Certification of vacancy to governor; manner of filling vacancy
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; P.L.201-2011, SEC.6; P.L.194-2013, SEC.91; P.L.245-2017, SEC.4.
- (a) As used in this section, "judge" refers to a judge of a circuit, superior, or probate 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 .
(f) 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 for the office, and qualified;
whichever occurs first.
- (g) Except as provided in this subsection, the office of judge of the circuit court shall be elected at the next general election following the date any vacancy occurred. If a vacancy occurs in the office of judge of the circuit court after noon seventy-four (74) days before a general election, the office shall be elected at the second general election following the date any vacancy occurred.
- (h) 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.
(i) A vacancy in the office of judge of a superior or probate 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 .
(5) IC 33-33-49-13.4 .
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.
[Pre-1986 Recodification Citation: Ind. Const. Art. 5, § 18 part.]
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; P.L.201-2011, SEC.6; P.L.194-2013, SEC.91; P.L.245-2017, SEC.4.