CHAPTER 2. COMMISSIONERS, EMPLOYEES, AND STAFF
IC 33-27-2
Chapter 2. Commissioners, Employees, and Staff
IC 33-27-2-1
Nonattorney commissioners; appointment; term; residency;vacancy
Sec. 1. (a) The governor shall appoint three (3) nonattorneycitizens of Indiana, one (1) each from the First District, the SecondDistrict, and the Third District of the court of appeals, ascommissioners of the judicial nominating commission.
(b) One (1) month before the expiration of a term of office of anonattorney commissioner, the governor shall either reappoint thecommissioner as provided in section 5 of this chapter or appoint anew nonattorney commissioner. All appointments made by thegovernor to the judicial nominating commission shall be certified tothe secretary of state and to the clerk of the supreme court not laterthan ten (10) days after the appointment.
(c) Except as provided in subsection (e), the governor shallappoint each nonattorney commissioner for a term of three (3) years.
(d) An appointed nonattorney commissioner must reside in thecourt of appeals district for which the nonattorney commissioner wasappointed. A nonattorney commissioner is considered to haveresigned the position if the residency of the nonattorneycommissioner changes from the court of appeals district for whichthe nonattorney commissioner was appointed.
(e) When a vacancy occurs in the office of a nonattorneycommissioner, the chairman of the commission shall promptly notifythe governor in writing. Vacancies in the office of nonattorneycommissioners shall be filled by appointment by the governor notlater than sixty (60) days after the governor receives notice of thevacancy. The term of the nonattorney commissioner appointed to fillthe vacancy is for the unexpired term of the member whose vacancythe new nonattorney commissioner has filled.
As added by P.L.98-2004, SEC.6.
IC 33-27-2-2
Attorney commissioners; electors and elections; residency; term;vacancy
Sec. 2. (a) For purposes of electing attorney members to thejudicial nominating commission, the state shall be divided into three(3) districts, corresponding to the First District, the Second District,and the Third District of the court of appeals.
(b) The qualified electors consist of the individuals who areregistered with the clerk of the supreme court as attorneys in goodstanding under the requirements of the supreme court.
(c) The electors of each district shall elect one (1) resident of theirdistrict who is admitted to the practice of law in Indiana to thejudicial nominating commission. The term of office of each electedmember is three (3) years, beginning on the first day of Januaryfollowing the election. During the month before the expiration of an
elected member's term of office, an election shall be held to fill thesucceeding three (3) year term of office. Attorney commissioners onthe commission must reside for the term of their office in the districtfrom which they were elected. An attorney commissioner isconsidered to have resigned the position if the residency of theattorney commissioner changes from the court of appeals district forwhich the attorney commissioner was elected.
(d) Except when a term of office has less than ninety (90) daysremaining, vacancies in the office of an attorney commissioner to thejudicial nominating commission shall be filled for the unexpired termof the member creating the vacancy by a special election. Anattorney commissioner who is elected to fill an unexpired term shallcommence the attorney commissioner's duties immediately upon thecertification of the new attorney commissioner's election to thesecretary of state.
As added by P.L.98-2004, SEC.6.
IC 33-27-2-3
Election procedure
Sec. 3. The attorney commissioners of the judicial nominatingcommission shall be elected by the following process:
(1) The clerk of the supreme court shall, at least ninety (90)days before the date of an election, send a notice by mail to theaddress for each qualified elector shown on the records of theclerk informing the electors that nominations for the electionmust be made to the clerk of the supreme court at least sixty(60) days before the election.
(2) A nomination in writing accompanied by a signed petitionof thirty (30) electors from the nominee's district, and thewritten consent of the nominee shall be filed, by mail orotherwise, by any electors or group of electors admitted to thepractice of law in Indiana who reside in the same district as thenominee, in the office of the clerk of the supreme court at leastsixty (60) days before the election.
(3) The clerk of the supreme court shall prepare and printseparate ballots for each court of appeals district. These ballotsmust contain the names and residence addresses of all nomineesresiding within the district for which the ballots are prepared,and whose written nominations, petitions, and writtenstatements of consent have been received sixty (60) days beforethe election.
(4) The ballot must read as follows:
Indiana Judicial Nominating Commission
BALLOT FOR DISTRICT ( )
To be cast by individuals residing in District ( ) and registered withthe Clerk of the Supreme Court as an attorney in good standing underthe requirements of the Supreme Court. Vote for one (1) memberlisted below for Indiana Judicial Nominating Commissioner for theterm commencing _______.
District ( ) (Name) (Address)
(Name) (Address)
(Name) (Address)
To be counted, this ballot must be completed, the accompanyingcertificate completed and signed, and both together mailed ordelivered to the Clerk of the Supreme Court of Indiana, Indianapolis,Indiana, not later than _______.
DESTROY BALLOT IF NOT USED
(5) In each district, the nominee receiving the most votes fromthe district shall be elected.
(6) The clerk shall also supply with each ballot distributed acertificate, to be completed and signed and returned by theelector voting the ballot, certifying that the voter is registeredwith the clerk of the supreme court as an attorney in goodstanding under the requirements of the supreme court, and thatthe voter voted the ballot returned. A ballot not accompanied bythe signed certificate of the voter shall not be counted.
(7) To maintain the secrecy of each vote, a separate envelopeshall be provided by the clerk for the ballot, in which only thevoted ballot may be placed. This envelope shall not be openeduntil the counting of the ballots.
