2018 Indiana Code
TITLE 33. Courts and Court Officers
ARTICLE 33. COURT SYSTEM ORGANIZATION IN EACH COUNTY
CHAPTER 49. Marion County
33-33-49-13.3. Retention procedures

     Sec. 13.3. (a) The retention in office of a sitting judge of the court shall be approved or rejected by the electorate of Marion County in accordance with this section.

     (b) A judge who wishes to be retained in office shall file a statement with the clerk and secretary of state during the period described in IC 3-8-2-4 during which a declaration of candidacy must be filed in the year in which the judge's term expires. The judge's statement must include the following information:

(1) A statement indicating that the judge wishes to have the question of the judge's retention placed on the ballot.

(2) A statement of the judge's name as:

(A) the judge wants the judge's name to appear on the ballot; and

(B) a candidate's name is permitted to appear on the ballot under IC 3-5-7.

(3) If the judge is affiliated with a political party, the name of that political party. The judge may indicate in the statement that the judge is not affiliated with a political party. For purposes of this subdivision, a judge's affiliation with a political party is determined as provided in IC 3-8-2-7(a)(4).

(4) A statement that the judge requests that the name on the judge's voter registration record be the same as the name the judge uses on the statement. If there is a difference between the name on the judge's statement and the name on the judge's voter registration record, the clerk shall change the name on the judge's voter registration record to be the same as the name on the judge's statement.

If a judge does not file a statement under this subsection with both the clerk and the secretary of state, the clerk shall, not later than March 1, notify the Marion County judicial selection committee in writing that the judge does not wish to continue in office after the end of the judge's term of office.

     (c) The term of a judge:

(1) who does not file statements under subsection (b); and

(2) whose term expires during the year in which the question of the retention of the judge would have been placed on the general election ballot;

expires December 31 of the year in which the question of the judge's retention would have been placed on the ballot.

     (d) If the question of a judge's retention is required to be on the ballot at a general election, the question of approval or rejection of the judge's retention shall be placed on the general election ballot in the form prescribed by IC 3-11-2 and must state:

"Shall Judge (insert here the name of the judge as stated under subsection (b)(2)) be retained in office?".

If a majority of the ballots cast by the electors voting on the question is "Yes", the judge whose name appears on the question shall be approved for a six (6) year term beginning January 1 following the general election as provided in section 13.2 of this chapter. If a majority of the ballots cast by the electors voting on the question is not "Yes", the following apply:

(1) Retention of the judge whose name appears on the question is rejected.

(2) The office of the rejected judge becomes vacant on January 1 following the rejection.

(3) The vacancy shall be filled in accordance with this chapter.

As added by P.L.245-2017, SEC.10.