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Wednesday, November 07, 2012

Ind. Courts - When will Justice Rush be on the ballot for retention?

The Indiana Constitution provides in part at Art. 7, Sec. 11:

Section 11. Tenure of Justices of Supreme Court and Judges of the Court of Appeals.

A justice of the Supreme Court or Judge of the Court of Appeals shall serve until the next general election following the expiration of two years from the date of appointment, and subject to approval or rejection by the electorate, shall continue to serve for terms of ten years, so long as he retains his office.

Here is the sequence:Or is the "date of appointment" the date she was named to the Court by the Governor? See Art. 7, Section 10:
Section 10. Selection of Justices of the Supreme Court and Judges of the Court of Appeals.

A vacancy in a judicial office in the Supreme Court or Court of Appeals shall be filled by the Governor, without regard to political affiliation, from a list of three nominees presented to him by the judicial nominating commission. If the Governor shall fail to make an appointment from the list within sixty days from the day it is presented to him, the appointment shall be made by the Chief Justice or the acting Chief Justice from the same list.

The ILB is asking because of this note received this morning from a reader, which assumes the former, and writes:
A question.

Justice Rush joins the court in a private ceremony today, Nov. 7. She is then up for retention at the first election two years after her taking her seat. Does the date someone chose to seat her automatically give her a four year term before standing for her first retention vote? The 2014 election date will be Nov. 4. The 2016 election day is Nov. 8.

Nice timing and calendar reading by someone at the Supremes.

[More] From Wikipedia:
Election Day in the United States is the day set by law for the general elections of public officials. It occurs on the Tuesday after the first Monday in November. The earliest possible date is November 2 and the latest possible date is November 8.

Posted by Marcia Oddi on November 7, 2012 12:28 PM
Posted to Indiana Courts