CHAPTER 45. LAKE COUNTY
IC 33-33-45
Chapter 45. Lake County
IC 33-33-45-1
Application
Sec. 1. IC 33-29-1 does not apply to this chapter.
As added by P.L.98-2004, SEC.12.
IC 33-33-45-2
Judicial circuit
Sec. 2. (a) Lake County constitutes the thirty-first judicial circuit.
(b) The judge of the Lake circuit court may appoint two (2)full-time magistrates under IC 33-23-5 to serve the Lake circuitcourt. One (1) of the magistrates shall serve the domestic relationscounseling bureau established under IC 31-12-2. The judge shallspecify the duties of a magistrate appointed under this subsection. Amagistrate continues in office until removed by the judge of thecircuit court.
As added by P.L.98-2004, SEC.12.
IC 33-33-45-3
Establishment of superior court
Sec. 3. There is established a superior court in Lake County(referred to as "the court" in this chapter).
As added by P.L.98-2004, SEC.12.
IC 33-33-45-4
Name
Sec. 4. The court shall be known as the superior court of LakeCounty.
As added by P.L.98-2004, SEC.12.
IC 33-33-45-5
Seal
Sec. 5. The court shall have a seal consisting of a circular diskcontaining the words "superior court of Lake County, Indiana" and"seal" and a design as the court may determine, an impression ofwhich shall be spread of record upon the order book of the court.
As added by P.L.98-2004, SEC.12.
IC 33-33-45-6
Jurisdiction
Sec. 6. (a) The court has:
(1) the same jurisdiction as the Lake circuit court in all civil andprobate cases and matters whether original or appellate;
(2) original exclusive jurisdiction of all felony cases;
(3) original concurrent jurisdiction of all misdemeanor cases,infraction cases, and ordinance violation cases;
(4) appellate jurisdiction in criminal cases as is vested in thecircuit court; and (5) original exclusive juvenile jurisdiction.
(b) Notwithstanding IC 31-30-1-2, the juvenile court has exclusivejurisdiction over a child who:
(1) has been taken into custody in the county; and
(2) has allegedly committed an act that would be amisdemeanor traffic offense if committed by an adult.
As added by P.L.98-2004, SEC.12.
IC 33-33-45-7
Court of record; force and effect of judgments and orders
Sec. 7. (a) The court is a court of record.
(b) The court's judgments, decrees, orders, and proceedings:
(1) have the same force and effect; and
(2) shall be enforced in the same manner;
as those of the Lake circuit court.
As added by P.L.98-2004, SEC.12.
IC 33-33-45-8
Power and authority of court
Sec. 8. (a) The court:
(1) may make and adopt rules and regulations for conductingthe business of the court; and
(2) has all the powers incident to a court of record in relation tothe attendance of witnesses, the punishment of contempts, andthe enforcement of its orders.
(b) The judges may administer oaths, solemnize marriages, takeand certify acknowledgments of deeds and all legal instruments, andgive all necessary certificates for the authentication of the recordsand proceedings in the court.
As added by P.L.98-2004, SEC.12.
IC 33-33-45-9
Additional court powers
Sec. 9. The court has the same power to grant restraining ordersand injunctions, to issue writs of habeas corpus, to appoint receivers,masters, and commissioners to convey real property, and to grantcommissions for the examination of witnesses, and to appoint otherofficers necessary to facilitate and transact the business of the courtas is conferred on circuit courts or the judges of the circuit courts incounties where there is no criminal court.
As added by P.L.98-2004, SEC.12.
IC 33-33-45-10
Magistrates of criminal division
Sec. 10. (a) The judges of the criminal division may appoint two(2) full-time magistrates under IC 33-23-5 to serve the criminaldivision. A magistrate appointed under this subsection continues inoffice until removed by the judges of the criminal division.
(b) The judges of the civil division may appoint two (2) full-timemagistrates under IC 33-23-5 to serve the civil division. A magistrate
appointed under this subsection continues in office until removed bythe judges of the civil division.
As added by P.L.98-2004, SEC.12.
