§ 33-33-71-40 — Appointment to fill vacancies

(a) A vacancy occurring in the St. Joseph
superior court shall be filled by appointment of the governor from a list
of nominees presented to the governor by the judicial nominating
commission. If the governor fails to make an appointment from the list
within sixty (60) days from the day it is presented to the governor, the
appointment shall be made by the chief justice or the acting chief
justice of Indiana from the same list presented to the governor.
(b) The governor shall make all appointments to the St. Joseph
superior court without regard to the political affiliation of any of the
nominees submitted to the governor. In the interest of justice, the
governor shall consider only those qualifications of the nominees
included in section 37 of this chapter.
(c) If the St. Joseph County judicial nominating commission, by a
vote of any five (5) of its voting members, determines that, of the
persons considered for any existing or expected vacancy in the St.
Joseph superior court, less than five (5) are qualified for judicial office,
within the scope of this chapter, the commission shall certify that
determination to the governor together with the name or names of the
person or persons found to be qualified under this chapter. In that
event, the governor, chief justice, or acting chief justice shall make the
selection or, if only one (1) name is submitted, make the appointment.
[Pre-2004 Recodification Citation: 33-5-40-44.]

Legislative History

As added by P.L.98-2004, SEC.12. Amended by P.L.204-2021, SEC.19.