Any St. Joseph County lawyer who wishes to be considered by the Governor as a candidate for an upcoming judicial vacancy on the St. Joseph Superior Court must act promptly to apply and provide background information to the St. Joseph Superior Court Nominating Commission.

That vacancy will be created when the Honorable William T. Means retires on September 30, 2008.

The Indiana Code provides that the vacancy must be filled by appointment by the Governor of one of up to five nominees submitted by the St. Joseph Superior Court Nominating Commission, which is chaired by Indiana Supreme Court Justice Frank Sullivan, Jr.

Factors that the Commission must consider are set forth in Indiana Code § 33-33-71-37 and include applicants’ law school record, scholarly work, public service work in civic affairs and the administration of justice, legal experience, probable judicial temperament, physical condition, personality traits, and potential conflicts of interest.

Application forms have been prepared and are now available from Rita Glenn, Clerk of the St. Joseph Circuit and Superior Courts, who can be reached at (574) 235-9772, and online at http://www.in.gov/judiciary/stjoseph/judicial-application.pdf.

Prospective applicants should consult the Nominating Commission statute, particularly Indiana Code § 33-33-71-37, for eligibility information.  Generally, in order to be eligible for nomination, a person must (1) live in St. Joseph County, Indiana; (2) be a citizen of the United States; and (3) be admitted to the practice of law in the courts of Indiana.

An original application form and eight copies must be completed and returned to the office of the Clerk on or before Friday, August 29, 2008, at 5:00 p.m.  Applicants who submitted an application for another court vacancy in the past must submit a new application along with the requisite number of copies.

Applicants must be available for personal interviews with the Nominating Commission on Friday, September 12, 2008 in South Bend.

Special Notice Concerning Confidentiality:  In 1999, the Indiana General Assembly amended the St. Joseph County Judicial Nominating Commission statute by adding a provision that appears to prohibit the public disclosure of the names of applicants (except those five who are nominated for appointment). See Ind. Code § 33-33-71-38. In order to comply with this provision, the Commission will not disclose the names of applicants.  However, the Commission is unable to assure applicants that their names will remain confidential.  The Commission has certain statutory and inherent obligations that may result in the names of applicants becoming known, even if no affirmative public disclosure is made.  For example, the applications appear to be public records under Ind. Code §§ 5-14-3-1, et seq. and are so subject to public inspection upon proper request.