Indiana Code 33-33-49-13.1. Marion County judicial selection committee; duties; open records
(1) “close relative” has the meaning set forth in IC 33-23-11-2; and
Terms Used In Indiana Code 33-33-49-13.1
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
- Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
- close relative: has the meaning set forth in IC 33-23-11-2; and
Indiana Code 33-33-49-13.1
- committee: refers to the Marion County judicial selection committee established by subsection (b). See Indiana Code 33-33-49-13.1
- court: refers to the Marion superior court. See Indiana Code 33-33-49-5
- Ex officio: Literally, by virtue of one's office.
- Executive session: A portion of the Senate's daily session in which it considers executive business.
- in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
- Minority leader: See Floor Leaders
- President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.
- Quorum: The number of legislators that must be present to do business.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5
(b) The Marion County judicial selection committee is established to:
(1) select nominees for the court; and
(2) make recommendations to the voters concerning the retention of a judge on the court.
(c) The committee consists of the following fourteen (14) members:
(1) Four (4) members who reside in Marion County, appointed as follows:
(A) One (1) member appointed by the speaker of the house of representatives.
(B) One (1) member appointed by the minority leader of the house of representatives.
(C) One (1) member appointed by the president pro tempore of the senate.
(D) One (1) member appointed by the minority leader of the senate.
A person appointed under this subdivision may not be a member of the general assembly.
(2) An attorney who resides in Marion County and practices primarily in the area of criminal law, appointed by the president of the Indianapolis bar association.
(3) An attorney who resides in Marion County and practices primarily in the area of criminal law, appointed by the president of the Marion County bar association.
(4) An attorney who resides in Marion County, appointed by the president of the Indiana Trial Lawyers Association.
(5) An attorney who resides in Marion County, appointed by the president of the Defense Trial Counsel of Indiana.
(6) Two (2) members appointed by the chairperson of each major political party (as defined by IC 3-5-2-30(2)) in Marion County. Each of the four (4) members appointed under this subdivision must reside in Marion County and must reflect the diversity and makeup of Marion County.
(7) The chief judge of the Indiana Court of Appeals or a designee of the chief judge who is a judge of the Indiana Court of Appeals. The chief judge or chief judge’s designee serves as the vice chairperson of the committee ex officio.
(8) The chief justice of Indiana or a designee of the chief justice who is a justice of the Indiana Supreme Court. The chief justice or chief justice’s designee serves as the chairperson of the committee ex officio.
(d) If a member of the committee is employed by a law firm, no other person employed by the same law firm may be appointed to the committee.
(e) A member of the committee may not be:
(1) a current or former judge of the Marion superior or circuit court;
(2) a current or former judicial officer appointed by the Marion superior or circuit court;
(3) a current or former employee of the Marion superior or circuit court; or
(4) a close relative of anyone described in subdivision (1), (2), or (3).
This subsection does not apply to a member appointed under subsection (c)(7) or (c)(8).
(f) All attorney members of the committee must be in active and good standing with the Indiana Supreme Court.
(g) Each member of the committee who is not an ex officio member serves a four (4) year term, beginning on July 1, 2017, and ending on June 30, 2021. A member of the committee may be reappointed for one (1) or more additional four (4) year terms. If a member is appointed to fill a vacancy, the member serves during the unexpired term of the member’s predecessor and may be reappointed for one (1) or more additional four (4) year terms.
(h) If a vacancy exists on the committee, the appointing authority who appointed the former member whose position has become vacant shall appoint an individual to fill the vacancy.
(i) An ex officio member of the committee ceases to be a member of the committee at the time the person no longer holds the office that entitles the person to be a member of the committee.
(j) A member of the committee described in subsection (c)(1) through (c)(6) who no longer resides in Marion County is considered to have resigned from the committee. A member of the committee who no longer resides in Marion County shall notify the chairperson in writing of the member’s change in residence.
(k) A quorum consists of nine (9) members of the committee.
(l) The affirmative votes of nine (9) members of the committee are required for the committee to take official action with respect to any candidate for judicial office.
(m) The committee shall:
(1) nominate judicial candidates for the court in accordance with section 13.4 of this chapter; and
(2) make recommendations concerning retention in accordance with section 13.7 of this chapter.
(n) The committee meets upon the call of the chairperson.
(o) The committee shall meet in the Indiana statehouse or in any other appropriate location in Marion County, as determined by the chairperson.
(p) Except as otherwise provided in subsection (q) or otherwise provided in this chapter, the committee may adopt its own policies and operating procedures. The policies and procedures must comply with IC 5-14-1.5 (the open door law) and this chapter, and must include procedures by which eligible candidates for a vacancy on the court may submit their names to the committee. The policies and procedures are public records, and the meetings of the committee at which the policies and procedures are considered for initial adoption or amendment must be publicly announced and open to the public. Applications of candidates for judicial appointment are public records.
(q) Notwithstanding IC 5-14-1.5-2, the committee is a public agency for the purposes of IC 5-14-1.5. The committee may meet in executive session under IC 5-14-1.5-6.1 for the consideration of a candidate for appointment to or retention on the court if:
(1) notice of the executive session is given in the manner prescribed by IC 5-14-1.5-5; and
(2) all interviews of candidates are conducted at meetings open to the public.
(r) Notwithstanding IC 5-14-3-4, all public records (as defined in IC 5-14-3-2) of the committee are subject to IC 5-14-3-3, including records described in IC 5-14-3-4(b)(12). However, the following records are excepted from public inspection and copying at the discretion of the committee:
(1) Personnel files of committee employees and members and files of applicants for employment with the committee to the extent permitted under IC 5-14-3-4(b)(8).
(2) Records specifically prepared for discussion or developed during discussion in an executive session under IC 5-14-1.5-6.1, unless the records are prepared for use in the consideration of a candidate for retention or judicial appointment.
(3) Investigatory records prepared for the committee until:
(A) the records are considered in connection with the consideration of a candidate;
(B) the records are publicly discussed by the committee in connection with the consideration of a candidate;
(C) a candidate elects to have the records released by the committee; or
(D) the committee elects to release the records that the committee considers appropriate in response to publicly disseminated statements relating to the activities or actions of the committee;
whichever occurs first.
(4) The work product of an attorney (as defined in IC 5-14-3-2) representing the committee.
(s) When an event described by subsection (r)(3) occurs, the investigatory record becomes available for public inspection and copying under IC 5-14-3-3.
(t) A former member of the committee may not be nominated as a judge of the court if the person has served as a member of the committee within the previous five (5) years.
As added by P.L.245-2017, SEC.8.