SENATE JOINT
RESOLUTION No. 1
_____
DIGEST OF SJ 1
(Updated February 23, 2005 4:39 pm - DI 106)
Citations Affected: Article 7 of the Constitution of the State of
Indiana.
Synopsis: Selection of justices and appellate court judges. Renames
the judicial nominating commission as the commission on judicial
nominations and qualifications. Provides that one commission member
will be selected by attorneys licensed in Indiana, one commission
member will be appointed by the speaker of the house of
representatives, and one commission member will be appointed by the
president pro tem. Requires at least one commission member
appointed by the governor to be an attorney. Provides for the governor
to fill a vacancy on the supreme court or the court of appeals from
nominees recommended by the commission on judicial nominations
and qualifications, subject to confirmation by the senate. Provides that
a justice of the supreme court and a judge of the court of appeals serves
until July 1 of the tenth year after the justice's or judge's appointment
is confirmed by the senate or the justice's or judge's retention in office
is confirmed by the senate. Provides that if a justice or judge wants to
serve a new term, the justice or judge must apply to the senate for
retention. Specifies that a judge or justice will be retained, unless: (1)
the judge or justice does not apply to the senate for retention; and (2)
at least 60% of the members of the senate vote against retention.
Clarifies impeachment proceedings for a justice or judge. Provides a
transition for justices and judges serving at the time of the adoption of
these amendments to the Constitution.
Effective: This proposed amendment must be agreed to by two
consecutive general assemblies and ratified by a majority of the state's
voters voting on the question to be effective.
Young R Michael
January 11, 2005, read first time and referred to Committee on Judiciary.
February 24, 2005, amended, reported favorably _ Do Pass.
February 25, 2005
First Regular Session 114th General Assembly (2005)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the word
NEW will appear in that style type in the introductory clause of each SECTION that adds a
new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2004 Regular General Assembly.
SENATE JOINT
RESOLUTION No. 1
A JOINT RESOLUTION proposing an amendment to Article 7 of
the Constitution of the State of Indiana concerning the judiciary.
Be it resolved by the General Assembly of the State of Indiana:
SOURCE: ; (05)SJ0001.2.1. -->
SECTION 1. The following amendment to the Constitution of the
State of Indiana is proposed and agreed to by this, the One Hundred
Fourteenth General Assembly of the State of Indiana, and is referred to
the next General Assembly for reconsideration and agreement.
SOURCE: CON 7; (05)SJ0001.2.2. -->
SECTION 2. ARTICLE 7, SECTION 3 OF THE CONSTITUTION
OF THE STATE OF INDIANA IS AMENDED TO READ AS
FOLLOWS: Section 3. Chief Justice. (a) The Commission on Judicial
Nominations and Qualifications shall select the Chief Justice of the
State shall be selected by the judicial nominating commission from the
members of the Supreme Court. and he shall retain
(b) The Chief Justice may hold that office for a period of five (5)
years, subject to reappointment in the same manner. except that a
member of the Court The Chief Justice may resign the office of Chief
Justice without resigning from the Court.
(c) During a vacancy in the office of Chief Justice caused by
absence, illness, incapacity, or resignation all powers and duties of that
the office shall devolve upon the member of the Supreme Court who
is senior in length of service and if equal in length of service the
determination shall be by lot until such time as the cause of the vacancy
is terminated or the vacancy is filled.
(d) The Chief Justice of the State shall appoint such persons as the
General Assembly by law may provide for the administration of his the
Chief Justice's office.
(e) The Chief Justice shall have prepared and submit to the General
Assembly regular reports on the condition of the courts and such other
reports as may be requested by the General Assembly.
SOURCE: CON 7; (05)SJ0001.2.3. -->
SECTION 3. ARTICLE 7, SECTION 9 OF THE CONSTITUTION
OF THE STATE OF INDIANA IS AMENDED TO READ AS
FOLLOWS: Section 9.
Judicial Nominating Commission. (a) There
shall be
one judicial nominating commission for the Supreme Court
and Court of Appeals. This commission shall, in addition, be the a
Commission on Judicial
Nominations and Qualifications.
for the
Supreme Court and Court of Appeals.
(b) The
judicial nominating Commission
shall consist consists of
the following seven
(7) members:
a majority of whom shall form a
quorum, one of whom shall be
(1) The Chief Justice of the State or a Justice of the Supreme
Court
whom he may designate, designated by the Chief Justice,
who shall act as
chairman. Those the Commission's chair.
(2) One individual admitted to the practice of law
shall elect
three of their number to serve as members of said commission.
All elections shall be in such manner as the General Assembly
may provide. in Indiana elected by those admitted to the
practice of law in Indiana.
