Ind. Marion Cnty. Admin. Local Rule LR49-AR00-300

A. Creation. An Executive Committee comprised of four judges: one Presiding Judge and

three Associate Presiding Judges, shall exercise the power of the Court. The Executive

Committee shall be elected to a two-year term of office by a two-thirds (2/3) vote of the total

number of judges sitting on the Court. No more than two members of the Executive Committee

may be members of the same political party.

B. Qualifications. The candidates for the Executive Committee should possess

management, administrative and leadership skills, and a capacity to work effectively with other

branches of government.

C. Election. The Court shall hold an election on the second Thursday of November in even

numbered years for a term beginning January 1 of the following year. Election shall be held by

secret ballot.

1. Statement of Candidacy. Any qualified judge wishing to be a candidate for the

Executive Committee must notify the Executive Committee in writing not less than 30 days prior

to the election. The Executive Committee shall be responsible for adopting and distributing

Statement of Candidacy forms. Nominations from the floor will not be accepted unless there are

an insufficient number of qualified candidates on the date of the election.

2. Election. The election shall be held at a time and place to be announced by the

Executive Committee. The Court Administrator shall serve as clerk of the election (hereinafter

"Clerk"). The Clerk shall prepare ballots listing in alphabetical order the name and political

party of each candidate for the Executive Committee. Each judge eligible to vote shall receive a

ballot. Each judge shall vote in person or by absentee ballot for four candidates, no more than

two of whom are members of the same political party. Any ballot, which is cast for more than

four candidates or more than two candidates from the same party, shall be void and not counted.

A qualified judge may vote by absentee ballot on the form provided by the Executive

Committee not less than three days prior to the election in the Court Administrator’s office. An

absentee ballot is only valid for the first ballot.

3. Process. The Executive Committee shall be elected in the following manner:

On the first ballot, each judge shall cast a ballot for four candidates no more than two of whom

are members of the same political party. Any ballot cast with less than four candidates marked

will not be counted.

On a second and subsequent ballot, each judge shall cast a ballot for the total number of

vacancies remaining on the Executive Committee after the previous ballot but in no event shall

the Executive Committee have more than two members of the same political party.

1 Revised 12/04/2000

If, on the first ballot, four candidates receive a two-thirds (2/3) vote of the total number of judges

eligible to vote, and no more than two are from the same political party they will comprise the

Executive Committee.

If fewer than four judges receive a two-thirds (2/3) vote on the first ballot, then that judge or

those judges receiving a two-thirds (2/3) vote, shall be members of the Executive Committee and

other ballots shall be taken to fill the vacancy on the Executive Committee.

If a second ballot is required to complete the Executive Committee because fewer than four

judges received a two-thirds (2/3) vote, all subsequent ballots shall be determined by a two-thirds

(2/3) vote of eligible judges voting in person at the time of the subsequent ballot.

If fewer than the candidates necessary to complete the Executive Committee receive a two-thirds

(2/3) vote of those voting, then subsequent ballots shall be taken at which time the judge with the

lowest number of votes on the previous ballot shall be dropped from the ballot and a vote taken

until the Executive Committee is selected.

4. Results. The Clerk shall count the ballots and announce the vote totals. The ballots shall

be retained by the Clerk for 60 days after the election and then destroyed.

5. Term. Members of the Executive Committee shall be elected to serve a two-year term

and shall not be prohibited from serving additional terms.

6. Presiding Judge. The Presiding Judge of the Executive Committee shall be elected from

the four members of the Executive Committee by a majority vote of the total number of judges

present and eligible to vote. The remaining three members of the Executive Committee shall

serve as Associate Presiding Judges.

7. Executive Committee Vacancy. Any vacancy created during the two-year term of the

Executive Committee shall be filled in the following manner:

A vote to fill the position for the remainder of the term shall be taken within 30 days after the

vacancy is created.

The Presiding Judge of the Executive Committee shall set a date for the election to fill the vacant

position of the Executive Committee.

Any qualified judge wishing to be a candidate for the vacancy on the Executive Committee must

notify the Executive Committee in writing not less than ten days prior to the election. A

qualified judge shall be a judge from the same political party as the judge whose position on the

Executive Committee is being filled.

