This text of Indiana § 33-33-49-13.1 (Marion County judicial selection committee; duties; open records;
reporting requirement) 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.
1.
(a)As used in this chapter:
(1)"close relative" has the meaning set forth in IC 33-23-11-2;
and
(2)"committee" refers to the Marion County judicial selection
committee established by subsection (b).
(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.
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1. (a) As used in this chapter:
(1) "close relative" has the meaning set forth in IC 33-23-11-2;
and
(2) "committee" refers to the Marion County judicial selection
committee established by subsection (b).
(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 3-5-2.1-62(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.
(u) On or before July 1, 2027, and July 1 biennially thereafter, the
committee shall submit a report to the executive director of the
legislative services agency, in an electronic format under IC 5-14-6, for
review by the interim committee on government in accordance with IC 1-1-15.5-4 and IC 2-5-1.3-13(g). The report shall describe:
(1) official action taken; and
(2) actionable items considered;
by the committee during the preceding two (2) years.