Indiana Supreme Court justice vacancy (August 2022)
| Indiana Supreme Court |
|---|
 |
| David vacancy |
| Date: August 31, 2022 |
| Status: Seat filled |
| Nomination |
| Nominee: Derek Molter |
| Date: June 10, 2022 |
Indiana Governor Eric Holcomb (R) appointed Derek Molter to the Indiana Supreme Court on June 10, 2022. Molter succeeded Steven David, who retired on August 31, 2022. Molter was Gov. Holcomb's second nominee to the five-member court.
At the time of the vacancy under Indiana law, midterm vacancies were filled through gubernatorial appointment. The Indiana Judicial Nominating Commission would provide the names of three nominees to the governor, who then would select a justice from that list.[1][2]
Ballotpedia has compiled the following resources on the process to fill the Indiana Supreme Court vacancy:
- An overview of the appointee.
- A list of finalists recommended to the governor.
- A list of candidates who applied to the vacancy.
- An overview of the selection process.
- An overview of the court following the vacancy.
- An overview of the justice who left office.
- A list of other state supreme court appointments in 2022.
The appointee
- See also: Derek Molter
Derek Molter was a judge of the Second District of the Indiana Court of Appeals. He assumed office on October 1, 2021.
Molter earned his bachelor’s degree from Indiana University and his J.D. from the Indiana University Maurer School of Law.[3]
Appointee candidates and nominations
Finalists
The Judicial Nominating Commission selected ten finalists for the vacancy on the Indiana Supreme Court:[4]
- William W. Barrett
- Judge Jennifer DeGroote
- Justin Forkner
- Judge Ryan K. Gardner
- Judge Dana J. Kenworthy
- Judge Gretchen S. Lund
- Judge Derek Molter
- Patrick W. Price
- Judge Rudolph Pyle III
- Judge Mark E. Spitzer
The selection process
- See also: Judicial selection in Indiana
The five justices on the Indiana Supreme Court are selected through the assisted appointment method. The Indiana Judicial Nominating Commission is responsible for providing the names of three nominees to the governor, who must then select a justice from that list.[5][2] The commission is made up of six voting members from the three geographic districts covered by the Indiana Court of Appeals. Members include three attorneys, elected by attorneys in their respective geographic districts, and three non-attorneys, appointed by the governor. The chief justice or his or her designee serves as an ex officio member of the commission.[2]
Justices serve at least two years following their initial appointment. They must stand for retention at the first statewide general election to remain in office. If retained, justices serve a ten-year term and must stand for retention every ten years after that point to remain in office.[6]
Qualifications
To serve on this court, a judge must be:
- a U.S. citizen;
- an Indiana resident;
- admitted to practice law in the state for at least 10 years or have served as a trial court judge for at least five years; and
- under the age of 75 (retirement at 75 is mandatory).[5]
Chief Justice
The chief justice is selected by the Indiana Judicial Nominating Commission from the members of the supreme court and serves a five-year term.[2] In the event of a vacancy, the justice with the longest tenure on the supreme court serves as acting chief justice until the nominating commission fills the position.[2]
Vacancies
If a midterm vacancy occurs on the court, the position is filled as it normally would be had the vacancy occurred at the end of a justice's term. The Indiana Judicial Nominating Commission provides the names of three nominees to the governor, who must then select a justice from that list.[5][2] The new appointee serves at least two years following his or her initial appointment and must stand for retention at the first statewide general election to remain in office.[6] The map below highlights how vacancies are filled in state supreme courts across the country.
