Bill Text: IN SJR0006 | 2013 | Regular Session | Introduced
Bill Title: Supreme court and court of appeals judges.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-01-07 - First reading: referred to Committee on Judiciary [SJR0006 Detail]
Download: Indiana-2013-SJR0006-Introduced.html
RESOLUTION No. 6
Citations Affected: Articles 2 and 7 of the Constitution of the State of Indiana.
Synopsis: Supreme court and court of appeals judges. Provides that
the governor fills vacancies on the supreme court and the court of
appeals, subject to the approval of the senate. Provides that a justice of
the supreme court or judge of the court of appeals is retained in office
only if the justice or judge receives at least 67% of the total number of
votes cast on the question of retention of the justice or judge. Provides
that a law, judicial rule, decree, or order may not abridge the freedom
of a judge, lawyer, candidate for judicial office, or any other person
from: (1) speaking, writing, or otherwise expressing the person's views
freely regarding a political issue, political party, or candidate for office,
including a candidate for a judicial office; or (2) making a donation of
money, services, or property to a political party or a candidate for
office, including a candidate for a judicial office. Makes stylistic
changes.
Effective: This proposed amendment must be agreed to by two
consecutive general assemblies and ratified by a majority of the state's
voters voting on the question to be effective.
January 7, 2013, read first time and referred to Committee on Judiciary.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
RESOLUTION No. 6
A JOINT RESOLUTION proposing an amendment to Articles 2
and 7 of the Constitution of the State of Indiana concerning courts and
court officers.
(b) The General Assembly may provide by law for the election of all judges of courts of general and appellate jurisdiction.
(c) The General Assembly shall provide for the registration of all persons entitled to vote.
(b) The Chief Justice of the State shall appoint such persons as the General Assembly by law may provide for the administration of
(b) The
(1) The Chief Justice of the State or a Justice of the Supreme Court
(2) Three (3) individuals admitted to the practice of law
(3) Three (3) individuals who are residents of Indiana appointed by the Governor.
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
(c) A member of a judicial nominating the commission other than
the Chief Justice or his the Chief Justice's designee shall may not
hold any other salaried public office. No A commission member shall
may not hold an office in a political party or organization. No A
commission member of the judicial nominating commission shall be
is not eligible for appointment to a judicial office so long as he while
the individual is a commission member of the commission and for a
period of three (3) years thereafter. after the individual leaves the
commission.
(d) The General Assembly shall provide by law for the
following:
(1) The term of office of commission members.
(2) The compensation of commission members.
(3) The manner of election of the elected commission
members.
(e) Four (4) commission members constitute a quorum of the
commission.
(b) To be eligible for nomination as a justice of the Supreme Court or judge of the Court of Appeals,
(1) The individual must be domiciled within the geographic district.
(2) The individual must be a citizen of the United States.
(3) Either of the following:
(A) The individual must be admitted to the practice of law in
(B) The individual 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.
(c) Before an individual appointed as a justice or a judge under
this section may take office, the individual's appointment must be
confirmed by the Senate by the affirmative vote of a majority of
the members elected to the Senate under rules adopted by the
Senate. The Governor may call the Senate into a special session to
confirm an appointment to a judicial office under this section.
(b) A justice or judge is retained in office only if the number of votes to retain the justice or judge is at least sixty-seven percent (67%) of the total number of votes cast on the question of retention of the justice or judge.
(c) Every
(1) an indictment or information charging
(2) a recommendation to the Supreme Court by the commission on judicial qualifications for
(e) On recommendation of the commission on judicial qualifications or on its own motion, the Supreme Court may suspend
that law. If his the justice's or judge's conviction is reversed, the
suspension terminates and he the justice or judge shall be paid his the
justice's or judge's salary for the period of suspension. If he the
justice or judge is suspended and his the justice's or judge's
conviction becomes final, the Supreme Court shall remove him the
justice or judge from office.
(f) On recommendation of the commission on judicial
qualifications, the Supreme Court may:
(1) retire such a justice or judge for disability that seriously
interferes with the performance of his judicial duties and is or is
likely to become permanent; and
(2) censure or remove such a justice or judge, for action occurring
not more than six (6) years prior to the commencement of his the
justice's or judge's current term, when such action constitutes
any of the following:
(A) Willful misconduct in office.
(B) Willful and persistent failure to perform his judicial
duties.
(C) Habitual intemperance. or
(D) Conduct prejudicial to the administration of justice that
brings the judicial office into disrepute.
(g) A justice or judge so retired by the Supreme Court under
subsection (f) 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 Supreme Court, he is
suspended from practicing law in this State. Indiana.
(h) Upon receipt by the Supreme Court of any such
recommendation, the Supreme Court shall:
(1) hold a hearing, at which such the justice or judge is entitled to
be present; and
(2) make such determinations as shall be required. No
A justice shall may not participate in the determination of such a
hearing when it concerns himself. that justice.
(i) 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. they
concern.
No such (j) A justice or judge shall, may not, during his the
justice's or judge's term of office, engage in the practice of law or 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.
(1) Speaking, writing, or otherwise expressing the person's views freely regarding a political issue, political party, or candidate for office, including a candidate for a judicial office.
(2) Making a donation of money, services, or property to a political party or a candidate for office, including a candidate for a judicial office.
