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 a
circuit, superior, probate, or county court.
(b) If a judge wants to resign from office, the judge must resign
as provided in IC 5-8-3.5.
(c) A vacancy that occurs because of the death of a judge may be
certified to the governor under IC 5-8-6.
(d) A vacancy that occurs, other than by resignation or death of a
judge, shall be certified to the governor by the circuit court clerk of
the county in which the judge resided.
(e) A vacancy in the office of judge of a circuit court shall be
filled by the governor as provided by Article 5, Section 18 of the
Constitution of the State of Indiana. However, the governor may not
fill a vacancy that occurs because of the death of a judge until the
governor receives notice of the death under IC 5-8-6. The person
who is appointed holds the office until:
(1) the end of the unexpired term; or
(2) a successor is elected at the next general election and
qualified;
whichever occurs first. The person elected at the general election
following an appointment to fill the vacancy, upon being qualified,
holds office for the six (6) year term prescribed by Article 7, Section
7 of the Constitution of the State of Indiana and until a successor is
elected and qualified.
(f) A vacancy in the office of judge of a superior, probate, or
county 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 of
the death of a judge until the governor receives notice of the death
under IC 5-8-6. The person who is appointed holds office for the
remainder 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 the
office of prosecuting attorney shall be certified to the governor by
the circuit court clerk of the county in which the prosecuting attorney
resided.
(b) A vacancy in the office of prosecuting attorney that was last
held by a person elected or selected as a candidate of a major
political party of the state shall be filled by a caucus under
IC 3-13-11.
(c) A vacancy in the office of prosecuting attorney not covered by
subsection (b) shall be filled by the governor.
(d) The person appointed or selected holds office for the
remainder of the unexpired term and until a successor is elected and
qualified.
(e) If a vacancy in the office of the prosecuting attorney occurs
under subsection (b), the chief deputy prosecuting attorney appointed
under IC 33-39-6-2 shall be the acting prosecuting attorney until the
vacancy 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 that
was last held by a person elected or selected as a candidate of a
major political party of the state shall be filled by a caucus under
IC 3-13-11.
(b) A vacancy that occurs in the office of clerk of the circuit
court:
(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 covered
by subsection (a) shall be filled by the governor. The person who is
appointed holds office for the remainder of the unexpired term and
until 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.
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 a
circuit, superior, probate, or county court.
(b) If a judge wants to resign from office, the judge must resign
as provided in IC 5-8-3.5.
(c) A vacancy that occurs because of the death of a judge may be
certified to the governor under IC 5-8-6.
(d) A vacancy that occurs, other than by resignation or death of a
judge, shall be certified to the governor by the circuit court clerk of
the county in which the judge resided.
(e) A vacancy in the office of judge of a circuit court shall be
filled by the governor as provided by Article 5, Section 18 of the
Constitution of the State of Indiana. However, the governor may not
fill a vacancy that occurs because of the death of a judge until the
governor receives notice of the death under IC 5-8-6. The person
who is appointed holds the office until:
(1) the end of the unexpired term; or
(2) a successor is elected at the next general election and
qualified;
whichever occurs first. The person elected at the general election
following an appointment to fill the vacancy, upon being qualified,
holds office for the six (6) year term prescribed by Article 7, Section
7 of the Constitution of the State of Indiana and until a successor is
elected and qualified.
(f) A vacancy in the office of judge of a superior, probate, or
county 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 of
the death of a judge until the governor receives notice of the death
under IC 5-8-6. The person who is appointed holds office for the
remainder 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 the
office of prosecuting attorney shall be certified to the governor by
the circuit court clerk of the county in which the prosecuting attorney
resided.
(b) A vacancy in the office of prosecuting attorney that was last
held by a person elected or selected as a candidate of a major
political party of the state shall be filled by a caucus under
IC 3-13-11.
(c) A vacancy in the office of prosecuting attorney not covered by
subsection (b) shall be filled by the governor.
(d) The person appointed or selected holds office for the
remainder of the unexpired term and until a successor is elected and
qualified.
(e) If a vacancy in the office of the prosecuting attorney occurs
under subsection (b), the chief deputy prosecuting attorney appointed
under IC 33-39-6-2 shall be the acting prosecuting attorney until the
vacancy 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 that
was last held by a person elected or selected as a candidate of a
major political party of the state shall be filled by a caucus under
IC 3-13-11.
(b) A vacancy that occurs in the office of clerk of the circuit
court:
(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 covered
by subsection (a) shall be filled by the governor. The person who is
appointed holds office for the remainder of the unexpired term and
until 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.
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 a
circuit, superior, probate, or county court.
(b) If a judge wants to resign from office, the judge must resign
as provided in IC 5-8-3.5.
(c) A vacancy that occurs because of the death of a judge may be
certified to the governor under IC 5-8-6.
(d) A vacancy that occurs, other than by resignation or death of a
judge, shall be certified to the governor by the circuit court clerk of
the county in which the judge resided.
(e) A vacancy in the office of judge of a circuit court shall be
filled by the governor as provided by Article 5, Section 18 of the
Constitution of the State of Indiana. However, the governor may not
fill a vacancy that occurs because of the death of a judge until the
governor receives notice of the death under IC 5-8-6. The person
who is appointed holds the office until:
(1) the end of the unexpired term; or
(2) a successor is elected at the next general election and
qualified;
whichever occurs first. The person elected at the general election
following an appointment to fill the vacancy, upon being qualified,
holds office for the six (6) year term prescribed by Article 7, Section
7 of the Constitution of the State of Indiana and until a successor is
elected and qualified.
(f) A vacancy in the office of judge of a superior, probate, or
county 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 of
the death of a judge until the governor receives notice of the death
under IC 5-8-6. The person who is appointed holds office for the
remainder 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 the
office of prosecuting attorney shall be certified to the governor by
the circuit court clerk of the county in which the prosecuting attorney
resided.
(b) A vacancy in the office of prosecuting attorney that was last
held by a person elected or selected as a candidate of a major
political party of the state shall be filled by a caucus under
IC 3-13-11.
(c) A vacancy in the office of prosecuting attorney not covered by
subsection (b) shall be filled by the governor.
(d) The person appointed or selected holds office for the
remainder of the unexpired term and until a successor is elected and
qualified.
(e) If a vacancy in the office of the prosecuting attorney occurs
under subsection (b), the chief deputy prosecuting attorney appointed
under IC 33-39-6-2 shall be the acting prosecuting attorney until the
vacancy 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 that
was last held by a person elected or selected as a candidate of a
major political party of the state shall be filled by a caucus under
IC 3-13-11.
(b) A vacancy that occurs in the office of clerk of the circuit
court:
(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 covered
by subsection (a) shall be filled by the governor. The person who is
appointed holds office for the remainder of the unexpired term and
until 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.