IC 33-33-45-11
Magistrates
Sec. 11. (a) The judge of division No. 1, division No. 2, anddivision No. 3 of the court may each appoint one (1) full-timemagistrate under IC 33-23-5 to serve as the court requires. Amagistrate appointed under this section:
(1) must be a resident of the county; and
(2) continues in office until removed by the judge that themagistrate serves.
(b) The appointment of a magistrate under this section must be inwriting.
(c) The judge may specifically determine the duties of themagistrate within the limits established under IC 33-23-5.
(d) The county executive shall provide and maintain suitablefacilities for the use of the magistrate, including necessary furnitureand equipment.
(e) The court shall employ administrative staff necessary tosupport the functions of the magistrates.
(f) The county fiscal body shall appropriate sufficient funds forthe provision of staff and facilities required under this section.
(g) A magistrate is entitled to annual compensation as establishedunder IC 33-23-5-10. The state shall pay the salary set underIC 33-23-5-10.
As added by P.L.98-2004, SEC.12.
IC 33-33-45-12
Personnel
Sec. 12. (a) The senior judge of each division may appoint thenumber of bailiffs, court reporters, probation officers, and otherpersonnel as the senior judge believes is necessary to judicially andefficiently facilitate and transact the business of the division. Allappointments shall be made without regard to the political affiliationof the appointees. The salaries of the court personnel shall be fixedand paid as provided by law. The officers and persons appointedshall:
(1) perform the duties prescribed by the senior judge of eachrespective division; and
(2) serve at the pleasure of the senior judge.
(b) The court shall appoint an administrative officer who has theduties the court determines are necessary to ensure the efficientoperation of the court. The court may appoint the number of deputyadministrative officers as the court considers necessary to facilitateand transact the business of the court. Any appointment of anadministrative officer or deputy administrative officer shall be madewithout regard to the political affiliation of the appointees. Thesalaries of the administrative officer and any deputy administrative
officer shall be fixed by the court, to be paid out of the countytreasury by the county auditor, upon the order of the court, andentered of record. Any administrative officer or deputyadministrative officer appointed by the court shall:
(1) operate under the jurisdiction of the chief judge; and
(2) serve at the pleasure of the chief judge.
(c) The court may appoint part-time juvenile referees andmagistrates as provided by IC 31-31-3.
(d) The court may appoint the number of probate commissionersprovided for by IC 29-2-2. The probate commissioners shall bevested with the powers and duties provided by IC 29.
As added by P.L.98-2004, SEC.12.
IC 33-33-45-13
Location of court sessions
Sec. 13. The court shall hold continuous sessions in places inLake County as the court periodically determines. The board ofcounty commissioners of Lake County shall:
(1) provide and maintain:
(A) suitable and convenient courtrooms for the holding ofthe court, together with suitable and convenient jury roomsand offices for the judges and other court officers andpersonnel; and
(B) other facilities as may be necessary; and
(2) provide all necessary furniture and equipment for rooms andoffices of the court.
As added by P.L.98-2004, SEC.12.
IC 33-33-45-14
Books, papers, and records
Sec. 14. The clerk of the Lake circuit court, under the direction ofthe court, shall provide order books, judgment dockets, executiondockets, fee books, and other books, papers, and records that arenecessary for the court, and all books, papers, and proceedings of thecourt shall be kept distinct and separate from those of other courts.
As added by P.L.98-2004, SEC.12.
IC 33-33-45-15
Order books
Sec. 15. The court shall maintain an order book at each locationof the court and the order books may be signed on behalf of the courtby any of the judges of the court, and the signature constitutesauthentication of the actions of each of the judges in the court.
As added by P.L.98-2004, SEC.12.
IC 33-33-45-16
Laws and rules governing the court
Sec. 16. All Indiana laws and rules adopted by the supreme courtgoverning the circuit courts apply to the superior court. However:
(1) a person other than a judge of the superior court of Lake
County may not serve as a special judge when a change ofjudge is requested from the superior court of Lake County;
(2) a judge of the superior court of Lake County may notreceive compensation other than regular salary for serving as aspecial judge where the change of venue from the judge wasgranted by the superior court of Lake County;
(3) the statutes and rules governing the records, procedures, andpractices of county courts apply to the county division of thecourt; and
(4) there is no change of venue from the county as of right incases in the county division of the court.