(3) Three (3) citizens of Indiana appointed by the Governor.
shall appoint to the commission three citizens, At least one of the
citizens appointed by the Governor shall not be admitted to the
practice of law.
The terms of office and compensation for
members of a judicial nominating commission shall be fixed by
the General Assembly. No
(4) One citizen of Indiana appointed by the President Pro
Tempore of the Senate.
(5) One citizen of Indiana appointed by the Speaker of the
House of Representatives.
(c) A member of
a judicial nominating the Commission other than
the Chief Justice or
his the Chief Justice's designee
shall may not
hold any other salaried public office. No A Commission member shall
may not hold an office in a political party or organization. No A
Commission member of the judicial nominating commission shall be
is not eligible for appointment to a judicial office so long as he while
the individual is a member of the Commission and for a period of
three (3) years thereafter. after the individual leaves the Commission.
(d) The General Assembly shall provide by law for the
following:
(1) The term of office of Commission members.
(2) The compensation of Commission members.
(3) The manner of election of the elected Commission
member.
(e) Four (4) Commission members constitute a quorum of the
Commission.
SOURCE: CON 7; (05)SJ0001.2.4. -->
SECTION 4. ARTICLE 7, SECTION 10 OF THE CONSTITUTION
OF THE STATE OF INDIANA IS AMENDED TO READ AS
FOLLOWS: Section 10.
Selection of Justices of the Supreme Court and
Judges of the Court of Appeals. (a) The Governor shall fill a vacancy
in a judicial office in the Supreme Court or Court of Appeals,
shall be
filled by the Governor, without regard to political affiliation,
by
appointing an individual from a list of three
(3) nominees
presented
to him recommended by the
judicial nominating Commission
If the
Governor shall fail to make an appointment from the list within sixty
days from the day it is presented to him, the appointment shall be made
by the Chief Justice or the acting Chief Justice from the same list. on
Judicial Nominations and Qualifications.
(b) To be eligible for nomination as a Justice of the Supreme Court
or Judge of the Court of Appeals, a person must be:
(1) domiciled within the geographic district;
(2) a citizen of the United States;
and
(3) admitted to the practice of law in the courts of
the State
Indiana for a period of not less than ten (10) years or must have
served as a judge of a circuit, superior, or criminal court of
the
State of Indiana for a period of not less than five (5) years.
(c) Before an individual appointed as a Justice or Judge under
this section may take office, the individual's appointment must be
confirmed by the Senate by the affirmative vote of a majority of
the members elected to the Senate under rules adopted by the
Senate. The Governor may call the General Assembly into a special
session to confirm an appointment to a judicial office under this
section.
(d) If the Governor fails to make an appointment not later than
sixty (60) days after the Commission makes a recommendation to
fill the vacancy, the Senate may confirm any of the nominees
recommended by the Commission to the Governor.
(e) If the Senate fails to confirm a nominee not later than the
sine die adjournment of the session of the General Assembly that
occurs immediately after the names of nominees are submitted to
the Governor:
(1) a nominee may not take the judicial office; and
(2) the office shall be filled as a vacancy by another individual
as provided in this section.
SOURCE: CON 7; (05)SJ0001.2.5. -->
SECTION 5. ARTICLE 7 OF THE CONSTITUTION OF THE
STATE OF INDIANA IS AMENDED BY ADDING A NEW
SECTION TO READ AS FOLLOWS: Section 10.5. (a) A Justice of
the Supreme Court or Judge of the Court of Appeals may serve
until July 1 of the tenth year after the Justice's or Judge's:
(1) appointment is confirmed under section 10 of this article;
or
(2) retention is confirmed under this section.
(b) If a Justice or Judge wishes to serve an additional term, the
Justice or Judge must apply to the Senate for retention as provided
by law.
(c) A Justice or Judge shall be retained in office unless at least
sixty percent of the members elected to the Senate vote not to
retain the Judge or Justice in office under rules adopted by the
Senate.
(d) If a Judge or Justice fails to apply to the Senate for retention
as provided by law, or if at least sixty percent of the members of
the Senate vote against the retention of the Justice or Judge in
office:
(1) the term of the Judge or Justice expires as provided in
subsection (a);
(2) the Judge or Justice may not continue in office; and
(3) the office shall be filled as a vacancy by another individual
as provided in section 10 of this article.
SOURCE: CON 7; (05)SJ0001.2.6. -->
SECTION 6. ARTICLE 7, SECTION 11 OF THE CONSTITUTION
OF THE STATE OF INDIANA IS AMENDED TO READ AS
FOLLOWS: Section 11.
