1. (a) This section applies to a vacancy in the office of judge of a town court that is:

   1. (1) not covered by section 1 of this chapter; or
   2. (2) covered by section 1 of this chapter, but not filled by a major political party by the applicable deadline set forth in IC 3-13-11-3 .
2. (b) A vacancy shall be filled by the town council at a regular or special meeting.

3. (c) The town clerk-treasurer shall give notice of the meeting. The meeting shall be held not later than thirty (30) days after:

   1. (1) the vacancy occurs if the vacancy is not covered by section 1 of this chapter; or
   2. (2) the applicable deadline for a major political party to fill the vacancy as set forth in IC 3-13-11-3 .

4. (d) The notice must:

   1. (1) be in writing;
   2. (2) state the purpose of the meeting;
   3. (3) state the date, time, and place of the meeting; and
   4. (4) be sent by first class mail to each council member at least ten
   5. (10) days before the meeting.

5. (e) If a vacancy:

   1. (1) is not covered by section 1 of this chapter; and

   2. (2) exists because of the death of a judge;

      the council shall meet and select an individual to fill the vacancy not later than thirty (30) days after the town clerk-treasurer receives notice of the death under IC 5-8-6 . The town clerk-treasurer may not give the notice required by subsection (c) until the town clerk-treasurer receives notice of the death under IC 5-8-6 .

6. (f) If a vacancy:

   1. (1) is covered by section 1 of this chapter;
   2. (2) exists because of the death of a judge; and

   3. (3) exists for more than thirty (30) days;

      the council shall meet and select an individual to fill the vacancy not later than sixty (60) days after the town clerk-treasurer receives notice of the death under IC 5-8-6 . The town clerk-treasurer may not give the notice required by subsection (c) until the town clerk-treasurer receives notice of the death under IC 5-8-6 .

      [Pre-1986 Recodification Citations: 3-2-10-5.5(b); 3-2-10-6 part.]

As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.449; P.L.8-1989, SEC.9; P.L.4-1991, SEC.127; P.L.119-2005, SEC.16; P.L.278-2019, SEC.157.