A recent Indiana Supreme Court decision holding that individuals do not have the right to stop with force an unlawful entrance by a police officer is leading to calls for changes to the state’s merit selection system. The opinion has already resulted in death threats to the court, protests, an electoral challenge expected in the 2012 retention election of one of the justices, and according to an article in The Indiana Lawyer, plans to change the state’s merit selection system (h/t Gavel Grab).
So, what might those changes look like? The Indiana Lawyer article mentions a 2005 proposal to, among other things, require Senate confirmation of appellate judges seeking to be retained in office in lieu of the existing Yes/No retention election system. That bill passed the Senate but not the House (see SJR 1 of 2005, below).
Recent proposals include:
HJR 9 of 2009: Specifies Supreme Court consists of Chief Justice and exactly 4 Associate Justices (currently, may have 4-8 associate justices). Members of court to select Chief Justice from among themselves. Provides that three of the justices are to be elected by the voters of districts and two by all the voters of Indiana. Provides that the governor fills a vacancy on the supreme court from the judges of the court of appeals and the individual who fills the vacancy serves the remainder of the unexpired term of the justice the individual succeeds. Died in House Committee on Judiciary.
SJR 1 of 2006: Renames the judicial nominating commission as the commission on judicial nominations and qualifications. 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 tem of the senate. Requires at least one commission member appointed by the governor to be an attorney. Prohibits a person who is a lobbyist from serving on the commission. Restates provisions concerning impeachment proceedings for a justice or judge. Died in Senate Committee on Judiciary.
SJR 1 of 2005: Renames the judicial nominating commission as the commission on judicial nominations and qualifications. Provides that one commission member will be selected by attorneys licensed in Indiana, one commission member will be appointed by the speaker of the house of representatives, and one commission member will be appointed by the president pro tem. Requires at least one commission member appointed by the governor to be an attorney. Prohibits a person who is a registered lobbyist from serving on the commission. Provides for the governor to fill a vacancy on the supreme court or the court of appeals from nominees recommended by the commission on judicial nominations and qualifications, subject to confirmation by the senate. Provides that a justice of the supreme court and 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 senate. Provides that if a justice or judge wants to serve a new term, the justice or judge must apply to the senate for retention. Specifies that a judge or justice will be retained, unless: (1) the judge or justice does not apply to the senate for retention; and (2) at least 60% of the members of the senate vote against retention. Clarifies impeachment proceedings for a justice or judge. Approved by full Senate. Died in House Committee on Judiciary.
HJR 7 of 2005: Provides that the general assembly may remove a justice or judge from office for any reason determined by the general assembly under procedures established by law. Requires at least two-thirds of the members of the house of representatives and two-thirds of the members of the senate to vote in favor of removal of the justice or judge. Died in House Committee on Judiciary.
HJR 3 of 2003: Ends merit selection. Requires justices of the supreme court and judges of the court of appeals to be elected by the voters. Provides that the members of the supreme court shall select the chief justice. Eliminates the judicial nominating commission. Died in House Committee on Judiciary.
HJR 6 of 2003: Ends merit selection. Requires justices of the supreme court and judges of the court of appeals to be elected by the voters. Provides that the members of the supreme court shall select the chief justice. Eliminates the judicial nominating commission. Approved by House Committee on Judiciary. Died on House floor.
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