Judicial selection in Indiana

Judicial selection in Indiana
Indiana Supreme Court
Method:	Assisted appointment
Term:	2 or 10 years
Indiana Court of Appeals
Method:	Assisted appointment
Term:	2 or 10 years
Indiana Circuit Courts
Method:	Partisan election
Term:	6 years
Indiana Superior Courts
Method:	Partisan election
Term:	6 years

Judicial selection refers to the process used to select judges for courts. At the state level, methods of judicial selection vary substantially in the United States, and in some cases between different court types within a state. There are six primary types of judicial selection: partisan and nonpartisan elections, the Michigan method, assisted appointment, gubernatorial appointment, and legislative elections. To read more about how these selection methods are used across the country, click here.

This article covers how state court judges are selected in Indiana, including:

• Supreme Court,
• Court of Appeals,
• Circuit Court,
• Superior Court,
• Limited jurisdiction courts

As of March 2023, Supreme Court and Court of Appeals judges in Indiana were selected through the assisted appointment method, where the governor selects a nominee from a list provided by a nominating commission. Most Superior Court and Circuit Court judges were selected through partisan elections, though some exceptions exist where judges were selected through nonpartisan elections or by assisted appointment. Judges seeking to serve more than one term must stand for retention or re-election, depending on the position's selection method. Judges' terms begin on January 1 following their election.

Click here to notify us of changes to judicial selection methods in this state.

Indiana Supreme Court

See also: Indiana Supreme Court

The five justices on the Indiana Supreme Court are selected through the assisted appointment method. The Indiana Judicial Nominating Commission is responsible for providing the names of three nominees to the governor, who must then select a justice from that list. The commission is made up of six voting members from the three geographic districts covered by the Indiana Court of Appeals. Members include three attorneys, elected by attorneys in their respective geographic districts, and three non-attorneys, appointed by the governor. The chief justice or his or her designee serves as an ex officio member of the commission.

Justices serve at least two years following their initial appointment. They must stand for retention at the first statewide general election to remain in office. If retained, justices serve a ten-year term and must stand for retention every ten years after that point to remain in office.

Qualifications

To serve on this court, a judge must be:

• a U.S. citizen;
• an Indiana resident;
• admitted to practice law in the state for at least 10 years or have served as a trial court judge for at least five years; and
• under the age of 75 (retirement at 75 is mandatory).

Chief Justice

The chief justice is selected by the Indiana Judicial Nominating Commission from the members of the supreme court and serves a five-year term. In the event of a vacancy, the justice with the longest tenure on the supreme court serves as acting chief justice until the nominating commission fills the position.

Vacancies

See also: How vacancies are filled in state supreme courts

If a midterm vacancy occurs on the court, the position is filled as it normally would be had the vacancy occurred at the end of a justice's term. The Indiana Judicial Nominating Commission provides the names of three nominees to the governor, who must then select a justice from that list. The new appointee serves at least two years following his or her initial appointment and must stand for retention at the first statewide general election to remain in office. The map below highlights how vacancies are filled in state supreme courts across the country.

Indiana Court of Appeals

See also: Indiana Court of Appeals

The fifteen judges on the Indiana Court of Appeals are selected through the assisted appointment method. The Indiana Judicial Nominating Commission is responsible for providing the names of three nominees to the governor, who must then select a judge from that list. The commission is made up of six voting members from the three geographic districts covered by the Indiana Court of Appeals. Members include three attorneys, elected by attorneys in their respective geographic districts, and three non-attorneys, appointed by the governor. The chief justice or his or her designee serves as an ex officio member of the commission.

Judges serve at least two years following their initial appointment. They must stand for retention at the first statewide general election to remain in office. If retained, justices serve a ten-year term and must stand for retention every ten years after that point to remain in office.

The court of appeals is divided into five districts, each represented by three judges. The first three districts make up the southern, middle, and northern thirds of the state, respectively. The fourth and fifth districts include all counties and consist of three judges, one from each of the first three districts.

Qualifications

To serve on this court, a judge must be:

• a U.S. citizen;
• an Indiana resident;
• admitted to practice law in the state for at least 10 years or have served as a trial court judge for at least five years; and
• under the age of 75 (retirement at 75 is mandatory).

Additionally, a judge must reside in the same appellate district as the outgoing judge. Learn more about Indiana's appellate district system here.

Chief judge

The chief judge is selected by his or her peers on the Indiana Court of Appeals and serves a three-year term. Three judges in each district will also choose a presiding judge for the district who serves a one-year term.

