Indiana Code
Chapter 49. Marion County
33-33-49-13.7. Recommendations Concerning Retention

Sec. 13.7. (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.
As added by P.L.245-2017, SEC.12.

Structure Indiana Code

Indiana Code

Title 33. Courts and Court Officers

Article 33. Court System Organization in Each County

Chapter 49. Marion County

33-33-49-1. Application

33-33-49-2. Judicial Circuit; Magistrate

33-33-49-3. "City-County Council" Defined

33-33-49-4. "Clerk" Defined

33-33-49-5. "Court" Defined

33-33-49-6. Establishment; Qualification of Judges; Residency

33-33-49-7. Name

33-33-49-8. Seal

33-33-49-9. Repealed

33-33-49-10. Court of Record; Force and Effect of Judgments, Decrees, and Orders

33-33-49-11. Power and Authority; Removal of Presiding Judge; Incidental Powers of Judges

33-33-49-12. Orders, Writs, Appointments, and Commissions

33-33-49-13. Repealed

33-33-49-13.1. Marion County Judicial Selection Committee; Duties; Open Records

33-33-49-13.2. Term of Office; Retention Classes

33-33-49-13.3. Retention Procedures

33-33-49-13.4. Judicial Selection Committee Nomination Procedure

33-33-49-13.5. Rights of Municipal Court Judge Serving as Part-Time Judge on December 31, 1997; Conditions; Part-Time Judge Standing for Election; Effect of Ethics Determinations

33-33-49-13.7. Recommendations Concerning Retention

33-33-49-14. Executive Committee; Divisions of Court

33-33-49-15. Powers and Duties of Executive Committee; Appointment and Powers of Commissioners

33-33-49-16. Judicial Officer; Probate Matters; Powers and Duties

33-33-49-17. Sessions of Court; Facilities

33-33-49-18. Books, Papers, and Records of Court

33-33-49-19. Single Order Book

33-33-49-20. Laws Applicable to Court

33-33-49-21. Repealed

33-33-49-22. Appeals

33-33-49-23. Process

33-33-49-24. Transfer of Cases From Circuit Court

33-33-49-25. Transfer of Cases to Circuit Court

33-33-49-26. Authority of Circuit Judge to Sit in Superior Court

33-33-49-27. Oath

33-33-49-28. Judicial Notice

33-33-49-29. Costs of Appeals

33-33-49-30. Conditions of Continued Qualification for Office of Judge; Complaints; Retirement; Vacancies

33-33-49-31. Magistrate

33-33-49-32. Appointment of Magistrates; Transfer of Proceeding Back to Judge

33-33-49-33. Court Administrator

33-33-49-34. Books, Papers, and Records of the Court; Forms