The Court Administrator shall serve as the Clerk of the election, and shall prepare ballots listing

in alphabetical order the name and political party of each candidate for the vacancy of the

Executive Committee.

1 Revised 12/04/2000

The election to fill a vacancy on the Executive Committee shall be filled by a vote as set out in

LR49-AR00-300(C).

A judge who is elected to fill a vacancy shall serve the remainder of the term of the judge he or

she is replacing.

If the vacancy is the position of Presiding Judge, when the vacancy is filled, a second ballot shall

be taken with respect to the four judges comprising the Executive Committee, and the judge

receiving the most votes shall become the Presiding Judge.

If the vacancy is not the position of Presiding Judge, the Presiding Judge shall continue to serve

in that capacity until the end of his or her term.

If the vacancy that occurs is not the position of the Presiding Judge, the Presiding Judge shall set

the date for the election and send notice to all superior court judges. The date of the election

shall not be less than 30 days from the date when notice is issued.

If the vacancy that occurs is the position of Presiding Judge, the three Associate Presiding Judges

shall determine the date of the election and shall serve notice in accordance with paragraph i.

Any qualified judge who wishes to run for a position on the Executive Committee shall send

written notice to the Court Administrator not less than ten days prior to the scheduled election.

Any notice received after the tenth day preceding the election shall be void and the judge’s name

shall not be added to the ballot.

D. Authority. The Executive Committee is responsible for the operation and conduct of the

Court. Each member of the Executive Committee shall have an equal vote in all matters

pertaining to the operation of the Court. In the event of a tie, the Presiding Judge’s vote shall be

the tiebreaking vote. Beginning with the election of the Executive Committee in 2007, no

Presiding Judge may be elected from the same political party as the Presiding Judge who served

the previous term. Action may be taken upon a majority vote of the Executive Committee,

except for the reassignment of a judge to a different courtroom which shall require a unanimous

vote.

E. Duties. The Executive Committee shall have the following duties, which are subject to

the review process as outlined in LR49-AR00-300(F):

1. Initiate policy concerning the Court's internal operations and its position on external

matters affecting the Court;

2. Represent the Court in its relations with other agencies of government, the bar, the

general public, the news media, and in ceremonial functions;

1 Revised 12/04/2000

3. Counsel and assist other judges in the performance of their responsibilities in the

administration of the Court;

4. Assign judges and judicial officers in the interest of speedy, economical and uniform

disposition of cases;

5. Establish policies concerning such matters as personnel management, case

flow management, and other areas of concern that effect the management of the Court.

6. Be responsible for the fiscal operations of the Court;

7. Appoint a magistrate under Ind. Code § 33-4-7;

8. Appoint the Court Administrator and the Chief Probation Officer; and other personnel

necessary to maintain the efficient operation of the Court;

9. Review and take any action necessary concerning the performance of the Court

Administrator and the Court Services Agency; and

10. Report all actions and proposed actions to the General Term through minutes or

otherwise.

F. Review. With the exception of subsections (1) and (2) below, any judge affected by a

decision of the Executive Committee may call for a vote to override the decision, at the first

General Term Meeting following the decision. However, if there are fewer than ten days

between the date of the decision and the next scheduled General Term Meeting, the vote shall be

taken at the second meeting following the announcement of the decision. A decision of the

Executive Committee may be overruled by a two-thirds (2/3) vote of the total number of judges

sitting on the Court. A call to override a decision of the Executive Committee shall be filed in

writing with the Presiding Judge with copy service to all judges sitting on the Marion Superior

Court.

Re-assignment of Judges. Decisions of the Executive Committee, which re-assign a

judge to a different courtroom or a substantially different type of caseload without the written

consent of the affected judge, will not be effective until approved by a two-thirds (2/3) vote of

the total number of judges sitting on the Court.

Staffing. Decisions of the Executive Committee, concerning staffing levels or transfer of

staff employees for the Court without the written consent of the affected judge, will not be

effective until approved by a two-thirds (2/3) vote of the total number of judges sitting on the

Court.

G. Meetings. The Executive Committee shall meet regularly as it deems necessary. The

Presiding Judge shall call and preside over meetings of the Executive Committee and other

meetings of the Court.

H. Committees. The Executive Committee may establish such committees to be appointed

by the Presiding Judge, as may be useful to establish policy and to consult with the Executive

Committee.