2018 Indiana Code
TITLE 33. Courts and Court Officers
ARTICLE 33. COURT SYSTEM ORGANIZATION IN EACH COUNTY
CHAPTER 49. Marion County
33-33-49-13.7. Recommendations concerning retention

     Sec. 13.7. (a) This section applies to each sitting judge who will stand for retention under section 13.3 of this chapter, including a person who served as a judge of the Marion superior court on December 31, 2016. However, an incumbent judge must appear only one (1) time before the committee for purposes of this section.

     (b) The following definitions apply throughout this section:

(1) "News media" includes:

(A) a newspaper of general circulation in Marion County;

(B) one (1) or more broadcasters serving Marion County;

(C) any person who uses a blog or similar Internet web site to provide information or commentary concerning the judiciary or political matters of interest to residents of Marion County; and

(D) any other appropriate source of news or information for Marion County residents.

(2) "Voter outreach organization" includes any organization that has the goal of informing voters in Marion County about issues and candidates in upcoming elections.

     (c) This subsection does not apply to an incumbent judge who has previously appeared before the committee for purposes of this section at least one (1) time. Before a judge may stand for retention under section 13.3 of this chapter, the judge must appear before the committee to permit the committee to issue a recommendation to the voters concerning the judge's qualifications and suitability to continue to hold judicial office.

     (d) At the time a judge files a statement under section 13.3 of this chapter that the judge wishes to be retained in office, the judge shall:

(1) notify the committee that the judge wishes to be retained in office; and

(2) provide the committee with a written statement describing the judge's qualifications, with particular emphasis on the matters described in section 13.4(b) of this chapter.

     (e) After receiving the materials described in subsection (d), the committee shall promptly schedule a hearing to consider the materials submitted by the judge and interview the judge. Each judge is entitled to a hearing before the committee. The hearings shall be held in executive session.

     (f) A judge is presumed qualified. The affirmative votes of at least nine (9) committee members are required to find that a judge is not qualified.

     (g) If the committee finds that a judge is not qualified, the committee shall do the following:

(1) Through the chairperson, place on the appropriate Internet web site of the Indiana supreme court the following statement: "After considering Judge (insert name here)'s qualifications and Judge (insert name here)'s performance in office, the Marion County Judicial Selection Committee finds that Judge (insert name here) IS NOT qualified and SHOULD NOT BE retained in office.".

(2) Issue the following statement to news media and voter outreach organizations: "After considering Judge (insert name here)'s qualifications and Judge (insert name here)'s performance in office, the Marion County Judicial Selection Committee finds that Judge (insert name here) IS NOT qualified and SHOULD NOT BE retained in office.".

(3) Take any other steps reasonably calculated to inform the general public in Marion County of the committee's determination.

     (h) If the committee does not find that a judge is unqualified, the committee shall do the following:

(1) Through the chairperson, place on the appropriate Internet web site of the Indiana supreme court the following statement: "After considering Judge (insert name here)'s qualifications and Judge (insert name here)'s performance in office, the Marion County Judicial Selection Committee finds that Judge (insert name here) IS qualified and SHOULD BE retained in office.".

(2) Issue the following statement to news media and voter outreach organizations: "After considering Judge (insert name here)'s qualifications and Judge (insert name here)'s performance in office, the Marion County Judicial Selection Committee finds that Judge (insert name here) IS qualified and SHOULD BE retained in office.".

(3) Take any other steps reasonably calculated to inform the general public in Marion County of the committee's determination.

     (i) Subject to section 13.1 of this chapter, the committee may adopt policies and operating procedures to implement this section.

As added by P.L.245-2017, SEC.12.