IC 33-27-3
Chapter 3. Duties of the Commission; Appointments to Judicial
Office
IC 33-27-3-1 Duties
Sec. 1. (a) When a vacancy occurs in the supreme court, the court
of appeals, or the tax court, the clerk of the court shall promptly
notify the chairman of the commission of the vacancy.
(b) The chairman shall call a meeting of the commission not later
than 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 as
promptly as possible, but not later than seventy (70) days after the
time the vacancy occurs.
(d) When it is known that a vacancy will occur at a definite future
date, but the vacancy has not yet occurred, the clerk shall notify the
commission immediately of the future vacancy, and the commission
may, not later than sixty (60) days after receiving the notice of the
vacancy, make nominations and submit to the governor the names of
three (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 of
names and information; public records
Sec. 2. (a) The judicial nominating commission shall submit to the
governor, from those names the commission considers for a vacancy,
the names of only the three (3) most highly qualified candidates. In
determining which candidates are most highly qualified each
commission member shall evaluate each candidate, in writing, on the
following considerations:
(1) Legal education, including law schools attended and
education after law school, and any academic honors and
awards 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 attorneys
and judges with whom the candidate has had professional
contact, and the type of legal practice, including experience and
reputation 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 conflict
with the performance of judicial responsibilities.
(6) Activities in public service, including writings and speeches
concerning public affairs and contemporary problems, and
efforts and achievements in improving the administration of
justice.
(7) Any other pertinent information that the commission feels
is important in selecting the most highly qualified individuals
for judicial office.
(b) The commission may not make an investigation to determine
these considerations until the individual states in writing that the
individual desires to hold a judicial office that has been or will be
created by a vacancy and that the individual consents to the public
disclosure of information under subsections (d) and (g).
(c) The commission shall inquire into the personal and legal
backgrounds of each candidate by investigations made independent
from the statements on an application of the candidate or in an
interview with the candidate. In completing these investigations, the
commission may use information or assistance provided by:
(1) a law enforcement agency;
(2) any organization of lawyers, judges, or individual
practitioners; or
(3) any other person or association.
(d) The commission shall publicly disclose the names of all
candidates who have filed for judicial appointment after the
commission has received the consent required by subsection (b) but
before the commission has begun to evaluate any of the candidates.
If the commission's screening of the candidates for judicial
appointment occurs in an executive session conducted under
IC 5-14-1.5-6.1(b)(10), the screening may not reduce the number of
candidates for further consideration to fewer than ten (10)
individuals unless there are fewer than ten (10) individuals from
which to choose before the screening. When the commission's
screening has reduced the number of candidates for further
consideration to not less than ten (10) or it has less than ten (10)
eligible candidates otherwise from which to choose, the commission
shall:
(1) publicly disclose the names of the individuals and their
applications before taking any further action; and
(2) give notice of any further action in the same manner that
notice is given under IC 5-14-1.5.
(e) Information described in subsection (d)(1) is identifying
information 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 of
names submitted to the governor and the written evaluation of each
nominee shall be publicly disclosed by the commission.
(g) Notwithstanding IC 5-14-3-4, all public records (as defined in
IC 5-14-3-2) of the judicial nominating commission are subject to
IC 5-14-3-3, including records described in IC 5-14-3-4(b)(12).
However, the following records are excepted from public inspection
and copying at the discretion of the judicial nominating commission:
(1) Personnel files of commission employees and files of
applicants for employment with the commission to the extent
permitted 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 of
a candidate for judicial appointment.
(3) Investigatory records prepared for the commission under
subsection (c) until:
(A) the records are filed or introduced into evidence in
connection with the consideration of a candidate;
(B) the records are publicly discussed by the commission in
connection with the consideration of a candidate;
(C) a candidate elects to have the records released by the
commission; or
(D) the commission elects to release the records that the
commission considers appropriate in response to publicly
disseminated statements relating to the activities or actions
of the commission;
whichever occurs first.
