1. (a) This section applies to each sitting judge who wishes to stand for retention under section 13.3 of this chapter in 2027 and each year following.
2. (b) Before a judge is eligible to stand for retention under section 13.3 of this chapter, the judge must appear, in person, before the committee to permit the committee to determine the judge's suitability to continue to hold judicial office. If a judge does not appear before the committee as required by this subsection, the committee shall provide notice to the clerk that the question of the judge's retention may not be on the ballot.

3. (c) Before a judge files a statement under section 13.3 of this chapter that the judge wishes to be retained in office, the judge shall:

   1. (1) notify the committee that the judge wishes to be retained in office; and
   2. (2) provide the committee with a written statement describing the judge's qualifications and suitability to continue to hold judicial office, with particular emphasis on the matters described in section 13.4(b) of this chapter.
4. (d) After receiving the materials described in subsection (c), the committee shall promptly schedule an in-person hearing to consider the materials submitted by the judge and interview the judge. The hearings shall be held in a public hearing and shall be scheduled with sufficient time for the committee to make a determination and allow the judge to meet the filing deadline required by section 13.3(b) of this chapter. The committee shall meet in executive session when deliberating as to the suitability of a judge wishing to retain judicial office.
5. (e) A judge is presumed suitable to continue to hold judicial office. The affirmative votes of at least nine (9) committee members are required to find that a judge is not suitable to continue to hold judicial office.
6. (f) If the committee finds that a judge is not suitable to continue to hold judicial office, the judge shall not be retained beyond the conclusion of the judge's current term and the judge shall be replaced as provided under section 13.4 of this chapter.
7. (g) If the committee finds that a judge is suitable to continue to hold judicial office, the judge may be retained subject to the approval of the electorate of Marion County under section 13.3 of this chapter.
8. (h) The committee shall provide notice to the clerk of each decision made under subsection (f) or (g). If a judge has not been found suitable for retention under this section, the clerk shall not include the question of the judge's retention on the ballot.
9. (i) Subject to section 13.1 of this chapter, the committee may adopt policies and operating procedures to implement this section.

As added by P.L.245-2017, SEC.12. Amended by P.L.76-2026, SEC.9.