As added by P.L.98-2004, SEC.12.
IC 33-33-45-17
Appeals
Sec. 17. Any party may appeal from any order or judgment of thecourt in any case where an appeal may be had from a similar orderor judgment of the circuit court.
As added by P.L.98-2004, SEC.12.
IC 33-33-45-18
Process of court
Sec. 18. The process of the court shall have the seal affixed andbe attested, directed, served, and returned, and be in the form as isprovided for process issuing from the circuit court.
As added by P.L.98-2004, SEC.12.
IC 33-33-45-19
Chief judge; senior judge
Sec. 19. (a) The court, by rules adopted by the court, shalldesignate one (1) of the judges as chief judge and shall fix the timethat the chief judge presides. The chief judge is responsible for theefficient operation and conduct of the court.
(b) The judges of each division of the court, in accordance withthe rules adopted by the judges of that division, shall designate ajudge as the senior judge of that division and fix the time that thesenior judge serves.
(c) The senior judge of each division shall report to the chiefjudge as to how the division should best judicially operate.
As added by P.L.98-2004, SEC.12.
IC 33-33-45-20
Action of entire court
Sec. 20. When an action of the entire court is required, the judgesof the court shall act in concert. If there is a disagreement, thedecision of a majority of the judges controls. However, if the judgesare evenly divided, the decision joined by the chief judge controls.
As added by P.L.98-2004, SEC.12.
IC 33-33-45-21 Divisions of court; assignment of judges
Sec. 21. (a) The court is divided into civil (including probate),criminal, county, and juvenile divisions. The work of the court shallbe divided among the divisions by the rules of the court.
(b) Seven (7) judges comprise the civil division. Four (4) judgescomprise the criminal division. Four (4) judges comprise the countydivision. One (1) judge comprises the juvenile division. However,the court by rule may alter the number of judges assigned to adivision other than the county division of the court if the courtdetermines that the change is necessary for the efficient operation ofthe court.
(c) The court by rule may reassign a judge of the court from one(1) division to another if the court determines that the change isnecessary for the efficient operation of the court. The court by ruleshall establish a rotation schedule providing for the rotation of judgesthrough the various divisions. The rotation schedule may be used ifa judge determines that an emergency exists. However, a seniorjudge of any division or a judge of the county division may not bereassigned or rotated to another division under this subsection.
(d) The chief judge of the court may assign a judge in one (1)division of the court to hear a case originating in another division ofthe court, and may reassign cases from one (1) judge to another, ifthe chief judge determines that the change is necessary for theefficient operation of the court.
As added by P.L.98-2004, SEC.12.
IC 33-33-45-22
Transfer of actions from circuit court
Sec. 22. The judge of the Lake circuit court may, with the consentof the court, transfer any action, cause, or proceeding filed anddocketed in the Lake circuit court to the court by transferring alloriginal papers and instruments filed in the action, cause, orproceeding and without further transcript, to be redocketed anddisposed of as if originally filed with the court.
As added by P.L.98-2004, SEC.12.
IC 33-33-45-23
Transfer of actions to circuit court
Sec. 23. Any judge of the court may, with the consent of the judgeof the Lake circuit court, transfer any civil action, cause orproceeding filed and docketed in the court to the Lake circuit courtby transferring all original papers and instruments filed in suchaction, cause, or proceeding without further transcript thereof to beredocketed and disposed of as if originally filed with the Lake circuitcourt.
As added by P.L.98-2004, SEC.12.
IC 33-33-45-24
Authority of circuit judge to sit in superior court
Sec. 24. The judge of the Lake circuit court may sit as a judge of
the court, with the court's permission, in the civil division, withoutlimitation and without any further order, in the same manner as if thecircuit court judge were a judge of the court with all the rights andpowers as if the circuit court judge were a duly appointed judge ofthe court.
As added by P.L.98-2004, SEC.12.
