Marion County judicial selection gets a rewrite

Marion County's process for picking and retaining superior court judges is being substantially restructured under a bill (HB1033) signed by the governor on March 3 as Public Law 76. The measure changes how the county's judicial selection committee operates, requires it to nominate five candidates to the governor when a vacancy opens, and lets the governor pick any nominee when filling more than one seat at a time.

The bill replaces the title "presiding judge" with "chief judge" and reshapes the executive committee that runs court administration. Beginning with terms starting January 1, 2027, the full court must meet by November 15 of each cycle to select the next executive committee, and a two-thirds vote of judges who will hold office the following year is required to choose the slate. Executive committee terms grow from two years to three. Any action the executive committee takes can be overruled only by 85% of the sitting full court.

The bill also requires the judicial selection committee to determine that a sitting judge is suitable for retention before that judge can appear on the retention ballot, and it sets specific deadlines for judges seeking retention in 2026. The executive committee gets final authority over hiring decisions for commissioners and magistrates and the power to appoint 28 magistrates. Members of the justice reinvestment advisory council and local equivalents must now cast votes in person.

Rep. Lopez was primary sponsor. The House passed the bill 88-2 on January 20 and the Senate 39-9 on February 24. The House concurred with Senate amendments 59-27 on February 26.