Justice election legislation bogs down-WEB ONLY

Legislation aimed at changing how Indiana Supreme Court justices are chosen hasn’t gotten enough support to make it out of committee for now, receiving a split vote from lawmakers today that means it won’t be going to the full House for consideration.

The Government and Regulatory Reform Committee added to its agenda this morning House Joint Resolution 9, which would amend the state’s Constitution to require that justices be elected instead of being chosen based on merit and later retained by voters.

Rep. Craig Fry (D-Mishawka) proposed the resolution in January to put the makeup of the high court in the public’s hands and provide more accountability.

Currently, the seven-member Indiana Judicial Nominating Commission chooses state appellate judges through a merit-selection process and submits finalists’ names to the governor, who makes the final decision. Voters cast ballots periodically after that to retain or remove judges. The system has been in place since 1971.

As detailed in the resolution, the General Assembly would divide Indiana into three districts, with one justice being elected by voters in each of those jurisdictions and two justices being chosen by all voters statewide.

Fry’s measure was originally referred to the Committee on Courts and Criminal Code, but was reassigned to the reform committee on Thursday and added to the agenda this week.

But, by a 5-5 vote, the legislative committee has voted not to send the measure to the full House at this point. Two members were absent and didn’t vote. At least two others who voted for the measure said they weren’t opposed to merit selection and might vote against HJR9 on the floor. The deadline for committee action is Thursday.

Since it’s a constitutional amendment, HJR9 would have to be voted on in two consecutive General Assembly sessions and then ratified by a majority of state voters before it would become law.