§ 33-33-49-13.3 — Retention procedures

Indiana § 33-33-49-13.3

• Jurisdiction: Indiana
• Art. 33: COURT SYSTEM ORGANIZATION IN EACH
• Ch. 49: Marion County

Text

3. (a) The retention in office of a sitting
judge of the court shall be approved or rejected by the electorate of
Marion County in accordance with this section.
(b) A judge who wishes to be retained in office shall file a statement
with the clerk and secretary of state during the period described in IC 3-8-2-4 during which a declaration of candidacy must be filed in the
year in which the judge's term expires. The judge's statement must
include the following information:
(1) A statement indicating that the judge wishes to have the
question of the judge's retention placed on the ballot.
(2) A statement of the judge's name as:
(A) the judge wants the judge's name to appear on the ballot;
and
(B) a candidate's name is permitted to appear on the ballot
under IC 3-5-7.
(3) If the judge is affiliated with a political party, the name of that
political party. The judge may indicate in the statement that the
judge is not affiliated with a political party. For purposes of this
subdivision, a judge's affiliation with a political party is
determined as provided in IC 3-8-2-7(a)(4).
(4) A statement that the judge requests that the name on the
judge's voter registration record be the same as the name the
judge uses on the statement. If there is a difference between the
name on the judge's statement and the name on the judge's voter
registration record, the clerk shall change the name on the judge's
voter registration record to be the same as the name on the judge's
statement.
If a judge does not file a statement under this subsection with both the
clerk and the secretary of state, the clerk shall, not later than March 1,
notify the Marion County judicial selection committee in writing that
the judge does not wish to continue in office after the end of the judge's
term of office.
(c) The term of a judge:
(1) who does not file statements under subsection (b); and
(2) whose term expires during the year in which the question of
the retention of the judge would have been placed on the general
election ballot;
expires December 31 of the year in which the question of the judge's
retention would have been placed on the ballot.
(d) If the question of a judge's retention is required to be on the
ballot at a general election, the question of approval or rejection of the
judge's retention shall be placed on the general election ballot in the
form prescribed by IC 3-11-2 and must state:
"Shall Judge (insert here the name of the judge as stated under
subsection (b)(2)) be retained in office?".
If a majority of the ballots cast by the electors voting on the question
is "Yes", the judge whose name appears on the question shall be
approved for a six (6) year term beginning January 1 following the
general election as provided in section 13.2 of this chapter. If a
majority of the ballots cast by the electors voting on the question is not
"Yes", the following apply:
(1) Retention of the judge whose name appears on the question is
rejected.
(2) The office of the rejected judge becomes vacant on January 1
following the rejection.
(3) The vacancy shall be filled in accordance with this chapter.

Legislative History

As added by P.L.245-2017, SEC.10.