IC 33-33-45-25
Incumbent judges; retention; election
Sec. 25. (a) Unless the judge is a judge of the county division, atthe general election immediately preceding the expiration of a judge'sextended term the question of that judge's retention in office orrejection shall be submitted to the electorate of Lake County undersection 42 of this chapter. Thereafter, unless rejected by theelectorate, each judge shall serve successive terms as provided insection 41(b) of this chapter.
(b) A judge of the county division may serve a successive term ifelected to serve a successive term under section 43 of this chapter.
As added by P.L.98-2004, SEC.12.
IC 33-33-45-26
Number of judges
Sec. 26. The superior court of Lake County consists of sixteen(16) judges plus the Lake circuit court judge if the circuit court judgechooses to sit on the superior court of Lake County.
As added by P.L.98-2004, SEC.12.
IC 33-33-45-27
Judicial nominating commission; establishment
Sec. 27. (a) There is established a judicial nominating commissionfor the superior court of Lake County, the functions, responsibilities,and procedures of which are set forth in sections 28 through 37 ofthis chapter.
(b) The board of county commissioners of Lake County shallprovide all facilities, equipment, supplies, and services as may benecessary for the administration of the duties imposed upon thecommission. The members of the commission shall serve withoutcompensation. However, the board of county commissioners of LakeCounty shall reimburse members of the commission for actualexpenses incurred in performing their duties.
As added by P.L.98-2004, SEC.12.
IC 33-33-45-28
Judicial nominating commission; membership
Sec. 28. (a) The judicial nominating commission (referred to inthis chapter as the commission) consists of nine (9) members, themajority of whom form a quorum. The chief justice of the supremecourt (or a justice of the supreme court or judge of the court ofappeals designated by the chief justice) shall be a member and shallact as chairman. (b) Under sections 30 and 31 of this chapter, those admitted to thepractice of law and residing in Lake County shall elect four (4) oftheir members to serve on the commission, subject to the following:
(1) At least one (1) attorney member must be a minorityindividual (as defined in IC 21-13-1-6).
(2) Two (2) attorney members must be women.
(3) Two (2) attorney members must be men.
(c) The Lake County board of commissioners shall appoint four(4) nonattorney citizens to the commission, subject to the following:
(1) Each of the three (3) county commissioners shall appointone (1) nonattorney member who is a resident of the appointingcommissioner's district.
(2) After each county commissioner has had the opportunity tomake the county commissioner's appointment, the fourthnonattorney member must be appointed by a majority vote ofthe Lake County board of commissioners.
(3) At least one (1) nonattorney member must be a minorityindividual (as defined in IC 21-13-1-6).
(4) Two (2) nonattorney members must be women.
(5) Two (2) nonattorney members must be men.
(6) Not more than two (2) of such appointees may be from thesame political party.
The appointees must reflect the composition of the community. If theLake County board of commissioners fails to appoint any of thenonattorney commission members within the time required to do soin section 29 of this chapter, the appointment shall be made by thechief justice of the supreme court.
(d) A member of the commission, other than a judge or justice,may not hold any other elected public office. A member may nothold an office in a political party or organization. A nonattorneymember of the commission may not hold an elected or salaried publicoffice. A nonattorney member may not be an employee of the stateor of a political subdivision of the state.
(e) A member of the commission is not eligible for appointmentto a judicial office in Lake County if the member is a member of thecommission and for three (3) years thereafter.
(f) If any member of the commission, other than a judge or justice,terminates the member's residence in Lake County, the member isconsidered to have resigned from the commission.
As added by P.L.98-2004, SEC.12. Amended by P.L.2-2007,SEC.368.
IC 33-33-45-29
Appointment of nonattorney commissioners
Sec. 29. (a) The Lake County board of commissioners shallappoint the four (4) nonattorney members of the commission.
(b) One (1) month before the expiration of a term of office of anonattorney commissioner, an appointment or reappointment shall bemade in accordance with section 28 of this chapter. All appointmentsmade by the Lake County board of commissioners shall be certified
to the secretary of state, the clerk of the supreme court, and the clerkof Lake circuit court within ten (10) days after the appointment.
(c) Each nonattorney member shall be appointed for a term of four(4) years.
