Indiana § 33-33-2-39 Vacancy in judgeship; nomination of candidates; meetings of
commission

Indiana Statutes

§ 33-33-2-39 — Vacancy in judgeship; nomination of candidates; meetings of commission

Indiana § 33-33-2-39

Art. 33COURT SYSTEM ORGANIZATION IN EACH

Ch. 2Allen County

This text of Indiana § 33-33-2-39 (Vacancy in judgeship; nomination of candidates; meetings of commission) 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 § 33-33-2-39 (2026).

Text

(a)When a judge of the superior court:

(1)dies, resigns, is removed from office; or

(2)is for any reason ineligible to continue or incapable of continuing in office until the end of the judge's term in office; a judge in another division may not more than thirty (30) days after the vacancy occurs transfer to the vacant position for the remainder of the transferring judge's term. A judge who has made one (1) transfer is ineligible to make any other transfers. If more than one (1) judge desires to transfer, the most senior of these judges is entitled to transfer. After a transfer, or the thirty (30) day period if a transfer is not made, the commission shall meet to nominate three (3) candidates to fill the unexpired term of the vacancy caused by the transferring judge or the original vaca

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(a) When a judge of the superior court:
(1) dies, resigns, is removed from office; or
(2) is for any reason ineligible to continue or incapable of
continuing in office until the end of the judge's term in office;
a judge in another division may not more than thirty (30) days after the
vacancy occurs transfer to the vacant position for the remainder of the
transferring judge's term. A judge who has made one (1) transfer is
ineligible to make any other transfers. If more than one (1) judge
desires to transfer, the most senior of these judges is entitled to transfer.
After a transfer, or the thirty (30) day period if a transfer is not made,
the commission shall meet to nominate three (3) candidates to fill the
unexpired term of the vacancy caused by the transferring judge or the
original vacancy if a transfer is not made.
(b) The clerk shall promptly notify the members of the commission
of a vacancy that the commission must fill under subsection (a), and the
chairman shall call a meeting of the commission within ten (10) days
following that notice. The commission shall submit its nominations of
three (3) candidates for the vacancy and shall certify them to the
governor not later than sixty (60) days after the vacancy occurred.
When it is known that a vacancy will occur at a definite future date
within the term of the governor then serving:
(1) the clerk shall notify the chairman and each member of the
commission immediately; and
(2) the chairman shall call a meeting of the commission within ten
(10) days following that notice.
The commission may then submit its nominations of three (3)
candidates for each impending vacancy and shall certify them to the
governor.
(c) Meetings of the commission shall be called by its chairman, or,
if the chairman fails to call a necessary meeting, upon the call of any
four (4) members of the commission. Written notice of a meeting shall
be given by mail to each member of the commission at least five (5)
days before the meeting, unless the commission at its previous meeting
designated the time and place of its next meeting.
(d) Meetings of the commission may be held in the Allen County
courthouse or in another public building in Allen County designated by
the commission.
(e) The commission shall act only at a meeting and may act only by
the concurrence of a majority of its members attending a meeting. The
commission may adopt rules for the conduct of its proceedings and the
discharge of its duties.
[Pre-2004 Recodification Citation: 33-5-5.1-37.1.]