(8) The clerk of the supreme court shall mail a ballot and theaccompanying material to all electors at least two (2) weeksbefore the date of the election.
(9) The ballot and the accompanying certificate must bereceived by the clerk of the supreme court by 4 p.m. on the lastday of the election period.
(10) Upon receiving the completed ballots and theaccompanying certificate the clerk of the supreme court shallinsure that the certificates have been completed in compliancewith this article. All ballots that are accompanied by a validcertificate shall be placed in a package designated to containballots. All accompanying certificates shall be placed in aseparate package.
(11) The clerk of the supreme court, with the assistance of thesecretary of state and the attorney general, shall open andcanvass all ballots after 4 p.m. on the last day of the electionperiod in the office of the clerk of the supreme court. A ballotreceived after 4 p.m. may not be counted unless the chief justiceorders an extension of time because of unusual circumstances.Upon canvassing the ballots, the clerk of the supreme courtshall place all ballots back in their packages. These, along withthe certificates, shall be retained in the clerk's office for six (6)months, and the clerk may not permit anyone to inspect themexcept upon an order of the supreme court.
(12) Not later than ten (10) days after the election, the clerkshall certify the results to the secretary of state.
(13) In an election held for selection of attorney commissionersof the judicial nominating commission, if two (2) or morenominees are tied, the canvassers shall resolve the tie by lot in
a manner that they shall determine, and the winner of the lot isconsidered elected.
As added by P.L.98-2004, SEC.6.
IC 33-27-2-4
Notification
Sec. 4. After the attorney commissioners have been elected, andafter the names of the nonattorney commissioners appointed by thegovernor have been certified to the secretary of state as provided inthis chapter, the clerk shall notify, by regular mail, the members ofthe commission of their election or appointment.
As added by P.L.98-2004, SEC.6.
IC 33-27-2-5
Duration in office
Sec. 5. A member of the judicial nominating commission mayserve until the member's successor is appointed or elected. Anattorney commissioner or a nonattorney commissioner is not eligiblefor successive reelection or reappointment. However, an attorneycommissioner or a nonattorney commissioner who has beenappointed or elected to fill a vacancy on the commission for less thanone (1) year is eligible upon the expiration of that term, if otherwisequalified, for a succeeding term.
As added by P.L.98-2004, SEC.6.
IC 33-27-2-6
Compensation
Sec. 6. A member of the judicial nominating commission shallserve without compensation for the member's services, except for perdiem and travel expenses and other necessary and reasonableexpenses.
As added by P.L.98-2004, SEC.6.
IC 33-27-2-7
Personnel; appropriations
Sec. 7. (a) The judicial nominating commission may employinvestigators and other experts that the commission determines arenecessary to carry out its functions and purposes. The commissionmay employ special counsel in a proceeding if the commissiondetermines the employment is advisable.
(b) The division of state court administration shall serve thejudicial nominating commission in performing the commission'sstatutory and constitutional functions.
(c) The general assembly may appropriate the sums it considersnecessary for expenses that may be incurred in the administration ofthis article.
As added by P.L.98-2004, SEC.6.
IC 33-27-2-8
Staff duties Sec. 8. (a) The staff of the judicial nominating commission shallmake the findings of fact concerning individuals eligible to fill avacancy in a judicial office as the commission directs.
(b) The staff shall compile biographical sketches of each nomineerunning for election to the judicial nominating commission. Theinformation compiled shall be submitted to the clerk of the supremecourt for mailing, along with the ballots, to qualified electors. Thebiographical sketches prepared under this subsection must includethe following information for each nominee:
(1) Name and address.
(2) Legal background, including:
(A) type of practice;
(B) law firm; and
(C) law school year of graduation, honors, other pertinentinformation.
(3) General educational background.
(4) A short statement by the nominee stating the nominee'sefforts and achievements in bringing about improvement andbetterment of the administration of justice.
(5) Public offices or positions, including:
(A) all public salaried positions; and
(B) all services contributed to a public or charitableorganization.
(6) Business and civic affairs.
(7) Any other pertinent information that the commissionconsiders important.
(c) The staff shall carry out any other duties assigned to it by thegeneral assembly and by the judicial nominating commission whenacting in that capacity and in its capacity as the commission onjudicial qualifications.
As added by P.L.98-2004, SEC.6.
IC 33-27-2-9
Commissioners, employees, and staff; immunity from civil liability
Sec. 9. The commissioners, employees, and staff of the judicialnominating commission are immune from civil liability for any actor proceeding taken, or communication or statement made, relevantto the evaluation of a candidate under IC 33-27-3-2.
As added by P.L.98-2004, SEC.6.
IC 33-27-2-10
Agencies, organizations, other associations, or persons; immunityfrom civil liability
Sec. 10. An agency, an organization, a person, or an associationdescribed in IC 33-27-3-2(c) is immune from civil liability forproviding information or assistance in an investigation underIC 33-27-3-2 or for testifying before the judicial nominatingcommission if:
(1) the information or testimony is relevant to the evaluation ofa candidate under IC 33-27-3-2(a); and (2) the information or testimony is:
(A) an expression of opinion; or
(B) a statement of fact made without:
(i) knowledge that the statement is false; or
(ii) reckless disregard for the truth.
As added by P.L.98-2004, SEC.6.