H.E.A. 1033, P.L. 76-2026
Effective: March 4, 2026; §25-27 effective July 1, 2026
JRAC:
- Requires a voting member of the justice reinvestment advisory council to cast a vote in person.
- Requires that, in a county having a consolidated city, the chief judge or a judge appointed by the chief judge be the chair of the local justice reinvestment advisory council.
- Provides that a local or regional advisory council may only take action upon the affirmative vote of the members and a member must cast a vote in person.
Retired judicial officers (§25-27):
- Allows retired judicial officers to possess and use a firearm if the retired judicial officer carries a photo identification card identifying the person as a retired judicial officer and evidence of completing the firearm training required within the previous 365 days.
Community Corrections Advisory Board:
- Amends the membership of the community corrections advisory board with a consolidated city.
Marion County Judicial Selection Committee:
- Provides the committee selects nominees for the court and makes determinations concerning the suitability of a judge to continue to hold judicial office.
- Removes representatives from the Indianapolis Bar Association, Marion County Bar Association, Indiana Trial Lawyers Association, and the Defense Trial Counsel of Indiana
- Adds two attorneys who reside in Marion County appointed by the Governor and two attorneys who reside in Marion County appointed by the Chief Justice.
- Amends criteria that a committee member may not be a close relative of anyone who currently works or has held the position of judge, judicial officer, or employee in Marion County Circuit or Superior Court in the previous six years.
- Provides a member can be appointed for an additional four-year term, but a member cannot serve consecutive terms.
- Sets forth start and expiration dates for certain committee members, staggering the start dates on July 1, 2026, and July 1, 2028.
- Specifies that if a newly appointed judge is filling a vacancy of a judge whose term ends the same year as the appointment, the newly appointed judge shall serve a term that expires on December 31 of the sixth full year following the appointment.
- Requires the judicial selection committee to nominate five candidates to the governor when a judicial vacancy exists and allows the governor to appoint any of the nominated candidates when filling more than one vacancy within the same political party.
- Adds that information from the disciplinary commission or commission on judicial qualifications can be considered by the selection committee.
- Requires the judicial selection committee to determine that a judge is suitable to retain judicial office before a judge’s request for retention may be placed on the ballot.
- Establishes a procedure with specific deadlines for a judge who wishes to stand for retention in 2026 and separately amends the retention provisions for 2027 and each following year.
Marion County Executive Committee:
- Repeals and replaces a provision concerning the procedure to select the Marion County judicial executive committee (executive committee) and certain court provisions.
- Defines “full court” as the total of all Marion superior court judges who are appointed and serving as judges and replaces the term “presiding judge” with “chief judge” within the Marion Superior Court.
- Increases the term of an executive committee member of the Marion County judiciary from two years to three years. Provides that, for an executive committee starting a term on January 1, 2027, and for the selection of each executive committee thereafter, the full court shall meet not later than November 15 in the final year of the executive committee’s term to select the candidates of the next executive committee.
- Requires a two-thirds vote of the sitting judges who will hold office on January 1 of the next year to select the candidates of the executive committee and requires the chair of the judicial selection committee to approve the members of the executive committee and select one member of the executive committee as the chief judge.
- Allows the chair of the judicial selection committee to remove a member of the executive committee for cause.
- Specifies which duties are the responsibility of the full court, the executive committee, and which responsibilities are determined by a trial judge.
- Provides that any action taken by the executive committee may only be overruled by a vote of 85% of the full court sitting at the time the vote is taken, including removal of a member of the executive committee.
- Removes a requirement that the executive committee needs the approval of two-thirds of the judges to determine the number of judicial officers and personnel required to serve the court.
- Amends how magistrates and commissioners are appointed. Provides that the judge of the circuit court has exclusive authority to appoint commissioners or magistrates allocated to the circuit court.
- Specifies that the executive committee has final authority for all employment decisions regarding commissioners and magistrates of the superior court.
- Repeals a provision that allows the presiding judge to appoint a magistrate and allows the executive committee to appoint 28 magistrates.
Read the bill at: https://iga.in.gov/legislative/2026/bills/house/1033/