(d) Whenever a vacancy occurs in the office of a nonattorneycommissioner, the chairman of the commission shall promptly notifythe Lake County board of commissioners in writing of such fact.Vacancies in the office of nonattorney commissioners shall be filledby appointment of the Lake County board of commissioners withinsixty (60) days after notice of the vacancy is received. The term ofthe nonattorney commissioner appointed is for the unexpired term ofthe member whose vacancy the new member has filled.
As added by P.L.98-2004, SEC.12.
IC 33-33-45-30
Election of attorney commissioners
Sec. 30. (a) Those admitted to the practice of law and residing inLake County (referred to in this chapter as attorney electors) shallelect four (4) of their number to the commission. To be eligible forthe office of attorney commissioner, a person must be on the currentannual list of attorneys certified to the clerk of the supreme court andmust be a resident of Lake County. The term of office of each electedattorney member is four (4) years, commencing on the first day ofOctober following the attorney member's election. The election dayis the date on which the ballots are counted and, for purposes of thissection, is the first Tuesday in September 1995, and every four (4)years thereafter. Thereafter, during the month before the expirationof each attorney commissioner's term of office, an election shall beheld to fill the succeeding four (4) year term of office.
(b) Except when a term of office has less than ninety (90) daysremaining, vacancies in the office of an attorney commissioner to thecommission shall be filled for the unexpired term of the membercreating the vacancy by a special election.
As added by P.L.98-2004, SEC.12.
IC 33-33-45-31
Election procedures
Sec. 31. The attorney members of the commission shall be electedby the following process:
(1) The clerk of the Lake circuit court shall, at least ninety (90)days before the date of election, notify all attorneys in LakeCounty of the upcoming election by mail, informing them thatnominations must be made to the clerk of the circuit court atleast sixty (60) days before the election. The clerk shall securea list of all attorneys and their correct addresses from the clerkof the supreme court.
(2) A nomination in writing, accompanied by a signed petitionof ten (10) attorney electors, and the written consent of thequalified nominee shall be filed by any attorney elector or groupof attorney electors residing in Lake County, by mail or
otherwise, in the office of the clerk of the Lake circuit court atleast sixty (60) days before the election.
(3) The clerk of the Lake circuit court shall prepare and printballots containing the names and residential addresses of allattorney nominees whose written nominations, petitions, andwritten statements of consent have been received sixty (60)days before the election.
(A) The ballot shall read:
"SUPERIOR COURT OF LAKE COUNTY
NOMINATING COMMISSION BALLOT
To be cast by individuals residing in Lake County and admittedto the practice of law in Indiana. Vote for not more than four (4)of the following candidates for the term commencing _______.
(Name) (Address)
(Name) (Address)
(etc.) (etc.)
To be counted, this ballot must be completed, the accompanyingcertificate completed and signed, and both together mailed ordelivered to the clerk of the Lake circuit court not later than_______.
DESTROY BALLOT IF NOT USED".
(B) The four (4) nominees receiving the most votes whoseelection does not conflict with the requirements of section28(b) of this chapter shall be elected.
(4) The clerk shall also supply with each ballot distributed bythe clerk a certificate, to be completed and signed and returnedby the attorney elector voting such ballot, certifying that theattorney elector is admitted to the practice of law in Indiana,that the attorney elector resides in Lake County, and that theattorney elector voted the ballot returned. A ballot notaccompanied by the signed certificate of the voter shall not becounted.
(5) To maintain the secrecy of each vote, a separate envelopeshall be provided by the clerk for the ballot, in which only thevoted ballot is to be placed. This envelope shall not be openeduntil the counting of the ballots.
(6) The clerk of the Lake circuit court shall mail a ballot and itsaccompanying material to all qualified attorney electors at leasttwo (2) weeks before the date of election.
(7) Upon receiving the completed ballots and the accompanyingcertificate, the clerk shall ensure that the certificates have beencompleted in compliance with this chapter. All ballots that areaccompanied by a valid certificate shall be placed in a packagedesignated to contain ballots. All accompanying certificatesshall be placed in a separate package.