Vacancies

If a midterm vacancy occurs on the court, the position is filled as it normally would be had the vacancy occurred at the end of a judge's term. The Indiana Judicial Nominating Commission provides the names of three nominees to the governor, who must then select a judge from that list. The new appointee serves at least two years following his or her initial appointment and must stand for retention at the first statewide general election to remain in office.

Indiana Circuit Courts

See also: Indiana Circuit Courts

Most judges on Indiana's Circuit Courts are elected in partisan elections to serve a six-year term, after which they must run for re-election to serve additional terms. In Vanderburgh County, judges are elected in nonpartisan elections.

Qualifications

Though some counties have enacted additional qualifications, a judge serving on these courts must at least be:

• a resident of the circuit court district and
• admitted to practice law in the state.

Chief judge

The process of selecting a chief judge varies by the circuit court, as does the chief's term length.

Vacancies

If a midterm vacancy occurs in a circuit court, the position is filled through a gubernatorial appointment. The appointed judge must stand for re-election at the next general election to remain in office. After that initial election, he or she must stand for re-election every six years.

Indiana Superior Courts

See also: Indiana Superior Courts

Most judges on Indiana's Superior Courts are elected in partisan elections to serve a six-year term, after which they must run for re-election to serve additional terms. Some exceptions apply:

• Superior court judges in Lake, Marion, and St. Joseph County are selected through the assisted appointment method. Local nominating commissions in these counties submit a list of names to the governor, who then appoints one. Judges serve at least two years following their initial appointment after which they must run for retention to serve a subsequent six-year term.
• Superior court judges in Allen County and Vanderburgh County are elected and re-elected in nonpartisan elections.

Qualifications

Though some counties have enacted additional qualifications, a judge serving on these courts must at least be:

• a resident of the superior court district and
• admitted to practice law in the state.

Chief Justice

The process of selecting a chief judge varies by the superior court, as does the chief's term length.

Vacancies

If a midterm vacancy occurs in a superior court, the position is typically filled through a gubernatorial appointment. The appointed judge then serves out the remainder of his or her predecessor's term, after which point he or she must seek re-election to remain in office. Some exceptions apply:

• In Lake, Marion, and St. Joseph County, midterm vacancies are filled as they normally would be had the vacancy occurred at the end of a judge's term. Local nominating commissions submit a list of names to the governor, who then appoints one. Judges serve the remainder of their predecessors' terms and must stand for retention to seek a subsequent six-year term. If retained, justices serve a six-year term and must stand for retention every six years after that point to remain in office.
• In Allen County, midterm vacancies are filled through the assisted appointment method with a local nominating commission submitting a list of names to the governor, who then picks one. Following his or her appointment, the judge serves out the remainder of his or her predecessor's term and must seek re-election in a nonpartisan election to remain in office.

Limited jurisdiction courts

Indiana has four types of limited jurisdiction courts: tax court, probate court, small claims court, and city and town courts.

Indiana Tax Court

See also: Indiana Tax Court

The Indiana Tax Court judge is selected through the assisted appointment method. The Indiana Judicial Nominating Commission is responsible for providing the names of three nominees to the governor, who must then select a judge from that list. The judge serves at least two years following his or her initial appointment. He or she must stand for retention at the first statewide general election in to remain in office. If retained, the judge serves a ten-year term and must stand for retention every ten years after that point to remain in office. The tax court judge must be a resident of Indiana and have been admitted to practice law in the state for at least five years.

St. Joseph County Probate Court

See also: St. Joseph County Probate Court, Indiana

The probate court in St. Joseph County is the only such court in Indiana.

The St. Joseph County Probate Court judge is elected in a partisan election to serve a six-year term, after which he or she must run for re-election to serve additional terms. If a midterm vacancy occurs, the position is filled through a gubernatorial appointment. The appointed judge must stand for re-election at the next general election to remain in office. After that initial election, he or she must stand for re-election every six years. The St. Joseph County Probate Court judge must be a resident of St. Joseph County.

Indiana Small Claims Courts

See also: Indiana Small Claims Courts

The small claims courts in Marion County are the only such courts in Indiana. Every township in the county has its own small claims court.

Judges on the Indiana Small Claims Courts are elected in partisan elections to serve four-year terms, after which they must run for re-election to serve additional terms. In the event of a midterm vacancy, the position is filled by the small claim courts' respective township board no more than 30 days after the vacancy occurs. A small claims court judge must be a U.S. citizen and a resident of the township for at least one year, have high moral character and reputation, and have been admitted to practice law in Indiana at the time he or she files for the office.