(4) Applications of candidates for judicial appointment who are
not among the applicants eligible for further consideration
following 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, the
investigatory record becomes available for public inspection and
copying under IC 5-14-3-3.
(i) As used in this subsection, "attributable communication" refers
to a communication containing the sender's name, address, and
telephone number. The commission shall provide a copy of all
attributable communications concerning a candidate for judicial
appointment to each member of the commission. An attributable
communication becomes available for public inspection and copying
under IC 5-14-3-3 after a copy is provided to each member of the
commission. The commission may not consider a communication
other than an attributable communication in evaluating a candidate
for judicial appointment.
(j) The commission shall release the investigatory records
prepared for the commission under subsection (c) to the candidate for
judicial 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's
name be withdrawn, the commission shall nominate another person
to replace the nominee from the list of nominees previously
provided. Whenever two (2) or more vacancies exist, the commission
shall nominate three (3) different persons for each vacancy and
submit 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 later
than sixty (60) days after the date the names of the nominees are
submitted to the governor, the chief justice shall make the
appointment from the nominees.
(b) A change in a list submitted to the governor under section 3 of
this chapter requires a resubmission of the altered list to the
governor, and the sixty (60) day period in which the governor must
make 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 of
appeals, or the tax court by the governor shall commence the duties
of the individual's office immediately upon the effective date of the
appointment. An appointment to a judicial office does not take effect
until 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 as
necessary to discharge the commission's responsibilities under the
Constitution of the State of Indiana and the state laws. Meetings of
the commission shall be called by the chairman, or if the chairman
fails to call a meeting when a meeting is necessary, upon the call of
any 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 meeting
unless the commission at its previous meeting designated the time
and 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 only
on the concurrence of a majority of the members attending a meeting.
The commission may not vote to reduce the number of candidates for
further consideration or to submit or not submit the list of nominees
under subsection (e) during an executive session. Four (4) members
constitute a quorum.
(d) The commission may adopt reasonable and proper rules for the
conduct of its proceedings and the discharge of its duties. The rules
must comply with this chapter and include procedures by which
eligible candidates for a vacancy in the supreme court or court of
appeals may submit their names to the commission. The rules are
public records, and the meetings of the commission at which the
rules are considered for initial adoption or amendment must be
publicly 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 meet
in executive session under IC 5-14-1.5-6.1 for the consideration of
a candidate for judicial appointment if:
(1) notice of the executive session is given in the manner
prescribed by IC 5-14-1.5-5;
(2) all interviews of candidates are conducted at meetings open
to the public; and
(3) copies of all attributable communications (as defined in
section 2(i) of this chapter) concerning the candidates have
been provided to all commission members and made available
for public inspection and copying. As added by P.L.98-2004, SEC.6.
IC 33-27-3
Chapter 3. Duties of the Commission; Appointments to Judicial
Office
IC 33-27-3-1 Duties
Sec. 1. (a) When a vacancy occurs in the supreme court, the court
of appeals, or the tax court, the clerk of the court shall promptly
notify the chairman of the commission of the vacancy.
(b) The chairman shall call a meeting of the commission not later
than 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 as
promptly as possible, but not later than seventy (70) days after the
time the vacancy occurs.
(d) When it is known that a vacancy will occur at a definite future
date, but the vacancy has not yet occurred, the clerk shall notify the
commission immediately of the future vacancy, and the commission
may, not later than sixty (60) days after receiving the notice of the
vacancy, make nominations and submit to the governor the names of
three (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 of
names and information; public records
Sec. 2. (a) The judicial nominating commission shall submit to the
governor, from those names the commission considers for a vacancy,
the names of only the three (3) most highly qualified candidates. In
determining which candidates are most highly qualified each
commission member shall evaluate each candidate, in writing, on the
following considerations:
(1) Legal education, including law schools attended and
education after law school, and any academic honors and
awards 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 attorneys
and judges with whom the candidate has had professional
contact, and the type of legal practice, including experience and
reputation 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 conflict
with the performance of judicial responsibilities.
