IC 33-27-3
    Chapter 3. Duties of the Commission; Appointments to JudicialOffice

IC 33-27-3-1
Duties
    Sec. 1. (a) When a vacancy occurs in the supreme court, the courtof appeals, or the tax court, the clerk of the court shall promptlynotify the chairman of the commission of the vacancy.
    (b) The chairman shall call a meeting of the commission not laterthan twenty (20) days after receiving the notice.
    (c) The commission shall submit the nominations of three (3)candidates for the vacancy and certify them to the governor aspromptly as possible, but not later than seventy (70) days after thetime the vacancy occurs.
    (d) When it is known that a vacancy will occur at a definite futuredate, but the vacancy has not yet occurred, the clerk shall notify thecommission immediately of the future vacancy, and the commissionmay, not later than sixty (60) days after receiving the notice of thevacancy, make nominations and submit to the governor the names ofthree (3) persons nominated for the future vacancy.
As added by P.L.98-2004, SEC.6.

IC 33-27-3-2
Evaluating judicial candidates; investigations; public disclosure ofnames and information; public records
    Sec. 2. (a) The judicial nominating commission shall submit to thegovernor, from those names the commission considers for a vacancy,the names of only the three (3) most highly qualified candidates. Indetermining which candidates are most highly qualified eachcommission member shall evaluate each candidate, in writing, on thefollowing considerations:
        (1) Legal education, including law schools attended andeducation after law school, and any academic honors andawards achieved.
        (2) Legal writings, including legislative draftings, legal briefs,and contributions to legal journals and publications.
        (3) Reputation in the practice of law, as evaluated by attorneysand judges with whom the candidate has had professionalcontact, and the type of legal practice, including experience andreputation as a trial lawyer or trial judge.
        (4) Physical condition, including general health, stamina, vigor,and age.
        (5) Financial interests, including any interest that might conflictwith the performance of judicial responsibilities.
        (6) Activities in public service, including writings and speechesconcerning public affairs and contemporary problems, andefforts and achievements in improving the administration ofjustice.
        (7) Any other pertinent information that the commission feels

is important in selecting the most highly qualified individualsfor judicial office.
    (b) The commission may not make an investigation to determinethese considerations until the individual states in writing that theindividual desires to hold a judicial office that has been or will becreated by a vacancy and that the individual consents to the publicdisclosure of information under subsections (d) and (g).
    (c) The commission shall inquire into the personal and legalbackgrounds of each candidate by investigations made independentfrom the statements on an application of the candidate or in aninterview with the candidate. In completing these investigations, thecommission may use information or assistance provided by:
        (1) a law enforcement agency;
        (2) any organization of lawyers, judges, or individualpractitioners; or
        (3) any other person or association.
    (d) The commission shall publicly disclose the names of allcandidates who have filed for judicial appointment after thecommission has received the consent required by subsection (b) butbefore the commission has begun to evaluate any of the candidates.If the commission's screening of the candidates for judicialappointment occurs in an executive session conducted underIC 5-14-1.5-6.1(b)(10), the screening may not reduce the number ofcandidates for further consideration to fewer than ten (10)individuals unless there are fewer than ten (10) individuals fromwhich to choose before the screening. When the commission'sscreening has reduced the number of candidates for furtherconsideration to not less than ten (10) or it has less than ten (10)eligible candidates otherwise from which to choose, the commissionshall:
        (1) publicly disclose the names of the individuals and theirapplications before taking any further action; and
        (2) give notice of any further action in the same manner thatnotice is given under IC 5-14-1.5.
    (e) Information described in subsection (d)(1) is identifyinginformation for the purposes of IC 5-14-1.5-6.1(b)(10).
    (f) The commission shall submit with the list of three (3)nominees to the governor its written evaluation of each nominee,based on the considerations set forth in subsection (a). The list ofnames submitted to the governor and the written evaluation of eachnominee shall be publicly disclosed by the commission.
    (g) Notwithstanding IC 5-14-3-4, all public records (as defined inIC 5-14-3-2) of the judicial nominating commission are subject toIC 5-14-3-3, including records described in IC 5-14-3-4(b)(12).However, the following records are excepted from public inspectionand copying at the discretion of the judicial nominating commission:
        (1) Personnel files of commission employees and files ofapplicants for employment with the commission to the extentpermitted under IC 5-14-3-4(b)(8).
        (2) Records specifically prepared for discussion or developed