Makeup of the court
- See also: Indiana Supreme Court
Justices
Following David's retirement, the Indiana Supreme Court included the following members:
| ■ Geoffrey Slaughter | Appointed by Gov. Mike Pence (R) in 2016 | |
| ■ Mark S. Massa | Appointed by Gov. Mitch Daniels (R) in 2012 | |
| ■ Loretta H. Rush | Appointed by Gov. Mitch Daniels (R) in 2012 | |
| ■ Christopher M. Goff | Appointed by Gov. Eric Holcomb (R) in 2017 |
About the court
| Indiana Supreme Court |
|---|
|
| Court Information |
| Justices: 5 |
| Founded: 1816 |
| Location: Indianapolis |
| Salary |
| Associates: $221,024[7] |
| Judicial Selection |
| Method: Assisted appointment (Hybrid) |
| Term: 2 or 10 years[8] |
| Active justices |
| Christopher M. Goff, Mark S. Massa, Derek Molter, Loretta H. Rush, Geoffrey Slaughter |
Founded in 1816, the Indiana Supreme Court is the state's court of last resort and has five judgeships. The current chief of the court is Loretta H. Rush.
As of August 2021, all five judges on the court were appointed by a Republican governor.
The Indiana Supreme Court meets in Room 315 of the Indiana Statehouse in Indianapolis, Indiana.[9]
In Indiana, state supreme court justices are selected through assisted appointment with a hybrid judicial nominating commission. Justices are appointed by the governor with the assistance of a commission who has no majority of members selected either by the governor or the state Bar Association. There are 10 states that use this selection method. To read more about the assisted appointment of judges, click here.
About Justice David
- See also: Steven David (Indiana)
Justice Steven David joined the Indiana Supreme Court in 2010. He was appointed to the court by Governor Mitch Daniels (R).
Before serving on the state supreme court, David served as a circuit court judge in Boone County, Indiana.[10]
David graduated magna cum laude from Murray State University as a Distinguished Military Graduate. He earned a law degree from Indiana University’s Robert H. McKinney School of Law in 1982. He earned degrees from the Indiana Judicial College and the Graduate Program for Indiana Judges.[10]
David served in the United States Army Judge Advocate General's Corps on active duty from 1982 to 1986, and on reserve duty until 2010.[10]
Other state supreme court appointments in 2022
- See also: State supreme court vacancies, 2022
The following table lists vacancies on state supreme courts that opened in 2022. Click the link under the Court column for a particular vacancy for more information on that vacancy.
Click here for vacancies that opened in 2021.
See also
External links
Footnotes
- ↑ National Center for State Courts, "Method of Judicial Selection: Indiana," accessed Aug. 23, 2021
- ↑ 2.0 2.1 2.2 2.3 2.4 2.5 State of Indiana, "Judicial Nominating Commission Fact Sheet," accessed Aug. 23, 2021
- ↑ IN.gov, "Gov. Holcomb Selects Derek Molter to Join Indiana Court of Appeals," August 12, 2021
- ↑ Indiana Judicial Branch, "Commission selects 10 finalists for Supreme Court second interview," March 1, 2022
- ↑ 5.0 5.1 5.2 National Center for State Courts, "Method of Judicial Selection: Indiana," accessed Aug. 23, 2021
- ↑ 6.0 6.1 State of Indiana, "About the Court," accessed Aug. 23, 2021
- ↑ The salary of the chief justice may be higher than an associate justice.
- ↑ Following his or her appointment, judges must stand for retention at the first even-year, statewide general election after he or she has served two full years. Subsequent terms are 10 years.
- ↑ State of Indiana, "Indiana Supreme Court," accessed Aug. 23, 2021
- ↑ 10.0 10.1 10.2 Indiana Supreme Court, "Hon Steven H David," accessed July 19, 2022
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Federal courts:
Seventh Circuit Court of Appeals • U.S. District Court: Northern District of Indiana, Southern District of Indiana • U.S. Bankruptcy Court: Northern District of Indiana, Southern District of Indiana
State courts:
Indiana Supreme Court • Indiana Court of Appeals • Indiana Tax Court • Indiana Superior Courts • Indiana Circuit Courts • Indiana City Courts • Indiana County Courts • Indiana Municipal Courts • Indiana Small Claims Courts • St. Joseph County Probate Court • Indiana Town Courts
State resources:
Courts in Indiana • Indiana judicial elections • Judicial selection in Indiana
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