(6) Activities in public service, including writings and speeches
concerning public affairs and contemporary problems, and
efforts and achievements in improving the administration of
justice.
(7) Any other pertinent information that the commission feels
is important in selecting the most highly qualified individuals
for judicial office.
(b) The commission may not make an investigation to determine
these considerations until the individual states in writing that the
individual desires to hold a judicial office that has been or will be
created by a vacancy and that the individual consents to the public
disclosure of information under subsections (d) and (g).
(c) The commission shall inquire into the personal and legal
backgrounds of each candidate by investigations made independent
from the statements on an application of the candidate or in an
interview with the candidate. In completing these investigations, the
commission may use information or assistance provided by:
(1) a law enforcement agency;
(2) any organization of lawyers, judges, or individual
practitioners; or
(3) any other person or association.
(d) The commission shall publicly disclose the names of all
candidates who have filed for judicial appointment after the
commission has received the consent required by subsection (b) but
before the commission has begun to evaluate any of the candidates.
If the commission's screening of the candidates for judicial
appointment occurs in an executive session conducted under
IC 5-14-1.5-6.1(b)(10), the screening may not reduce the number of
candidates for further consideration to fewer than ten (10)
individuals unless there are fewer than ten (10) individuals from
which to choose before the screening. When the commission's
screening has reduced the number of candidates for further
consideration to not less than ten (10) or it has less than ten (10)
eligible candidates otherwise from which to choose, the commission
shall:
(1) publicly disclose the names of the individuals and their
applications before taking any further action; and
(2) give notice of any further action in the same manner that
notice is given under IC 5-14-1.5.
(e) Information described in subsection (d)(1) is identifying
information 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 of
names submitted to the governor and the written evaluation of each
nominee shall be publicly disclosed by the commission.
(g) Notwithstanding IC 5-14-3-4, all public records (as defined in
IC 5-14-3-2) of the judicial nominating commission are subject to
IC 5-14-3-3, including records described in IC 5-14-3-4(b)(12).
However, the following records are excepted from public inspection
and copying at the discretion of the judicial nominating commission:
(1) Personnel files of commission employees and files of
applicants for employment with the commission to the extent
permitted 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 of
a candidate for judicial appointment.
(3) Investigatory records prepared for the commission under
subsection (c) until:
(A) the records are filed or introduced into evidence in
connection with the consideration of a candidate;
(B) the records are publicly discussed by the commission in
connection with the consideration of a candidate;
(C) a candidate elects to have the records released by the
commission; or
(D) the commission elects to release the records that the
commission considers appropriate in response to publicly
disseminated statements relating to the activities or actions
of the commission;
whichever occurs first.
(4) Applications of candidates for judicial appointment who are
not among the applicants eligible for further consideration
following 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, the
investigatory record becomes available for public inspection and
copying under IC 5-14-3-3.
(i) As used in this subsection, "attributable communication" refers
to a communication containing the sender's name, address, and
telephone number. The commission shall provide a copy of all
attributable communications concerning a candidate for judicial
appointment to each member of the commission. An attributable
communication becomes available for public inspection and copying
under IC 5-14-3-3 after a copy is provided to each member of the
commission. The commission may not consider a communication
other than an attributable communication in evaluating a candidate
for judicial appointment.
(j) The commission shall release the investigatory records
prepared for the commission under subsection (c) to the candidate for
judicial 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's
name be withdrawn, the commission shall nominate another person
to replace the nominee from the list of nominees previously
provided. Whenever two (2) or more vacancies exist, the commission
shall nominate three (3) different persons for each vacancy and
submit 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 later
than sixty (60) days after the date the names of the nominees are
submitted to the governor, the chief justice shall make the
appointment from the nominees.
(b) A change in a list submitted to the governor under section 3 of
this chapter requires a resubmission of the altered list to the
governor, and the sixty (60) day period in which the governor must
make 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 of
appeals, or the tax court by the governor shall commence the duties
of the individual's office immediately upon the effective date of the
appointment. An appointment to a judicial office does not take effect
until 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 as
necessary to discharge the commission's responsibilities under the
Constitution of the State of Indiana and the state laws. Meetings of
the commission shall be called by the chairman, or if the chairman
fails to call a meeting when a meeting is necessary, upon the call of
any 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 meeting
unless the commission at its previous meeting designated the time
and 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 only
on the concurrence of a majority of the members attending a meeting.
