Bill Text: IN SJR0013 | 2012 | Regular Session | Introduced
Bill Title: Selection of justices and appellate court judges.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-01-04 - First reading: referred to Committee on Judiciary [SJR0013 Detail]
Download: Indiana-2012-SJR0013-Introduced.html
RESOLUTION No. 13
Citations Affected: Article 7 of the Constitution of the State of Indiana.
Synopsis: Selection of justices and appellate court judges. Renames
the judicial nominating commission as the commission on judicial
nominations and qualifications. Provides that one commission member
is selected by attorneys licensed in Indiana, one commission member
is appointed by the speaker of the house of representatives, and one
commission member is appointed by the president pro tempore of the
senate. Requires that at least one commission member appointed by the
governor must be an attorney. Prohibits a person who is a lobbyist from
serving on the commission. Provides for the governor to fill a vacancy
on the supreme court or the court of appeals from nominees
recommended by the commission, subject to confirmation by the
senate. Provides that a justice of the supreme court and a judge of the
court of appeals serves until July 1 of the tenth year after the justice's
or judge's appointment is confirmed by the senate or the justice's or
judge's retention in office is confirmed by the senate. Provides that if
a justice or judge wants to serve a new term, the justice or judge must
apply to the senate for retention. Specifies that a judge or justice will
be retained, unless: (1) the judge or justice does not apply to the senate
for retention; or (2) at least 60% of the members of the senate vote
against retention. Amends the provisions concerning impeachment
proceedings for a justice or judge. Provides a transition for justices and
judges serving at the time of the adoption of these amendments to the
constitution. This proposed amendment has not been previously agreed
to by a general assembly.
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 4, 2012, 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. 13
A JOINT RESOLUTION proposing an amendment to Article 7 of
the Constitution of the State of Indiana concerning courts and court
officers.
(b) The Chief Justice may hold that office for a period of five years, subject to reappointment in the same manner.
member of the Court The Chief Justice may resign the office of Chief
Justice without resigning from the Court.
(c) During a vacancy in the office of Chief Justice caused by
absence, illness, incapacity, or resignation all powers and duties of that
the 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.
(d) The Chief Justice of the State shall appoint such persons as the
General Assembly by law may provide for the administration of his the
Chief Justice's office.
(e) 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 by the General Assembly.
(b) The
(1) The Chief Justice of the State or a Justice of the Supreme Court
(2) One individual admitted to the practice of law
(3) Three citizens of Indiana appointed by the Governor.
(4) One citizen of Indiana appointed by the President Pro Tempore of the Senate.
(5) One citizen of Indiana appointed by the Speaker of the House of Representatives.
(c) A member of
(1) hold an office in a political party or organization; or
(2) be a lobbyist (as defined by law).
A Commission member
(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 member.
(e) Four Commission members constitute a quorum of the Commission. The affirmative vote of at least four members is necessary for the Commission to take action.
(b) To be eligible for nomination as a Justice of the Supreme Court or Judge of the Court of Appeals, a person:
(1) must be domiciled within the geographic district;
(2) must be a citizen of the United States; and
(3) must have been admitted to the practice of law in the courts of
(c) Before an individual appointed as a Justice or 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 General Assembly into a special
session to confirm an appointment to a judicial office under this
section.
(d) If the Governor does not make an appointment not later
than sixty days after the Commission makes a recommendation to
fill the vacancy, the Senate may fill the vacancy by confirming any
of the nominees recommended by the Commission to the Governor.
(e) If the Senate does not confirm a nominee before the sine die
adjournment of the session of the General Assembly that occurs
immediately after the names of nominees are submitted to the
Governor:
(1) a nominee may not take the judicial office; and
(2) the office shall be filled as a vacancy by a nominee
recommended to the Governor after the sine die adjournment,
as provided in this section.
(1) appointment is confirmed under Section 10 of this article; or
(2) retention is confirmed under this section.
(b) To serve an additional term, the Justice or Judge must apply to the Senate for retention as provided by law.
(c) A Justice or Judge shall be retained in office unless at least sixty percent of the members of the Senate vote not to retain the Judge or Justice in office under rules adopted by the Senate.
(d) If a Judge or Justice fails to apply to the Senate for retention as provided by law, or if at least sixty percent of the members of the Senate vote not to retain the Justice or Judge in office:
(1) the term of the Judge or Justice expires as provided in subsection (a);
(2) the Judge or Justice may not continue in office; and
(3) the office shall be filled as a vacancy by another individual as provided in Section 10 of this article.
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 (a) A Justice or Judge may be removed from office under this
section, Article 6, Section 7, or Article 6, Section 8.
(b) A Justice and or Judge shall retire at the age specified by statute
in effect at the commencement of his the Justice's or Judge's current
term.
Every such (c) A 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 the Justice or
Judge 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 Nominations and Qualifications for his the Justice's
or Judge's removal or retirement.
(d) On recommendation of the Commission on Judicial
Nominations and Qualifications or on its own motion, the Supreme
Court may suspend such a Justice or Judge from office without salary
when in any court in the United States he the Justice or Judge:
(1) pleads guilty or to;
(2) pleads no contest to; or
(3) 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 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 conviction becomes final,
the Supreme Court shall remove him the Justice or Judge from office.
(e) On recommendation of the Commission on Judicial
Nominations and 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 the Justice or Judge for action
occurring not more than six years prior to before the
commencement of his the Justice's or Judge's current term,
when such action constitutes:
(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.
(f) 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. Indiana.
(g) Upon receipt by the Supreme Court of any such
recommendation, the Court shall:
(1) hold a hearing, at which such the Justice or Judge is entitled
to be present; and
(2) make such any determinations as shall be required. No the
Court considers necessary.
A Justice shall may not participate in the determination of such a
hearing when it concerns himself. the Justice's own case.
(h) 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 (i) A Justice or Judge shall, may not during his the
Justice's or Judge's term of office do any of the following:
(1) Engage in the practice of law.
(2) Run for elective office other than a judicial office.
(3) Directly or indirectly make any contribution to, or hold any
office in, a political party or organization. or
(4) Take part in any political campaign.
SECTION 7. THE CONSTITUTION OF THE STATE OF
INDIANA IS AMENDED BY ADDING THE FOLLOWING
SCHEDULE:
(a) An individual who serves as a Justice of the Indiana
Supreme Court or a Judge of the Indiana Court of Appeals on the
date the amendments to Article 7 of the Constitution of the State
of Indiana, as amended by this joint resolution, are approved by
the voters of Indiana may continue in office until the date the
Justice's or Judge's term would have expired under Article 7 of the
Constitution of the State of Indiana before its amendment by this
joint resolution.
(b) A Justice or Judge described in subsection (a) may seek a
new term of office before the Justice's or Judge's term expires,
subject to confirmation by the Senate as if the Justice or Judge had
been nominated to fill a vacancy as provided in Article 7, Section
10 of the Constitution of the State of Indiana, as amended by this
joint resolution. The successors of such Justices of the Supreme
Court and Judges of the Court of Appeals shall be chosen as
provided in Article 7 of the Constitution of the State of Indiana, as
amended by this joint resolution.
(c) This SCHEDULE expires January 1, 2025.