(8) The clerk of the Lake circuit court, with the assistance of theLake County election board, shall open and canvass all ballotsafter 4 p.m. on the day of election in the office of the clerk ofthe Lake circuit court. Ballots received after 4 p.m. may not becounted unless the chairman of the judicial nominating
commission orders an extension of time because ofextraordinary circumstances. Upon canvassing the ballots, theclerk shall place all ballots back in their package. These, alongwith the certificates, shall be retained in the clerk's office for six(6) months, and the clerk shall permit no one to inspect themexcept upon an order of the supreme court.
(9) In any election held for selection of attorney members of thecommission, in case two (2) or more nominees are tied so thatone (1) additional vote cast for one (1) of them would give thenominee a plurality, the canvasser shall resolve the tie by lotand the winner of the lot is considered to be elected.
As added by P.L.98-2004, SEC.12.
IC 33-33-45-32
Notification
Sec. 32. After:
(1) the attorney members of the commission have been elected;and
(2) the names of the nonattorney commissioners appointed bythe governor have been certified to the secretary of state, clerkof the supreme court, and clerk of the Lake circuit court as thischapter provides;
the clerk of the Lake circuit court shall by regular mail notify themembers of the commission of their election or appointment andshall notify the chairman of the judicial nominating commission ofthe same.
As added by P.L.98-2004, SEC.12.
IC 33-33-45-33
Duration in office
Sec. 33. 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 more than two (2) successive reelections or reappointments.
As added by P.L.98-2004, SEC.12.
IC 33-33-45-34
Vacancies; meetings of commission
Sec. 34. (a) When a vacancy occurs in the superior court of LakeCounty, not including its county division, the clerk of the court shallpromptly notify the chairman and each member of the commissionof the vacancy. The chairman shall call a meeting of the commissionwithin ten (10) days following the notice. The commission shallsubmit its nominations of three (3) candidates for each vacancy andcertify them to the governor as promptly as possible, and not laterthan sixty (60) days after the vacancy occurs. When it is known thata vacancy will occur at a definite future date within the term of thegovernor then serving, but the vacancy has not yet occurred, the clerkshall notify the chairman and each member of the commissionimmediately of the forthcoming vacancy and the commission may
within fifty (50) days of the notice of the vacancy make itsnominations and submit to the governor the names of three (3)persons nominated for the forthcoming vacancy.
(b) Meetings of the commission shall be called by its chairman,or if the chairman fails to call a necessary meeting, upon the call ofany five (5) members of the commission. The chairman, wheneverthe chairman considers a meeting necessary, or upon the request byany five (5) members of the commission for a meeting, shall giveeach member of the commission at least five (5) days written noticeby mail of the date, time, and place of every meeting unless thecommission at its previous meeting designated the date, time, andplace of its next meeting.
(c) Meetings of the commission are to be held at the Lake Countygovernment center in Crown Point or another place, as the circuitcourt clerk of Lake County may arrange, at the direction of thechairman of the commission.
(d) The commission may act only at a public meeting. IC 5-14-1.5applies to meetings of the commission. The commission may notmeet in executive session under IC 5-14-1.5-6.1 for the considerationof a candidate for judicial appointment.
(e) The commission may act only by the concurrence of a majorityof its members attending a meeting. Five (5) members constitute aquorum at a meeting.
(f) The commission may adopt reasonable and proper rules andregulations for the conduct of its proceedings and the discharge of itsduties. These rules must provide for the receipt of public testimonyconcerning the qualifications of candidates for nomination to thegovernor.
As added by P.L.98-2004, SEC.12.
IC 33-33-45-35
Nominees; requirements of commission
Sec. 35. In selecting the three (3) nominees to be submitted to thegovernor, the commission shall comply with the followingrequirements:
(1) The commission shall submit only the names of the three (3)most highly qualified candidates from among all those eligibleindividuals considered. To be eligible for nomination as a judgeof the superior court of Lake County, a person must bedomiciled in the county of Lake, a citizen of the United States,and admitted to the practice of law in Indiana.
(2) In abiding by the mandate in subdivision (1), thecommission shall evaluate in writing each eligible individual onthe following factors:
(A) Law school record, including any academic honors andachievements.
