§ 33-27-3-2 — Evaluating judicial candidates; investigations; public disclosure of names and information; public records

Indiana § 33-27-3-2

• Jurisdiction: Indiana
• Art. 27: JUDICIAL NOMINATING COMMISSION
• Ch. 3: Duties of the Commission; Appointments to Judicial

Text

(a) The judicial nominating commission shall
submit to the governor, from those names the commission considers for
a vacancy, the names of only the three (3) most highly qualified
candidates. In determining which candidates are most highly qualified
each commission member shall evaluate each candidate, in writing, on
the following considerations:
(1) Legal education, including law schools attended and education
after law school, and any academic honors and awards achieved.
(2) Legal writings, including legislative draftings, legal briefs, and
contributions to legal journals and publications.
(3) Reputation in the practice of law, as evaluated by attorneys
and judges with whom the candidate has had professional contact,
and the type of legal practice, including experience and reputation
as a trial lawyer or trial judge.
(4) Physical condition, including general health, stamina, vigor,
and age.
(5) Financial interests, including any interest that might conflict
with the performance of judicial responsibilities.
(6) Activities in public service, including writings and speeches
concerning public affairs and contemporary problems, and efforts
and achievements in improving the administration of justice.
(7) Any other pertinent information that the commission feels is
important in selecting the most highly qualified individuals for
judicial office.
(b) The commission may not make an investigation to determine
these considerations until the individual states in writing that the
individual desires to hold a judicial office that has been or will be
created by a vacancy and that the individual consents to the public
disclosure of information under subsections (d) and (g).
(c) The commission shall inquire into the personal and legal
backgrounds of each candidate by investigations made independent
from the statements on an application of the candidate or in an
interview with the candidate. In completing these investigations, the
commission may use information or assistance provided by:
(1) a law enforcement agency;
(2) any organization of lawyers, judges, or individual
practitioners; or
(3) any other person or association.
(d) The commission shall publicly disclose the names of all
candidates who have filed for judicial appointment after the
commission has received the consent required by subsection (b) but
before the commission has begun to evaluate any of the candidates. If
the commission's screening of the candidates for judicial appointment
occurs in an executive session conducted under IC 5-14-1.5-6.1(b)(10),
the screening may not reduce the number of candidates for further
consideration to fewer than ten (10) individuals unless there are fewer
than ten (10) individuals from which to choose before the screening.
When the commission's screening has reduced the number of
candidates for further consideration to not less than ten (10) or it has
less than ten (10) eligible candidates otherwise from which to choose,
the commission shall:
(1) publicly disclose the names of the individuals and their
applications before taking any further action; and
(2) give notice of any further action in the same manner that
notice is given under IC 5-14-1.5.
(e) Information described in subsection (d)(1) is identifying
information for the purposes of IC 5-14-1.5-6.1(b)(10).
(f) The commission shall submit with the list of three (3) nominees
to the governor its written evaluation of each nominee, based on the
considerations set forth in subsection (a). The list of names submitted
to the governor and the written evaluation of each nominee shall be
publicly disclosed by the commission.
(g) Notwithstanding IC 5-14-3-4, all public records (as defined in
IC 5-14-3-2) of the judicial nominating commission 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 judicial nominating commission:
(1) Personnel files of commission employees and files of
applicants for employment with the commission 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 judicial appointment.
(3) Investigatory records prepared for the commission under
subsection (c) until:
(A) the records are filed or introduced into evidence in
connection with the consideration of a candidate;
(B) the records are publicly discussed by the commission in
connection with the consideration of a candidate;
(C) a candidate elects to have the records released by the
commission; or
(D) the commission elects to release the records that the
commission considers appropriate in response to publicly
disseminated statements relating to the activities or actions of
the commission;
whichever occurs first.
(4) Applications of candidates for judicial appointment who are
not among the applicants eligible for further consideration
following the commission's screening under subsection (d).
(5) The work product of an attorney (as defined in IC 5-14-3-2)
representing the commission.
(h) When an event described by subsection (g)(3) occurs, the
investigatory record becomes available for public inspection and
copying under IC 5-14-3-3.
(i) As used in this subsection, "attributable communication" refers
to a communication containing the sender's name, address, and
telephone number. The commission shall provide a copy of all
attributable communications concerning a candidate for judicial
appointment to each member of the commission. An attributable
communication becomes available for public inspection and copying
under IC 5-14-3-3 after a copy is provided to each member of the
commission. The commission may not consider a communication other
than an attributable communication in evaluating a candidate for
judicial appointment.
(j) The commission shall release the investigatory records prepared
for the commission under subsection (c) to the candidate for judicial
appointment described by the records.
[Pre-2004 Recodification Citation: 33-2.1-4-7.]

Legislative History

As added by P.L.98-2004, SEC.6.