Indiana § 3-13-6-1 Certification of vacancy to governor; manner of filling vacancy

Indiana Statutes

§ 3-13-6-1 — Certification of vacancy to governor; manner of filling vacancy

Indiana § 3-13-6-1

Art. 13VACANCIES

Ch. 6Vacancies in County Judicial and Circuit Offices

This text of Indiana § 3-13-6-1 (Certification of vacancy to governor; manner of filling vacancy) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 3-13-6-1 (2026).

Text

(a)As used in this section, "judge" refers to a judge of a circuit, superior, or probate court.

(b)If a judge wants to resign from office, the judge must resign as provided in IC 5-8-3.5.

(c)A vacancy that occurs because of the death of a judge may be certified to the governor under IC 5-8-6.

(d)A vacancy that occurs, other than by resignation or death of a judge, shall be certified to the governor by the circuit court clerk of the county in which the judge resided.

(e)A vacancy in the office of judge of a circuit court shall be filled by the governor as provided by Article 5, Section 18 of the Constitution of the State of Indiana. However, the governor may not fill a vacancy that occurs because of the death of a judge until the governor receives notice of the death under IC 5-8-6. (f

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(a) As used in this section, "judge" refers to a
judge of a circuit, superior, or probate court.
(b) If a judge wants to resign from office, the judge must resign as
provided in IC 5-8-3.5.
(c) A vacancy that occurs because of the death of a judge may be
certified to the governor under IC 5-8-6.
(d) A vacancy that occurs, other than by resignation or death of a
judge, shall be certified to the governor by the circuit court clerk of the
county in which the judge resided.
(e) A vacancy in the office of judge of a circuit court shall be filled
by the governor as provided by Article 5, Section 18 of the Constitution
of the State of Indiana. However, the governor may not fill a vacancy
that occurs because of the death of a judge until the governor receives
notice of the death under IC 5-8-6.
(f) The person who is appointed holds the office until:
(1) the end of the unexpired term; or
(2) a successor is elected at the next general election for the
office, and qualified;
whichever occurs first.
(g) Except in a year in which the office is scheduled to be placed on
the ballot, and except as provided in this subsection, the office of judge
of the circuit court shall be elected at the next general election
following the date any vacancy occurred. If a vacancy occurs in the
office of judge of the circuit court after noon seventy-four (74) days
before a general election, the office shall be elected at the second
general election following the date any vacancy occurred.
(h) The person elected at the general election following an
appointment to fill the vacancy, upon being qualified, holds office for
the six (6) year term prescribed by Article 7, Section 7 of the
Constitution of the State of Indiana and until a successor is elected and
qualified.
(i) A vacancy in the office of judge of a superior or probate court
shall be filled by the governor subject to the following:
(1) IC 33-33-2-39.
(2) IC 33-33-2-43.
(3) IC 33-33-45-38.
(4) IC 33-33-71-40.
(5) IC 33-33-49-13.4.
However, the governor may not fill a vacancy that occurs because of
the death of a judge until the governor receives notice of the death
under IC 5-8-6. The person who is appointed holds office for the
remainder of the unexpired term.
[Pre-1986 Recodification Citation: Ind. Const. Art. 5, § 18
part.]

Legislative History

As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.434; P.L.5-1989, SEC.67; P.L.334-1989(ss), SEC.2; P.L.16-1995, SEC.2; P.L.18-1995, SEC.1; P.L.98-2004, SEC.42; P.L.119-2005, SEC.4; P.L.201-2011, SEC.6; P.L.194-2013, SEC.91; P.L.245-2017, SEC.4; P.L.278-2019, SEC.156.