(B) Contribution to scholarly journals and publications,legislative drafting, and legal briefs.
(C) Activities in public service, including:
(i) writings and speeches concerning public or civic affairs
that are on public record, including but not limited tocampaign speeches or writings, letters to newspapers, andtestimony before public agencies;
(ii) government service;
(iii) efforts and achievements in improving theadministration of justice; and
(iv) other conduct relating to the individual's profession.
(D) Legal experience, including the number of years ofpracticing law, the kind of practice involved, and reputationas a trial lawyer or judge.
(E) Probable judicial temperament.
(F) Physical condition, including age, stamina, and possiblehabitual intemperance.
(G) Personality traits, including the exercise of soundjudgment, ability to compromise and conciliate, patience,decisiveness, and dedication.
(H) Membership on boards of directors, financial interests,and any other consideration that might create conflict ofinterest with a judicial office.
(I) Any other pertinent information that the commission feelsis important in selecting the best qualified individuals forjudicial office.
(3) These written evaluations shall not be made on an individualuntil the individual states in writing that the individual desiresto hold a judicial office that is or will be created by vacancy.
(4) The political affiliations of any candidate may not beconsidered by the commission in evaluating and determiningwhich eligible candidates shall be recommended to the governorfor a vacancy on the superior court of Lake County.
(5) In determining which eligible candidates are recommendedto the governor, the commission shall consider that racial andgender diversity enhances the quality of the judiciary.
As added by P.L.98-2004, SEC.12.
IC 33-33-45-36
List of nominees; public records; submission to governor
Sec. 36. (a) The commission shall submit with the list of three (3)nominees to the governor its written evaluation of the qualificationsof each candidate.
(b) The names of the nominees and the written evaluations arepublic records that may be inspected and copied under IC 5-14-3.
(c) Every eligible candidate whose name was not submitted to thegovernor shall have access to any evaluation on the candidate by thecommission and the right to make such evaluation public.
(d) Records specifically prepared for discussion or developedduring discussion in an executive session under IC 5-14-1.5-6.1 areexcepted from public disclosure, unless the records are prepared foruse in the consideration of a candidate for judicial appointment.
As added by P.L.98-2004, SEC.12.
IC 33-33-45-37
Withdrawal of name or list of nominations
Sec. 37. (a) After the commission has nominated and submittedto the governor the names of three (3) persons for appointment to filla vacancy of the superior court of Lake County:
(1) any name may be withdrawn for cause considered by thecommission to be of a substantial nature affecting the nominee'squalifications to hold office; and
(2) another name may be substituted;
before the appointment is made to fill the vacancy.
(b) If a nominee dies or requests in writing that the nominee'sname be withdrawn, the commission shall nominate another personto replace the nominee.
(c) If two (2) or more vacancies exist, the commission shallnominate and submit to the governor a list of three (3) differentpersons for each of the vacancies. The commission may, before anappointment is made, withdraw the lists of nominations, change thenames of any persons nominated from one (1) list to another, andresubmit them as changed, or may substitute a new name for any ofthose previously nominated.
As added by P.L.98-2004, SEC.12.
IC 33-33-45-38
Selection of judges
Sec. 38. (a) A vacancy occurring on the court shall be filled byappointment of the governor from a list of three (3) nomineespresented to the governor by the judicial nominating commission. Ifthe governor fails to make an appointment from the list within sixty(60) days after the day it is presented to the governor, theappointment shall be made by the chief justice or the acting chiefjustice of the supreme court from the same list, or altered list asprovided for in section 37 of this chapter.
(b) The governor shall make all appointments to the court withoutregard to the political affiliation of any of the three (3) nomineessubmitted to the governor. In the interest of justice, the governorshall consider only those qualifications of the nominees included insection 35 of this chapter.
As added by P.L.98-2004, SEC.12.
IC 33-33-45-39
Lake County judge appointed by governor
Sec. 39. A vacancy occurring on the superior court countydivision must be filled by appointment of the governor. In theinterests of justice, the governor shall consider only thosequalifications listed in section 35 of this chapter.
As added by P.L.98-2004, SEC.12.
