This text of Indiana § 33-33-49-13.7 (Recommendations concerning retention) 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.
7.
(a)This section applies to each sitting
judge who will stand for retention under section 13.3 of this chapter,
including a person who served as a judge of the Marion superior court
on December 31, 2016. However, an incumbent judge must appear
only one (1) time before the committee for purposes of this section.
(b)The following definitions apply throughout this section:
(1)"News media" includes:
(A)a newspaper of general circulation in Marion County;
(B)one (1) or more broadcasters serving Marion County;
(C)any person who uses a blog or similar Internet web site to
provide information or commentary concerning the judiciary or
political matters of interest to residents of Marion County; and
(D)any other appropriate source of news or information for
Marion County residents.
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7. (a) This section applies to each sitting
judge who will stand for retention under section 13.3 of this chapter,
including a person who served as a judge of the Marion superior court
on December 31, 2016. However, an incumbent judge must appear
only one (1) time before the committee for purposes of this section.
(b) The following definitions apply throughout this section:
(1) "News media" includes:
(A) a newspaper of general circulation in Marion County;
(B) one (1) or more broadcasters serving Marion County;
(C) any person who uses a blog or similar Internet web site to
provide information or commentary concerning the judiciary or
political matters of interest to residents of Marion County; and
(D) any other appropriate source of news or information for
Marion County residents.
(2) "Voter outreach organization" includes any organization that
has the goal of informing voters in Marion County about issues
and candidates in upcoming elections.
(c) This subsection does not apply to an incumbent judge who has
previously appeared before the committee for purposes of this section
at least one (1) time. Before a judge may stand for retention under
section 13.3 of this chapter, the judge must appear before the
committee to permit the committee to issue a recommendation to the
voters concerning the judge's qualifications and suitability to continue
to hold judicial office.
(d) At the time a judge files a statement under section 13.3 of this
chapter that the judge wishes to be retained in office, the judge shall:
(1) notify the committee that the judge wishes to be retained in
office; and
(2) provide the committee with a written statement describing the
judge's qualifications, with particular emphasis on the matters
described in section 13.4(b) of this chapter.
(e) After receiving the materials described in subsection (d), the
committee shall promptly schedule a hearing to consider the materials
submitted by the judge and interview the judge. Each judge is entitled
to a hearing before the committee. The hearings shall be held in
executive session.
(f) A judge is presumed qualified. The affirmative votes of at least
nine (9) committee members are required to find that a judge is not
qualified.
(g) If the committee finds that a judge is not qualified, the
committee shall do the following:
(1) Through the chairperson, place on the appropriate Internet
web site of the Indiana supreme court the following statement:
"After considering Judge (insert name here)'s qualifications and
Judge (insert name here)'s performance in office, the Marion
County Judicial Selection Committee finds that Judge (insert
name here) IS NOT qualified and SHOULD NOT BE retained in
office.".
(2) Issue the following statement to news media and voter
outreach organizations: "After considering Judge (insert name
here)'s qualifications and Judge (insert name here)'s performance
in office, the Marion County Judicial Selection Committee finds
that Judge (insert name here) IS NOT qualified and SHOULD
NOT BE retained in office.".
(3) Take any other steps reasonably calculated to inform the
general public in Marion County of the committee's
determination.
(h) If the committee does not find that a judge is unqualified, the
committee shall do the following:
(1) Through the chairperson, place on the appropriate Internet
web site of the Indiana supreme court the following statement:
"After considering Judge (insert name here)'s qualifications and
Judge (insert name here)'s performance in office, the Marion
County Judicial Selection Committee finds that Judge (insert
name here) IS qualified and SHOULD BE retained in office.".
(2) Issue the following statement to news media and voter
outreach organizations: "After considering Judge (insert name
here)'s qualifications and Judge (insert name here)'s performance
in office, the Marion County Judicial Selection Committee finds
that Judge (insert name here) IS qualified and SHOULD BE
retained in office.".
(3) Take any other steps reasonably calculated to inform the
general public in Marion County of the committee's
determination.
(i) Subject to section 13.1 of this chapter, the committee may adopt
policies and operating procedures to implement this section.