Tenure of Justices of Supreme Court and
Judges of the Court of Appeals. A Justice of the Supreme Court or
Judge of the Court of Appeals shall serve until the next general election
following the expiration of two years from the date of appointment, and
subject to approval or rejection by the electorate, shall continue to
serve for terms of ten years, so long as he retains his office. In the case
of a justice of the Supreme Court, the electorate of the entire state shall
vote on the question of approval or rejection. In the case of judges of
the Court of Appeals the electorate of the geographic district in which
he serves shall vote on the question of approval or rejection. Every
such (a) A Justice or Judge may be removed from office under this
section, Article 6, Section 7, or Article 6, Section 8.
(b) A Justice and or Judge shall retire at the age specified by statute
in effect at the commencement of his the Justice's or Judge's current
term.
Every such (c) A Justice or Judge is disqualified from acting as a
judicial officer, without loss of salary, while there is pending:
(1) an indictment or information charging him the Justice or
Judge in any court in the United States with a crime punishable
as a felony under the laws of Indiana or the United States; or
(2) a recommendation to the Supreme Court by the Commission
on Judicial Nominations and Qualifications for his the Justice's
or Judge's removal or retirement.
(d) On recommendation of the Commission on Judicial
Nominations and Qualifications or on its own motion, the Supreme
Court may suspend such a Justice or Judge from office without salary
when in any court in the United States he the Justice or Judge:
(1) pleads guilty or to;
(2) pleads no contest to; or
(3) is found guilty of;
a crime punishable as a felony under the laws of Indiana or the United
States, or of any other crime that involves moral turpitude under that
law. If his the Justice's or Judge's conviction is reversed, the
suspension terminates, and he the Justice or Judge shall be paid his
the Justice's or Judge's salary for the period of suspension. If he the
Justice or Judge is suspended and his the conviction becomes final,
the Supreme Court shall remove him the Justice or Judge from office.
(e) On recommendation of the Commission on Judicial
Nominations and Qualifications the Supreme Court may:
(1) retire such a Justice or Judge for disability that seriously
interferes with the performance of his judicial duties and is or is
likely to become permanent; and
(2) censure or remove such the Justice or Judge for action
occurring not more than six (6) years prior to before the
commencement of his the Justice's or Judge's current term,
when such action constitutes:
(A) willful misconduct in office;
(B) willful and persistent failure to perform his judicial duties;
(C) habitual intemperance; or
(D) conduct prejudicial to the administration of justice that
brings the judicial office into disrepute.
(f) A Justice or Judge
so retired by the Supreme Court shall be
considered to have retired voluntarily. A Justice or Judge
so removed
by the Supreme Court is ineligible for judicial office and pending
further order of the Court
he is suspended from practicing law in
this
State. Indiana.
(g) Upon receipt by the Supreme Court of any such
recommendation, the Court shall:
(1) hold a hearing, at which
such the Justice or Judge is entitled
to be present; and
(2) make
such any determinations
as shall be required. No the
Court considers necessary.
A Justice
shall may not participate in the determination of
such a
hearing when it concerns
himself. the Justice's own case.
(h) The Supreme Court shall make rules implementing this section
and provide for convening of hearings. Hearings and proceedings shall
be public upon request of the Justice or Judge whom it concerns.
No such (i) A Justice or Judge
shall, may not during
his the
Justice's or Judge's term of office
do any of the following:
(1) Engage in the practice of law.
(2) Run for elective office other than a judicial office.
(3) Directly or indirectly make any contribution to, or hold any
office in, a political party or organization.
or
(4) Take part in any political campaign
other than a campaign
for election as a Judge of the Court of Appeals.
SECTION 7. THE CONSTITUTION OF THE STATE OF
INDIANA IS AMENDED BY ADDING THE FOLLOWING
SCHEDULE:
SCHEDULE
An individual who serves as a Justice of the Indiana Supreme
Court or a Judge of the Indiana Court of Appeals on the date the
amendments to Article 7 of the Constitution of the State of Indiana,
as amended by this joint resolution, are approved by the voters of
Indiana may continue in office until the date the Justice's or
Judge's term would have expired under Article 7 of the
Constitution of the State of Indiana before its amendment by this
joint resolution.
Such a Justice or Judge may seek a new term of office before the
Justice's or Judge's term expires, subject to confirmation by the
Senate as if the Justice or Judge had been nominated to fill a
vacancy as provided in Article 7, Section 10 of the Constitution of
the State of Indiana, as amended by this joint resolution. The
successors of such Justices of the Supreme Court and Judges of the
Court of Appeals shall be chosen as provided in Article 7 of the
Constitution of the State of Indiana, as amended by this joint
resolution.