The commission may not vote to reduce the number of candidates for
further consideration or to submit or not submit the list of nominees
under subsection (e) during an executive session. Four (4) members
constitute a quorum.
(d) The commission may adopt reasonable and proper rules for the
conduct of its proceedings and the discharge of its duties. The rules
must comply with this chapter and include procedures by which
eligible candidates for a vacancy in the supreme court or court of
appeals may submit their names to the commission. The rules are
public records, and the meetings of the commission at which the
rules are considered for initial adoption or amendment must be
publicly 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 meet
in executive session under IC 5-14-1.5-6.1 for the consideration of
a candidate for judicial appointment if:
(1) notice of the executive session is given in the manner
prescribed by IC 5-14-1.5-5;
(2) all interviews of candidates are conducted at meetings open
to the public; and
(3) copies of all attributable communications (as defined in
section 2(i) of this chapter) concerning the candidates have
been provided to all commission members and made available
for public inspection and copying. As added by P.L.98-2004, SEC.6.
IC 33-27-3
Chapter 3. Duties of the Commission; Appointments to Judicial
Office
IC 33-27-3-1 Duties
Sec. 1. (a) When a vacancy occurs in the supreme court, the court
of appeals, or the tax court, the clerk of the court shall promptly
notify the chairman of the commission of the vacancy.
(b) The chairman shall call a meeting of the commission not later
than 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 as
promptly as possible, but not later than seventy (70) days after the
time the vacancy occurs.
(d) When it is known that a vacancy will occur at a definite future
date, but the vacancy has not yet occurred, the clerk shall notify the
commission immediately of the future vacancy, and the commission
may, not later than sixty (60) days after receiving the notice of the
vacancy, make nominations and submit to the governor the names of
three (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 of
names and information; public records
Sec. 2. (a) The judicial nominating commission shall submit to the
governor, from those names the commission considers for a vacancy,
the names of only the three (3) most highly qualified candidates. In
determining which candidates are most highly qualified each
commission member shall evaluate each candidate, in writing, on the
following considerations:
(1) Legal education, including law schools attended and
education after law school, and any academic honors and
awards 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 attorneys
and judges with whom the candidate has had professional
contact, and the type of legal practice, including experience and
reputation 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 conflict
with the performance of judicial responsibilities.
(6) Activities in public service, including writings and speeches
concerning public affairs and contemporary problems, and
efforts and achievements in improving the administration of
justice.
(7) Any other pertinent information that the commission feels
is important in selecting the most highly qualified individuals
for judicial office.
(b) The commission may not make an investigation to determine
these considerations until the individual states in writing that the
individual desires to hold a judicial office that has been or will be
created by a vacancy and that the individual consents to the public
disclosure of information under subsections (d) and (g).
(c) The commission shall inquire into the personal and legal
backgrounds of each candidate by investigations made independent
from the statements on an application of the candidate or in an
interview with the candidate. In completing these investigations, the
commission may use information or assistance provided by:
(1) a law enforcement agency;
(2) any organization of lawyers, judges, or individual
practitioners; or
(3) any other person or association.
(d) The commission shall publicly disclose the names of all
candidates who have filed for judicial appointment after the
commission has received the consent required by subsection (b) but
before the commission has begun to evaluate any of the candidates.
If the commission's screening of the candidates for judicial
appointment occurs in an executive session conducted under
IC 5-14-1.5-6.1(b)(10), the screening may not reduce the number of
candidates for further consideration to fewer than ten (10)
individuals unless there are fewer than ten (10) individuals from
which to choose before the screening. When the commission's
screening has reduced the number of candidates for further
consideration to not less than ten (10) or it has less than ten (10)
eligible candidates otherwise from which to choose, the commission
shall:
(1) publicly disclose the names of the individuals and their
applications before taking any further action; and
(2) give notice of any further action in the same manner that
notice is given under IC 5-14-1.5.
