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Indiana Judicial Nominating Commission

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Gubernatorial appointment

The Indiana Judicial Nominating Commission is an independent state commission in Indiana established by the Amendment 2 in 1970 that plays a role in the state's judicial selection process. The commission has seven members: three are appointed by attorneys, three are appointed by the governor, and the other is a member of the Indiana Supreme Court.[1]

Indiana uses the assisted appointment method of judicial selection for its appellate courts. Using this method, the governor appoints state judges from a list of names submitted by the commission.

The commission is a hybrid commission, which means that there is no majority of members chosen by either the governor or the state Bar association. As of October 23, 2025, 11 states used this type of commission. To learn more about controlling majorities in judicial selection commissions, click here.

Members

Last updated: April 2025

The commission has seven members. Both an attorney and a non-attorney are appointed from each of the state's three Court of Appeals districts. The non-attorneys are selected by the governor and the attorneys are selected by attorneys within those districts. Each of these six members serve staggered three-year terms. The seventh member is either the chief justice of the Indiana Supreme Court or another member of the supreme court designated by the chief justice.[1]

Aside from the member who is a supreme court justice, no other member of the nominating commission may hold public office or an office in a political party or organization. Members of the commission are ineligible for appointment to a judicial office during their tenure and for three years after their term ends. The members appointed from a district must reside in that district during their team on the commission.[1]

Members of the Indiana Judicial Nominating Commission, April 2025
Name District Term-end date
Chair Loretta H. Rush Indiana Supreme Court N/A
Molly Kitchell First District December 31, 2025
Steve L. Williams, Esq. First District December 31, 2027
Jerry Torr Second District December 31, 2027
Lee C. Christie, Esq. Second District December 31, 2025
Nancy Stewart Third District December 31, 2026
Daniel B. Vinovich, Esq. Third District December 31, 2026

Process

On its website, the commission lays out the following steps for filling a judicial vacancy:[1]

  1. The commission publicly announces the vacancy and solicits applications.
  2. The commission selects applicants to evaluate.
  3. The commission conducts background checks and publicly interviews applicants.
  4. The commission votes in a public session on three nominees to refer to the governor.
  5. The commission submits a report summarizing the three nominees' qualifications to the governor.
  6. The governor appoints one of the three nominees within 60 days of the report.

In the event that the governor does not make a selection within 60 days of the report, the chief justice of the Indiana Supreme Court makes the appointment from the list of names.[1][2]

According to state statute, the commission is required to consider the following when evaluating candidates:[1]

  • legal education
  • legal writings
  • reputation in the practice of law
  • physical ability to do the job
  • financial interests for conflict-of-interest purposes
  • public service activities

Duties

As of April 2025, the Indiana Judicial Nominating Commission website did not list specific duties for members of the commission.

Control of judicial selection commissions

Assisted appointment is a method of judicial selection in which a nominating commission reviews the qualifications of judicial candidates and submits a list of names to the governor, who appoints a judge from the list.[3]

At the state supreme court level, this method is further divided into the following three types, based on the makeup of the judicial nominating commissions. Those types are:

  • Governor-controlled commission - The governor is either responsible for appointing a majority of the members of the nominating commission or may decline to appoint a candidate from a list provided by the nominating commission.
  • Bar-controlled commission - Members of the state Bar Association are responsible for electing a majority of the members of the nominating commission.
  • Hybrid - There is no majority of members chosen by either the governor or the state Bar Association. The membership of these commissions is determined by different rules in each state.

Twenty-three courts in 22 states used assisted appointment to select state supreme court justices as of June 2021.[4][5] Indiana used a hybrid commission. The table below shows the number of courts using each variation of assisted appointment at the state supreme court level.

Assisted appointment methods in state supreme courts
Method Courts (of 23)
Governor-controlled majority 10
Bar-controlled majority 1
Hybrid 12

The map below highlights the states that use each of the three types of assisted appointment.

About judicial selection

Each state has a unique set of guidelines governing how they select judges at the state and local level. These methods of selection are:

Election

  • Partisan election: Judges are elected by the people, and candidates are listed on the ballot alongside a label designating political party affiliation.
  • Nonpartisan election: Judges are elected by the people, and candidates are listed on the ballot without a label designating party affiliation.
  • Michigan method: State supreme court justices are selected through nonpartisan elections preceded by either partisan primaries or conventions.
  • Retention election: A periodic process whereby voters are asked whether an incumbent judge should remain in office for another term. Judges are not selected for initial terms in office using this election method.

Assisted appointment

  • Assisted appointment, also known as merit selection or the Missouri Plan: A nominating commission reviews the qualifications of judicial candidates and submits a list of names to the governor, who appoints a judge from the list.[3] At the state supreme court level, this method is further divided into the following three types:
    • Bar-controlled commission: Members of the state Bar Association are responsible for electing a majority of the judicial nominating commission that sends the governor a list of nominees that they must choose from.
    • Governor-controlled commission: The governor is responsible for appointing a majority of the judicial nominating commission that sends the governor a list of nominees they must choose from.
    • Hybrid commission: The judicial nominating commission has no majority of members chosen by either the governor or the state bar association. These commissions determine membership in a variety of ways, but no institution or organization has a clear majority control.

Direct appointment

Click a state on the map below to explore judicial selection processes in that state.
http://ballotpedia.org/Judicial_selection_in_STATE


See also

State courts Appointment methods Election methods
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State supreme courts
Intermediate appellate courts
Trial courts
Assisted appointment
Court appointment
Gubernatorial appointment
Legislative election
Municipal government selection
Partisan election
Nonpartisan election
Michigan method


External links

Footnotes

  1. 1.0 1.1 1.2 1.3 1.4 1.5 Indiana Judicial Branch, "Judicial Nominating Commission Fact Sheet," accessed April 11, 2025
  2. As of October 2021, this provision had never been invoked.
  3. 3.0 3.1 American Bar Association, "Judicial Selection: The Process of Choosing Judges," June 2008 Cite error: Invalid <ref> tag; name "ambaroverview" defined multiple times with different content
  4. As of June 2021, Oklahoma had two state supreme courts: one for civil matters and one for criminal matters.
  5. North Dakota uses this method only for vacancies.