More than half of the Indiana Supreme Court is on the ballot this fall as voters will decide whether to keep them on the bench.
Indiana’s system of choosing Supreme Court and Court of Appeals judges has been around since 1970. The state’s Judicial Nominating Commission — made up of the chief justice of the Supreme Court, three non-lawyers appointed by the governor, and three lawyers appointed by attorneys throughout the state — choose three nominees for each open position on the bench.
And then, while the governor ultimately selects one of those nominees for the post, the voters have a chance to weigh in once they’re appointed.
Those judges and justices are on the ballot for retention in the first statewide election two full years after being appointed – and again every 10 years after that.
Chief Justice Loretta Rush is one of the justices up for retention this year. She said it’s important that voters consider the actual role of a judge when making their decision.
“People are saying, well, we want judges to do X, Y and Z,” Rush said. “You’ve really got to look and see, is that part of our constitutional role? Is that part of where we are, interpreting the law and in our constitutional democracy? And you've got to really protect that.”
Other states directly elect Supreme Court justices. And judicial races in many states have become sharply politicized.
Rush said she thinks that can create “total messes.”
“I mean, if you're out there raising millions, and then you're sitting on cases — I think there's a lot of distrust,” Rush said, “So, what we want to do is have the trust.”
Indiana judges up for retention aren’t allowed to campaign or seek or accept campaign donations unless there is an organized campaign against them.
Justice Christopher Goff and Justice Derek Molter are also up for retention this year.
READ MORE: What do I need on Election Day? The general election is Nov. 5
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And there are two appellate judges on the ballot in some parts of the state. Court of Appeals judges represent regions, so judges up for retention are only on the ballot in the area they represent.
This fall, voters will decide whether Judge Rudolph Pyle and Judge Peter Foley are retained.
No Indiana appellate judge or justice has ever lost a retention vote.
If a judge or justice does lose the retention vote, they leave their position once the result is certified. The Judicial Nominating Commission then goes through the process of choosing new nominees, with the replacement ultimately appointed by the governor.
CORRECTION: A previous version of this story stated that Justice Christopher Goff is up for retention this year. That was incorrect. It is Justice Mark Massa.
Brandon is our Statehouse bureau chief. Contact him at bsmith@ipbs.org or follow him on Twitter at @brandonjsmith5 .