(e) Information described in subsection (d)(1) is identifying
information 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 of
names submitted to the governor and the written evaluation of each
nominee shall be publicly disclosed by the commission.
(g) Notwithstanding IC 5-14-3-4, all public records (as defined in
IC 5-14-3-2) of the judicial nominating commission are subject to
IC 5-14-3-3, including records described in IC 5-14-3-4(b)(12).
However, the following records are excepted from public inspection
and copying at the discretion of the judicial nominating commission:
(1) Personnel files of commission employees and files of
applicants for employment with the commission to the extent
permitted 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 of
a candidate for judicial appointment.
(3) Investigatory records prepared for the commission under
subsection (c) until:
(A) the records are filed or introduced into evidence in
connection with the consideration of a candidate;
(B) the records are publicly discussed by the commission in
connection with the consideration of a candidate;
(C) a candidate elects to have the records released by the
commission; or
(D) the commission elects to release the records that the
commission considers appropriate in response to publicly
disseminated statements relating to the activities or actions
of the commission;
whichever occurs first.
(4) Applications of candidates for judicial appointment who are
not among the applicants eligible for further consideration
following 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, the
investigatory record becomes available for public inspection and
copying under IC 5-14-3-3.
(i) As used in this subsection, "attributable communication" refers
to a communication containing the sender's name, address, and
telephone number. The commission shall provide a copy of all
attributable communications concerning a candidate for judicial
appointment to each member of the commission. An attributable
communication becomes available for public inspection and copying
under IC 5-14-3-3 after a copy is provided to each member of the
commission. The commission may not consider a communication
other than an attributable communication in evaluating a candidate
for judicial appointment.
(j) The commission shall release the investigatory records
prepared for the commission under subsection (c) to the candidate for
judicial 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's
name be withdrawn, the commission shall nominate another person
to replace the nominee from the list of nominees previously
provided. Whenever two (2) or more vacancies exist, the commission
shall nominate three (3) different persons for each vacancy and
submit 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 later
than sixty (60) days after the date the names of the nominees are
submitted to the governor, the chief justice shall make the
appointment from the nominees.
(b) A change in a list submitted to the governor under section 3 of
this chapter requires a resubmission of the altered list to the
governor, and the sixty (60) day period in which the governor must
make 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 of
appeals, or the tax court by the governor shall commence the duties
of the individual's office immediately upon the effective date of the
appointment. An appointment to a judicial office does not take effect
until 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 as
necessary to discharge the commission's responsibilities under the
Constitution of the State of Indiana and the state laws. Meetings of
the commission shall be called by the chairman, or if the chairman
fails to call a meeting when a meeting is necessary, upon the call of
any 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 meeting
unless the commission at its previous meeting designated the time
and 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 only
on the concurrence of a majority of the members attending a meeting.
The commission may not vote to reduce the number of candidates for
further consideration or to submit or not submit the list of nominees
under subsection (e) during an executive session. Four (4) members
constitute a quorum.
(d) The commission may adopt reasonable and proper rules for the
conduct of its proceedings and the discharge of its duties. The rules
must comply with this chapter and include procedures by which
eligible candidates for a vacancy in the supreme court or court of
appeals may submit their names to the commission. The rules are
public records, and the meetings of the commission at which the
rules are considered for initial adoption or amendment must be
publicly 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 meet
in executive session under IC 5-14-1.5-6.1 for the consideration of
a candidate for judicial appointment if:
(1) notice of the executive session is given in the manner
prescribed by IC 5-14-1.5-5;
(2) all interviews of candidates are conducted at meetings open
to the public; and
(3) copies of all attributable communications (as defined in
section 2(i) of this chapter) concerning the candidates have
been provided to all commission members and made available
for public inspection and copying. As added by P.L.98-2004, SEC.6.
