement of his current term.
Every such justice or judge is disqualified from acting as a judicial
officer, without loss of salary, while there is pending (1) an indictment
or information charging him in any court in the United States with a
crime punishable as a felony under the laws of Indiana or the United
States, or (2) a recommendation to the Supreme Court by the
commission on judicial qualifications for his removal or retirement.
On recommendation of the commission on judicial qualifications or
on its own motion, the Supreme Court may suspend such justice or
judge from office without salary when in any court in the United States
he pleads guilty or no contest or is found guilty of a crime punishable
as a felony under the laws of Indiana or the United States, or of any
other crime that involves moral turpitude under that law. If his
conviction is reversed, suspension terminates and he shall be paid his
salary for the period of suspension. If he is suspended and his
conviction becomes final the Supreme Court shall remove him from
office.
On recommendation of the commission on judicial qualifications the
Supreme Court may (1) retire such justice or judge for disability that
seriously interferes with the performance of his duties and is or is likely
to become permanent, and (2) censure or remove such justice or judge,
for action occurring not more than six years prior to the
commencement of his current term, when such action constitutes
willful misconduct in office, willful and persistent failure to perform
his duties, habitual intemperance, or conduct prejudicial to the
administration of justice that brings the judicial office into disrepute.
A justice or judge so retired by the Supreme Court shall be considered to have retired voluntarily. A justice or judge so removed by the Supreme Court is ineligible for judicial office and pending further order of the Court he is suspended from practicing law in this State.
Upon receipt by the Supreme Court of any such recommendation, the Court shall hold a hearing, at which such justice or judge is entitled to be present, and make such determinations as shall be required. No justice shall participate in the determination of such hearing when it concerns himself.
The Supreme Court shall make rules implementing this section and provide for convening of hearings. Hearings and proceedings shall be public upon request of the justice or judge whom it concerns.
No such justice or judge shall, during his term of office, engage in the practice of law, run for elective office other than a judicial office, directly or indirectly make any contribution to, or hold any office in, a political party or organization or take part in any political campaign.
(History: As Amended November 4, 1952; November 3, 1970).
Section 12. Substitution of Judges. The General Assembly may
provide, by law, that the Judge of one circuit may hold the Courts of
another circuit, in cases of necessity or convenience; and in case of
temporary inability of any Judge, from sickness or other cause, to hold
the Courts in his circuit, provision may be made, by law, for holding
such courts.
(History: As Amended November 3, 1970).
Section 13. Removal of Circuit Court Judges and Prosecuting
Attorneys. Any Judge of the Circuit Court or Prosecuting Attorney,
who shall have been convicted of corruption or other high crime, may,
on information in the name of the State, be removed from office by the
Supreme Court, or in such other manner as may be prescribed by law.
(History: As Amended November 3, 1970).
Section 14.
(Repealed November 6, 1984).
Section 15. No Limitation on Term of Office. The provisions of
Article 15, Section 2, prohibiting terms of office longer than four years,
shall not apply to justices and judges.
(History: As Amended November 3, 1970).
Section 16. Prosecuting Attorneys. There shall be elected in each judicial circuit by the voters thereof a prosecuting attorney, who shall have been admitted to the practice of law in this State before his election, who shall hold his office for four years, and whose term of office shall begin on the first day of January next succeeding his election. The election of prosecuting attorneys under this section shall be held at the time of holding the general election in the year 1974 and each four years thereafter.
(History: As Amended November 3, 1970).
Section 17. Grand Jury. The General Assembly may modify, or
abolish, the grand jury system.
(History: As Amended November 3, 1970).
Section 18. Criminal Prosecutions. All criminal prosecutions shall
be carried on in the name, and by the authority of the state; and the
style of all process shall be: "The State of Indiana."
(History: As Amended November 3, 1970).
Section 19. Pay. The Justices of Supreme Court and Judges of the
Court of Appeals and of the Circuit Courts shall at stated times receive
a compensation which shall not be diminished during their continuance
in office.
(History: As Amended November 3, 1970).
Section 20.
(History: Repealed November 6, 1984. The schedule adopted with the
November 3, 1970, amendment to Article 7 was stricken out by the
November 6, 1984, amendment).
Section 21.
(History: Repealed November 8, 1932).