during discussion in an executive session under IC 5-14-1.5-6.1,unless the records are prepared for use in the consideration ofa candidate for judicial appointment.
        (3) Investigatory records prepared for the commission undersubsection (c) until:
            (A) the records are filed or introduced into evidence inconnection with the consideration of a candidate;
            (B) the records are publicly discussed by the commission inconnection with the consideration of a candidate;
            (C) a candidate elects to have the records released by thecommission; or
            (D) the commission elects to release the records that thecommission considers appropriate in response to publiclydisseminated statements relating to the activities or actionsof the commission;
        whichever occurs first.
        (4) Applications of candidates for judicial appointment who arenot among the applicants eligible for further considerationfollowing the commission's screening under subsection (d).
        (5) The work product of an attorney (as defined in IC 5-14-3-2)representing the commission.
    (h) When an event described by subsection (g)(3) occurs, theinvestigatory record becomes available for public inspection andcopying under IC 5-14-3-3.
    (i) As used in this subsection, "attributable communication" refersto a communication containing the sender's name, address, andtelephone number. The commission shall provide a copy of allattributable communications concerning a candidate for judicialappointment to each member of the commission. An attributablecommunication becomes available for public inspection and copyingunder IC 5-14-3-3 after a copy is provided to each member of thecommission. The commission may not consider a communicationother than an attributable communication in evaluating a candidatefor judicial appointment.
    (j) The commission shall release the investigatory recordsprepared for the commission under subsection (c) to the candidate forjudicial appointment described by the records.
As added by P.L.98-2004, SEC.6.

IC 33-27-3-3
Withdrawal or death of nominees; multiple vacancies
    Sec. 3. If a nominee dies or requests in writing that the nominee'sname be withdrawn, the commission shall nominate another personto replace the nominee from the list of nominees previouslyprovided. Whenever two (2) or more vacancies exist, the commissionshall nominate three (3) different persons for each vacancy andsubmit a list of the persons nominated to the governor.
As added by P.L.98-2004, SEC.6.

IC 33-27-3-4 Failure of governor to appoint; appointment by chief justice;changes in list
    Sec. 4. (a) If the governor fails to make an appointment not laterthan sixty (60) days after the date the names of the nominees aresubmitted to the governor, the chief justice shall make theappointment from the nominees.
    (b) A change in a list submitted to the governor under section 3 ofthis chapter requires a resubmission of the altered list to thegovernor, and the sixty (60) day period in which the governor mustmake the appointment begins on the date of resubmission.
As added by P.L.98-2004, SEC.6.

IC 33-27-3-5
Effective date of appointment
    Sec. 5. An individual appointed to the supreme court, the court ofappeals, or the tax court by the governor shall commence the dutiesof the individual's office immediately upon the effective date of theappointment. An appointment to a judicial office does not take effectuntil a vacancy for the office exists.
As added by P.L.98-2004, SEC.6.

IC 33-27-3-6
Meetings
    Sec. 6. (a) The judicial nominating commission shall meet asnecessary to discharge the commission's responsibilities under theConstitution of the State of Indiana and the state laws. Meetings ofthe commission shall be called by the chairman, or if the chairmanfails to call a meeting when a meeting is necessary, upon the call ofany four (4) members of the commission. When a meeting is called,the chairman shall give each member of the commission at least five(5) days written notice by mail of the time and place of the meetingunless the commission at its previous meeting designated the timeand place of the next meeting.
    (b) Meetings of the commission must be held at a place in Indiana,as arranged by the chairman of the commission.
    (c) The commission shall act only at a meeting and may act onlyon the concurrence of a majority of the members attending a meeting.The commission may not vote to reduce the number of candidates forfurther consideration or to submit or not submit the list of nomineesunder subsection (e) during an executive session. Four (4) membersconstitute a quorum.
    (d) The commission may adopt reasonable and proper rules for theconduct of its proceedings and the discharge of its duties. The rulesmust comply with this chapter and include procedures by whicheligible candidates for a vacancy in the supreme court or court ofappeals may submit their names to the commission. The rules arepublic records, and the meetings of the commission at which therules are considered for initial adoption or amendment must bepublicly announced and open to the public.
    (e) Notwithstanding IC 5-14-1.5-2, the commission is a public

agency for the purposes of IC 5-14-1.5. The commission may meetin executive session under IC 5-14-1.5-6.1 for the consideration ofa candidate for judicial appointment if:
        (1) notice of the executive session is given in the mannerprescribed by IC 5-14-1.5-5;
        (2) all interviews of candidates are conducted at meetings opento the public; and
        (3) copies of all attributable communications (as defined insection 2(i) of this chapter) concerning the candidates havebeen provided to all commission members and made availablefor public inspection and copying.
As added by P.L.98-2004, SEC.6.