Sec. 43. (a) The question of the retention in office or rejection of each judge of the St. Joseph superior court shall be submitted to the electorate of St. Joseph County at the general election immediately preceding expiration of the term of that judge.
(b) A judge who wishes to be retained in office shall file a statement with the secretary of state, not later than noon July 15 of the year in which the question of retention of the judge is to be placed on the general election ballot, indicating that the judge wishes to have the question of the judge's retention placed on the ballot. The judge's statement must include a statement of the judge's name as:
(1) the judge wants the judge's name to appear on the ballot; and
(2) the candidate's name is permitted to appear on the ballot under IC 3-5-7.
(c) If a judge subject to this chapter does not file the statement required under subsection (b), the question of the judge's retention in office or rejection may not be submitted to the electorate, and the office is vacant at the expiration of the term.
(d) The St. Joseph County election board shall submit the question of the retention in office or rejection of any judge to the electorate of St. Joseph County. The submission of this question is subject to the provisions of IC 3 that are not inconsistent with this chapter.
(e) At the general election, the question of the retention in office or rejection of a judge shall be submitted to the electorate of St. Joseph County in the form prescribed by IC 3-11 and must state "Shall Judge (insert name) of the St. Joseph superior court be retained in office for an additional term?".
(f) If a majority of the ballots cast by the electors voting on the question is "No", the judge whose name appeared on such question is rejected. The office of the rejected judge is vacant on January 1 following the rejection. The vacancy shall be filled by appointment of the governor under section 40 of this chapter. The name of the rejected judge may not be included among those submitted to the governor. However, the judge's rejection does not disqualify a rejected judge from being considered for another judicial office that becomes vacant.
[Pre-2004 Recodification Citation: 33-5-40-47.]
As added by P.L.98-2004, SEC.12. Amended by P.L.58-2005, SEC.36; P.L.74-2017, SEC.77.
Structure Indiana Code
Title 33. Courts and Court Officers
Article 33. Court System Organization in Each County
33-33-71-5. Establishment of Superior Court; Number of Judges
33-33-71-10. Court of Record; Force and Effect of Judgments, Decrees, and Orders
33-33-71-11. Power and Authority of Judges
33-33-71-12. Powers of Judges Same as Circuit Judges
33-33-71-13. Sessions of Court; Facilities; Jurisdiction
33-33-71-14. Dockets; Books, Papers, and Records
33-33-71-15. Single Order Book for Entire Court
33-33-71-18. Laws and Rules Governing Practice and Procedure
33-33-71-20. Appeal From Order or Judgment of Court
33-33-71-22. Appointment of Officers and Personnel
33-33-71-24. Judges Acting in Concert; Majority Decision
33-33-71-25. Administrative Officer of Court
33-33-71-26. Transfer of Causes From Circuit Court
33-33-71-27. Transfer of Causes to Circuit Court
33-33-71-28. Circuit Court Judge Sitting as Superior Court Judge
33-33-71-29. Judicial Nominating Commission; Establishment
33-33-71-30. Judicial Nominating Commission; Membership
33-33-71-31. Members Appointed by the St. Joseph County Board of Commissioners
33-33-71-35. Succession of Membership
33-33-71-36. Nominations for Vacancies in Superior Court; Meetings of Commission
33-33-71-37. Qualifications of Nominees; Evaluation
33-33-71-38. List of Nominees; Submission to Governor
33-33-71-39. Withdrawal of List or Names of Nominees
33-33-71-40. Appointment to Fill Vacancies
33-33-71-41. Effective Date of Appointments
33-33-71-43. Submission of Question of Retention in Office or Rejection of Judge to Electorate
33-33-71-44. Conditions of Office
33-33-71-45. Judicial Qualifications Commission; Membership; Employment of Special Counsel
33-33-71-46. Recommendation for Suspension or Removal of Judge
33-33-71-47. Meetings of Commission
33-33-71-48. Confidentiality of Proceedings
33-33-71-49. Defamatory Material
33-33-71-51. Complaint by Citizen; Investigation
33-33-71-52. Notification of Formal Proceedings
33-33-71-54. Time and Place for Hearing
33-33-71-57. Rights of Judge in Formal Proceedings
33-33-71-58. Amendments to Notice or Answer
33-33-71-59. Hearing Additional Evidence
33-33-71-60. Recommendation of Commission; Vote
33-33-71-61. Certified Recommendation to Supreme Court
33-33-71-62. Petition to Modify or Reject Commission Recommendation
33-33-71-63. Powers of Commission in Investigations and Hearings
33-33-71-65. Enforcement of Subpoena
33-33-71-66. Papers and Pleadings Filed With Commission