City and Town Courts

See also: Indiana Municipal Courts

City and town court judges are elected in partisan elections to serve four-year terms, after which they must run for re-election to serve additional terms. City and town court judges must be a resident of the municipality and licensed to practice law in Indiana.

History of the Court

Below is a timeline noting changes to judicial selection methods in Indiana, from the most recent to the earliest.

• 1986: The Indiana Tax Court was created, with its judge chosen through the assisted appointment method.
• 1970: A constitutional amendment changed the Indiana Supreme Court, Indiana Court of Appeals, and Indiana Circuit Courts. Appellate court judges would be appointed to ten-year terms through the assisted appointment method. Circuit court judges would be elected in partisan elections to serve six-year terms. The amendment went into effect in 1972.
• 1891: The Indiana Court of Appeals was created, with judges elected to four-year terms.
• 1881: Established that criminal court judges be elected to four-year terms.
• 1871: Established that superior court judges serve for four years instead of six.
• 1851: Established that all judges be elected to six-year terms.
• 1816: Established that supreme court justices be appointed through the gubernatorial appointment method with consent from the Indiana State Senate. Also established that the heads of circuit courts be elected by the Indiana General Assembly while the remaining circuit judges be elected by the voters to seven-year terms.

Courts in Indiana

In Indiana, there are two federal district courts, a state supreme court, a state court of appeals, and trial courts with both general and limited jurisdiction. These courts serve different purposes, which are outlined in the sections below.

Click a link for information about that court type.

• Federal courts
• State supreme court
• State court of appeals
• Trial courts

The image below depicts the flow of cases through Indiana's state court system. Cases typically originate in the trial courts and can be appealed to courts higher up in the system.

The structure of Indiana's state court system.

Selection of federal judges

United States district court judges, who are selected from each state, go through a different selection process from that of state judges.

The district courts are served by Article III federal judges, who are appointed for life during good behavior. They are usually first recommended by senators (or members of the House, occasionally). The President of the United States nominates judges, who must then be confirmed by the United States Senate in accordance with Article III of the United States Constitution.

In other states

Each state has a unique set of guidelines governing how they select judges at the state and local level. These methods of selection are:

Election

• Partisan election: Judges are elected by the people, and candidates are listed on the ballot alongside a label designating political party affiliation.
• Nonpartisan election: Judges are elected by the people, and candidates are listed on the ballot without a label designating party affiliation.
• Michigan method: State supreme court justices are selected through nonpartisan elections preceded by either partisan primaries or conventions.
• Retention election: A periodic process whereby voters are asked whether an incumbent judge should remain in office for another term. Judges are not selected for initial terms in office using this election method.

Assisted appointment

• Assisted appointment, also known as merit selection or the Missouri Plan: A nominating commission reviews the qualifications of judicial candidates and submits a list of names to the governor, who appoints a judge from the list. At the state supreme court level, this method is further divided into the following three types:
  • Bar-controlled commission: The state Bar Association is responsible for appointing a majority of the judicial nominating commission that sends the governor a list of nominees that they must choose from.
  • Governor-controlled commission: The governor is responsible for appointing a majority of the judicial nominating commission that sends the governor a list of nominees they must choose from.
  • Hybrid commission: The judicial nominating commission has no majority of members chosen by either the governor or the state bar association. These commissions determine membership in a variety of ways, but no institution or organization has a clear majority control.

Direct appointment

• Court appointment: Judges are selected by judges in the state judiciary.
• Gubernatorial appointment: Judges are appointed by the governor. In some cases, approval from the legislative body is required.
• Legislative election: Judges are selected by the state legislature.
• Municipal government selection: Judges are selected by the governing body of their municipality.

Click a state on the map below to explore judicial selection processes in that state.

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See also

State courts	Appointment methods	Election methods
State supreme courts Intermediate appellate courts Trial courts	Assisted appointment Court appointment Gubernatorial appointment Legislative election Municipal government selection	Partisan election Nonpartisan election Michigan method

External links

• Indiana Courts website
• Indiana Election Division website

Footnotes

Indiana courts

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Federal courts:

Seventh Circuit Court of Appeals • U.S. District Court: Northern District of Indiana, Southern District of Indiana • U.S. Bankruptcy Court: Northern District of Indiana, Southern District of Indiana

State courts:

Indiana Supreme Court • Indiana Court of Appeals • Indiana Superior Courts • Indiana Circuit Courts • Indiana Small Claims Courts • St. Joseph County Probate Court, Indiana • Indiana Tax Court • Indiana Municipal Courts

State resources:

Courts in Indiana • Indiana judicial elections • Judicial selection in Indiana