IC 3-13-6
    Chapter 6. Vacancies in County Judicial and Circuit Offices

IC 3-13-6-1
Certification of vacancy to governor; manner of filling vacancy
    Sec. 1. (a) As used in this section, "judge" refers to a judge of acircuit, superior, probate, or county court.
    (b) If a judge wants to resign from office, the judge must resignas provided in IC 5-8-3.5.
    (c) A vacancy that occurs because of the death of a judge may becertified to the governor under IC 5-8-6.
    (d) A vacancy that occurs, other than by resignation or death of ajudge, shall be certified to the governor by the circuit court clerk ofthe county in which the judge resided.
    (e) A vacancy in the office of judge of a circuit court shall befilled by the governor as provided by Article 5, Section 18 of theConstitution of the State of Indiana. However, the governor may notfill a vacancy that occurs because of the death of a judge until thegovernor receives notice of the death under IC 5-8-6. The personwho is appointed holds the office until:
        (1) the end of the unexpired term; or
        (2) a successor is elected at the next general election andqualified;
whichever occurs first. The person elected at the general electionfollowing an appointment to fill the vacancy, upon being qualified,holds office for the six (6) year term prescribed by Article 7, Section7 of the Constitution of the State of Indiana and until a successor iselected and qualified.
    (f) A vacancy in the office of judge of a superior, probate, orcounty court shall be filled by the governor subject to the following:
        (1) IC 33-33-2-39.
        (2) IC 33-33-2-43.
        (3) IC 33-33-45-38.
        (4) IC 33-33-71-40.
However, the governor may not fill a vacancy that occurs because ofthe death of a judge until the governor receives notice of the deathunder IC 5-8-6. The person who is appointed holds office for theremainder of the unexpired term.
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.434;P.L.5-1989, SEC.67; P.L.334-1989(ss), SEC.2; P.L.16-1995, SEC.2;P.L.18-1995, SEC.1; P.L.98-2004, SEC.42; P.L.119-2005, SEC.4.

IC 3-13-6-2
Office of prosecuting attorney
    Sec. 2. (a) A vacancy that occurs, other than by resignation, in theoffice of prosecuting attorney shall be certified to the governor bythe circuit court clerk of the county in which the prosecuting attorneyresided.
    (b) A vacancy in the office of prosecuting attorney that was lastheld by a person elected or selected as a candidate of a major

political party of the state shall be filled by a caucus underIC 3-13-11.
    (c) A vacancy in the office of prosecuting attorney not covered bysubsection (b) shall be filled by the governor.
    (d) The person appointed or selected holds office for theremainder of the unexpired term and until a successor is elected andqualified.
    (e) If a vacancy in the office of the prosecuting attorney occursunder subsection (b), the chief deputy prosecuting attorney appointedunder IC 33-39-6-2 shall be the acting prosecuting attorney until thevacancy is filled by the caucus under IC 3-13-11.
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.435;P.L.7-1994, SEC.1; P.L.19-1995, SEC.1; P.L.98-2004, SEC.43.

IC 3-13-6-3
Office of clerk of circuit court
    Sec. 3. (a) A vacancy in the office of clerk of the circuit court thatwas last held by a person elected or selected as a candidate of amajor political party of the state shall be filled by a caucus underIC 3-13-11.
    (b) A vacancy that occurs in the office of clerk of the circuitcourt:
        (1) other than by resignation; and
        (2) that is not covered by subsection (a);
shall be certified to the governor by the judge of the circuit court.
    (c) A vacancy in the office of clerk of the circuit court not coveredby subsection (a) shall be filled by the governor. The person who isappointed holds office for the remainder of the unexpired term anduntil a successor is elected and qualified.
As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.436;P.L.14-1988, SEC.1.