Indiana Judicial Nominating Commission

From Judgepedia

The Indiana Judicial Qualifications and Nominating Commission is a organization charged to select Indiana Supreme Court justices, fill other judicial vacancies, and adminster discipline in the Indiana judicial system.

History

In 1970, by constitutional amendment, Indiana joined the increasing number of states to create commissions of lawyers and lay citizens to screen and investigate allegations of judicial misconduct and, when appropriate, to file judicial disciplinary charges. Today, each of the fifty states and the District of Columbia has a judicial conduct commission. The Indiana Commission on Judicial Qualifications is a forum for complaints alleging judicial ethical misconduct. Its goal is to assist the judiciary in maintaining the appropriate balance independence and accountability.

Indiana State Constitution

Article VII, Sections 9 and 10 of the Indiana Constitution states:

There shall be one judicial nominating commission for the Supreme Court and Court of Appeals. This commission shall, in addition, be the commission on judicial qualifications for the Supreme Court and Court of Appeals.

The judicial nominating commission shall consist of seven members, a majority of whom shall form a quorum, one of whom shall be the Chief Justice of the State or a Justice of the Supreme Court whom he may designate, who shall act as chairman. Those admitted to the practice of law shall elect three of their number to serve as members of said commission. All elections shall be in such manner as the General Assembly may provide. The Governor shall appoint to the commission three citizens, not admitted to the practice of law. The terms of office and compensation for members of a judicial nominating commission shall be fixed by the General Assembly. No member of a judicial nominating commission other than the Chief Justice or his designee shall hold any other salaried public office. No member shall hold an office in a political party or organization. No member of the judicial nominating commission shall be eligible for appointment to a judicial office so long as he is a member of the commission and for a period of three years thereafter.

(History: As Amended November 8, 1960; November 3, 1970).

A vacancy in a judicial office in the Supreme Court or Court of Appeals shall be filled by the Governor, without regard to political affiliation, from a list of three nominees presented to him by the judicial nominating commission. If the Governor shall fail to make an appointment from the list within sixty days from the day it is presented to him, the appointment shall be made by the Chief Justice or the acting Chief Justice from the same list.

To be eligible for nomination as a justice of the Supreme Court or Judge of the Court of Appeals, a person must be domiciled within the geographic district, a citizen of the United States, admitted to the practice of law in the courts of the State for a period of not less than ten (10) years or must have served as a judge of a circuit, superior or criminal court of the State of Indiana for a period of not less than five (5) years.

(History: As Amended November 3, 1970).

Membership

The Indiana Commission on Judicial Qualifications and the Indiana Judicial Nominating Commission are two constitutionally-established commissions comprised of the same seven members. The Chief Justice of Indiana is the ex officio Chair of the Commissions. The Chief Justice serves five-year terms. The other six members are three lay citizens appointed by the Governor and three lawyers elected by other lawyers, all to three-year terms.

Indiana Judicial Qualifications Commission

The Qualifications Commission itself does not remove, suspend, or formally discipline judges; only the Indiana Supreme Court has jurisdiction to impose formal judicial discipline. The Commission's function is to investigate complaints concerning Indiana judges and to determine whether a particular complaint has merit. Serious cases may result in charges of misconduct filed with the Supreme Court after a Commission investigation. Less serious cases may result in confidential warnings from the Commission.