Indiana Judicial Nominating Commission
Encyclopedia
The Indiana Judicial Nominating Commission, which also serves as the Indiana Judicial Qualifications Commission, is a seven member panel chosen by the Indiana Bar Association and the Governor of Indiana
to select judges to serve on the Indiana Circuit Court, Indiana Court of Appeals
, and the Indiana Supreme Court. The commission is part of the Judicial Branch of the state government and reports directly to the state Supreme Court.
The commission is responsible for addressing complaint about the courts and investigating problems within the courts. The commission also audits the judges to ensures compliance with the Code of Judicial Conduct. Although the commissions has no power to enforce its decisions, it does submit reports to the Supreme Court who decide what portion of their recommendations should be followed.
The commission is a constitutional
body established by article six of the Constitution of Indiana
. In addition to its constitutional authority the Indiana General Assembly has granted the commission additional statutory authority in the Indiana Code
.
, and would serve terms of six years. The system came to be criticized when Governor James B. Ray
refused to reappoint two members of the Supreme Court for political reasons. A similar situation occurred during the term of Governor James Whitcomb
when he also refused to reappoint two members because he thought they were too slow to resolve cases. In 1851, Indiana adopted a new constitution and the positions on the courts were made publicly elected offices, but that method too quickly came under criticism as the position became even more politicized. The courts remained publicly elected until a series of amendments were passed in 1970 and 1971 that reorganized the state courts and established the Indiana Judicial Nominating Commission to replace the method of publicly electing judges. The new system was intended to make to judicial branch of the government more independent by giving it measure of control over selecting its own members, but limiting their power by making their choice subject to the approval of the governor.
Governor of Indiana
The Governor of Indiana is the chief executive of the state of Indiana. The governor is elected to a four-year term, and responsible for overseeing the day-to-day management of the functions of many agencies of the Indiana state government. The governor also shares power with other statewide...
to select judges to serve on the Indiana Circuit Court, Indiana Court of Appeals
Indiana Court of Appeals
The Indiana Court of Appeals is the intermediate-level appellate court for the state of Indiana. It is the successor to the Indiana Appellate Court.-History:...
, and the Indiana Supreme Court. The commission is part of the Judicial Branch of the state government and reports directly to the state Supreme Court.
Duties
The commission is responsible for creating a list of three candidates to fill vacant positions on the state judiciary. The commission follows a set of guidelines in the state constitution to determine eligibility for the positions, and to ensure that they only nominate the best qualified candidates that are available. The Governor then chooses a candidate from the list to fill the vacant position. The commission has the authority to choose who, among the sitting supreme court associate justices, who will serve as Chief Justice of the Indiana Supreme Court, and to certify who will be the senior judges on the lower state courts. The commission is also responsible for determining the qualifications of candidates who apply for state judgeship.The commission is responsible for addressing complaint about the courts and investigating problems within the courts. The commission also audits the judges to ensures compliance with the Code of Judicial Conduct. Although the commissions has no power to enforce its decisions, it does submit reports to the Supreme Court who decide what portion of their recommendations should be followed.
The commission is a constitutional
Constitution of Indiana
There have been two Constitutions of the State of Indiana. The first constitution was created when the Territory of Indiana sent forty-three delegates to a constitutional convention on June 10, 1816 to establish a constitution for the proposed State of Indiana after the United States Congress had...
body established by article six of the Constitution of Indiana
Constitution of Indiana
There have been two Constitutions of the State of Indiana. The first constitution was created when the Territory of Indiana sent forty-three delegates to a constitutional convention on June 10, 1816 to establish a constitution for the proposed State of Indiana after the United States Congress had...
. In addition to its constitutional authority the Indiana General Assembly has granted the commission additional statutory authority in the Indiana Code
Indiana Code
The Indiana Code is the code of laws for the US State of Indiana. The contents are the codification of the all the laws currently in effect within Indiana...
.
Members
The commission has a total of seven members and is chaired by the Chief Justice of the Indiana Supreme Court. Three of the members are citizens of Indiana appointed by the governor. Three other members are lawyers elected by the Indiana Bar Association. The Commission was established in 1970 by a constitutional amendment to replace the previous system of electing governors.History
Under the original 1816 constitution of Indiana, judges were appointed by the Governor and confirmed by the Indiana SenateIndiana Senate
The Indiana Senate is the upper house of the Indiana General Assembly, the state legislature of the U.S. state of Indiana. The Senate is composed of 50 members representing an equal number of constituent districts. Senators serve four-year terms without term limits...
, and would serve terms of six years. The system came to be criticized when Governor James B. Ray
James B. Ray
James Brown Ray was an Indiana politician and the only Senate President-Pro-Tempore to succeed to become Governor of the State of Indiana. He served during the period when the state transitioned from personal politics to political parties, but never joined a party himself. Elevated at age 31, he...
refused to reappoint two members of the Supreme Court for political reasons. A similar situation occurred during the term of Governor James Whitcomb
James Whitcomb
James Whitcomb was a Democratic United States Senator and the eighth Governor of Indiana. As governor during the Mexican-American War, he oversaw the formation and deployment of the state's levies...
when he also refused to reappoint two members because he thought they were too slow to resolve cases. In 1851, Indiana adopted a new constitution and the positions on the courts were made publicly elected offices, but that method too quickly came under criticism as the position became even more politicized. The courts remained publicly elected until a series of amendments were passed in 1970 and 1971 that reorganized the state courts and established the Indiana Judicial Nominating Commission to replace the method of publicly electing judges. The new system was intended to make to judicial branch of the government more independent by giving it measure of control over selecting its own members, but limiting their power by making their choice subject to the approval of the governor.