Supreme Court of Indiana - Terms and Elections

Terms and Elections

Article 7 of the Indiana Constitution governs the term length of Supreme Court Justices. When there is a vacancy on the Court, a new justice is nominated using a variation of the Missouri Plan. First, the Judicial Nominating Commission submits a list of three qualified nominees to the governor. The governor then selects the new Justice from the list. If the governor fails to choose a replacement within sixty days, the chief justice or the acting chief justice must do so. The Judicial Nomination Commission Chief Justice selects the chief justice from the sitting associate justices for a five-year term. The chief justice presides over the Court. When the position of chief justice becomes vacant, the most senior member of the Court serves as the acting chief justice until a new one is chosen by the Judicial Nominating Commission. The chief justice also serves as chairman of the Judicial Nominating Commission.

Justices are appointed to a term that could potentially last for ten years. Once a new justice is chosen, he may serve for two years before being subjected to a retention election held during the first statewide election following the completion of the justice's second year in office. The justice is listed on the ballot with the option to be retained or to be rejected from the Court. If retained, the justice may serve the remainder of his ten-year term. When a term is completed, the justice must be reappointed with the same process originally used to appoint him to remain on the Court. A majority vote of both houses of the Indiana General Assembly may impeach a justice for misconduct. It is mandatory for a justice to retire at age seventy-five, even if their term is incomplete.