The Senate Judiciary Committee heard SJR 15 concerning selection of justices and appellate court judges authored and presented by Sen. M. Young. The resolution provides that one commission member is selected by attorneys licensed in Indiana, one commission member is appointed by the Speaker of the House of Representatives, and one commission member is appointed by the President Pro Tempore of the Senate.
The bill requires that at least one commission member appointed by the Governor must be an attorney and prohibits a person who is a lobbyist from serving on the commission. It also provides for the Governor to fill a vacancy on the Supreme Court or the Court of Appeals from nominees recommended by the commission, subject to confirmation by the Senate. The legislation provides that a justice of the Supreme Court or a judge of the Court of Appeals serves until July 1 of the tenth year after the justice’s or judge’s appointment is confirmed by the Senate or the justice’s or judge’s retention in office is confirmed by the House of Representatives. It provides that if a justice or judge wants to serve a new term, the justice or judge must apply to the House of Representatives for retention. The bill specifies that a judge or justice will be retained, unless: (1) the judge or justice does not apply to the House of Representatives for retention; or (2) at least 60% of the members of the House of Representatives vote against retention. It also amends the provisions concerning impeachment proceedings for a justice or judge and provides a transition for justices and judges serving at the time of the adoption of these amendments to the constitution.
The resolution was amended to provide that out of state felony convictions would result in a loss of office. Testimony was presented in opposition to the resolution from Judge Robert Freese, representing the Indiana Judges Association; current and former Judicial Nominating Commission members; John Trimble, President of the Indianapolis Bar Association and representing the Indiana State Bar Association Improvement of the Judiciary Committee; Defense Trial Counsel of Indiana; and the Indiana Public Defender Council. The amended resolution was defeated 4-6.
Read the resolution at http://iga.in.gov/legislative/2015/resolutions/senate/joint/15.