IC 33-33-45-40
Effective date of appointment
Sec. 40. An appointment by the governor or chief justice, as
required by section 38 or 39 of this chapter, to the superior court ofLake County takes effect immediately if a vacancy exists at the dateof the appointment. The appointment takes effect on the date thevacancy is created if a vacancy does not exist at the date ofappointment.
As added by P.L.98-2004, SEC.12.
IC 33-33-45-41
Tenure of judges
Sec. 41. (a) Each judge appointed under section 38 of this chapterserves an initial term, which begins on the effective date of theappointment of the judge and continues through December 31 in theyear of the general election that follows the expiration of two (2)years after the effective date of the judge's appointment.
(b) Unless rejected by the electorate of Lake County under section42 of this chapter, a judge of the civil division, criminal division, andjuvenile division shall serve successive six (6) year terms.
(c) The term of office of a judge of the county division of thesuperior court is six (6) years. A judge appointed under section 39 ofthis chapter to fill a vacancy in the county division of the Lakesuperior court serves for the unexpired term of the vacating judgeand until the appointed judge's successor is elected and qualified.
(d) Each six (6) year term begins on the first day of Januaryfollowing the expiration of the preceding initial term or the precedingsix (6) year term, as the case may be, and continues for six (6) years.
As added by P.L.98-2004, SEC.12.
IC 33-33-45-42
Submission to electorate; question of retention in office or rejectionof judges
Sec. 42. (a) The question of the retention in office or rejection ofeach judge of the following divisions of the superior court of LakeCounty shall be submitted to the electorate of Lake County at thegeneral election immediately preceding expiration of the term of thejudge:
(1) Civil division.
(2) Criminal division.
(3) Juvenile division.
(b) At the general election, the question of the retention in officeor rejection of a judge described in subsection (a) shall be submittedto the electorate of Lake County in the form prescribed by IC 3-11and must state "Shall Judge (insert name) of the superior court ofLake County be retained in office for an additional term?".
(c) If a majority of the ballots cast by the electors voting on anyquestion is "Yes", the judge whose name appeared on the questionshall be approved for a six (6) year term beginning January 1following the general election as provided in section 41(b) of thischapter.
(d) If a majority of the ballots cast by the electors voting on anyquestion is "No", the judge whose name appeared on the question
shall be rejected. The office of the rejected judge is vacant onJanuary 1 following the rejection. The vacancy shall be filled byappointment by the governor under section 38 of this chapter.
(e) The Lake County election board shall submit the question ofthe retention in office or rejection of a judge described in subsection(a) to the electorate of Lake County. The submission of the questionis subject to the provisions of IC 3 that are not inconsistent with thischapter.
(f) If a judge who is appointed does not desire to serve any furtherterm, the judge shall notify in writing the clerk of the Lake circuitcourt at least sixty (60) days before any general election, in whichcase the question of that judge's retention in office or rejection shallnot be submitted to the electorate, and the office becomes vacant atthe expiration of the term.
As added by P.L.98-2004, SEC.12. Amended by P.L.58-2005,SEC.34.
IC 33-33-45-43
County division judge; election
Sec. 43. A judge of the county division of the Lake superior courtshall be elected under IC 3-10-2-11 by the electorate of Lake County.
As added by P.L.98-2004, SEC.12.
IC 33-33-45-44
Conditions of office; censure or removal; political partycampaigning for or against removal
Sec. 44. (a) A judge of the superior court may not during a termof office as judge of the superior court do any of the following:
(1) Engage in the practice of law.
(2) Run for elective office, unless the elective office is that ofjudge of the county division of the Lake superior court.
(3) Take part in any political campaign, unless the judge isrunning for election as judge of the county division and thepolitical campaign is conducted for that office.
(b) Failure to comply with this section is sufficient cause for thecommission on judicial qualifications to recommend to the supremecourt that the judge be censured or removed.
(c) A political party may not directly or indirectly campaign foror against a judge subject to retention or rejection under this chapter.
As added by P.L.98-2004, SEC.12.
IC 33-33-45-45
Repealed
(Repealed by P.L.118-2007, SEC.38.)