Gov. Mike Braun will have greater influence in the process for picking Marion County judges under a Republican-backed bill that is set to become law.
The Indiana General Assembly on Feb. 26 passed House Bill 1033, a judicial reform bill targeting Indianapolis.
While the legislation initially enjoyed bipartisan support, Democrats opposed it after it was amended in the Senate to give the governor more influence over the process for selecting judges in Indianapolis.
It also removes a requirement that diversity be considered in the selection process.
The bill’s critics, which include Democrats, the Indianapolis Bar Association and the Marion County Bar Association, say the move will weaken the independence and diversity that helps define Indiana’s justice system.
Why Marion County is different
Unlike most Indiana counties, judges in Marion County are not elected by voters.
Instead, Marion County has a bipartisan, 14-member Judicial Selection Committee that is responsible for evaluating candidates and submitting three nominees to the governor, who makes the final decision. After being appointed, voters decide every 10 years whether to retain the judge.
Sen. Cyndi Carrasco, a Republican who represents parts of Marion and Johnson counties, authored changes that take away appointments from the Indy Bar Association, the Marion County Bar Association, the Indiana Trial Lawyers Association and the Defense Trial Counsel of Indiana.
In their place, the governor can now appoint two members to the selection committee. The other two will be picked by the chief justice of the Supreme Court. Currently that’s Loretta Rush, who was appointed by Republican Gov. Mitch Daniels in 2012.
Rep. Ed Delaney, a Democrat representing parts of northside Indianapolis, accused Republicans of “rigging” the judicial appointment system. “The governor will now get to pick the people that are sent to the governor,” he said.
Democrats also took issue with Republicans removing a requirement that the selection committee consider whether a candidate “reflects the diversity and makeup of Marion County.”
Carrasco defended the move, saying that the current slate of judges is diverse and pointing out that the selection committee can still consider diversity in the appointment process.
“Nothing in this bill prohibits consideration of diversity,” Carrasco said. “But, folks, let me tell you, I live here in Marion County, and those decisions of the judges — what’s important to me is to make sure we have the best, the brightest and the most talented minds of judges in Marion County to make decisions that are having tremendous impact on our community.”
Marion County Bar Association, a minority-led organization created in 1925, said the bill favors politics over professional expertise.
“Indiana has long valued a merit-based judicial system. Reducing professional bar participation in favor of expanded political influence risks undermining that tradition,” the association told Mirror Indy in an emailed statement.
Katie Jackson-Lindsay, president of the Indianapolis Bar Association, said the changes will result in a more politically driven process.
“That just seems really inappropriate to me,” Jackson-Lindsay told Mirror Indy.
Rep. Danny Lopez, a Republican from Carmel who authored the bill, emphasized that judges in Marion County will continue to be selected through a bipartisan process.
“There is still consensus that has to be built,” Lopez said.
Marion County is not unique in having appointed judges.
Other majority-Democrat counties, including Allen, Lake and St. Joseph’s counties, have a similar committee-based system.
What’s next?
Both the House and Senate approved the bill. It now heads to the governor’s desk.
Mirror Indy, a nonprofit newsroom, is funded through grants and donations from individuals, foundations and organizations.
Peter Blanchard covers local government. Reach him at 317-605-4836 or peter.blanchard@mirrorindy.org. Follow him on X @peterlblanchard.
Republish our articles for free, online or in print, under a Creative Commons license.
