IndianaHB 1033Second Regular Session 124th General Assembly (2026)House

Various judicial matters.

Sponsored By: Danny Lopez (Republican)

Signed by Governor

Summary

Amends the membership of the community corrections advisory board. Defines "full court" as the total of all Marion superior court judges who are appointed and serving as judges. Specifies that if a newly appointed judge is filling a vacancy of a judge whose term ends the same year as the appointment, the newly appointed judge shall serve a term that expires on December 31 of the sixth full year following the appointment. Requires the Marion County judicial selection committee (judicial selection committee) to nominate five candidates to the governor when a judicial vacancy exists and allows the governor to appoint any of the nominated candidates when filling more than one vacancy. Replaces the term "presiding judge" with "chief judge" within the Marion County superior court. Amends the membership of the judicial selection committee. Prohibits a member of the judicial selection committee who is not an ex officio member to serve consecutive terms and staggers the terms of certain members of the judicial selection committee to begin on July 1, 2026, or July 1, 2028. Requires the judicial selection committee to determine that a judge is suitable to retain judicial office before a judge's request for retention may be placed on the ballot. Establishes a procedure with specific deadlines for a judge who wishes to stand for retention in 2026. Repeals and replaces a provision concerning the procedure to select the Marion County judicial executive committee (executive committee) and certain court provisions. Provides that, for an executive committee starting a term on January 1, 2027, and for the selection of each executive committee thereafter, the full court shall meet not later than November 15 in the final year of the executive committee's term to select the candidates of the next executive committee. Requires a two-thirds vote of the sitting judges who will hold office on January 1 of the next year to select the candidates of the executive committee and requires the chair of the judicial selection committee to approve the members of the executive committee and select one member of the executive committee as the chief judge. Allows the chair of the judicial selection committee to remove a member of the executive committee for cause. Increases the term of an executive committee member of the Marion County judiciary from two years to three years. Specifies which duties are the responsibility of the full court and which are to be determined by a trial judge. Describes the duties and authority of the executive committee. Provides that any action taken by the executive committee may only be overruled by a vote of 85% of the full court sitting at the time the vote is taken. Removes a requirement that the executive committee requires the approval of two-thirds of the judges to determine the number of judicial officers and personnel required to serve the court. Provides that the judge of the circuit court has exclusive authority to appoint commissioners or magistrates allocated to the circuit court. Amends how magistrates and commissioners are appointed. Specifies that the executive committee has final authority for all employment decisions regarding commissioners and magistrates. Repeals a provision that allows the presiding judge to appoint a magistrate and allows the executive committee to appoint 28 magistrates. Requires a voting member of the justice reinvestment advisory council to cast a vote in person. Requires that, in a county having a consolidated city, the chief judge or a judge appointed by the chief judge be the chair of the local justice reinvestment advisory council. Provides that a local or regional advisory council may only take action upon the affirmative vote of the members and a member must cast a vote in person. Makes conforming changes.

courts and criminal codejudiciarythe senate

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Bill Overview

Analyzed Economic Effects

9 provisions identified: 1 benefits, 0 costs, 8 mixed.

More Candidates for Marion Court Vacancies

For each Marion Superior Court vacancy, the selection committee must nominate five candidates to the governor, up from three. The governor has 60 days to appoint a nominee; otherwise, the committee chair makes the appointment. For multiple vacancies within the same political party, the governor may choose among the nominees across those vacancies. No more than 52% of Marion Superior Court judges may belong to one political party. When an appointment fills a vacancy in the year the prior term ends, a special term rule applies: the new term ends December 31 of the sixth full year after appointment.

Indiana Creates State And County Justice Councils

A new state council reviews pretrial services, behavioral health, community corrections, probation, parole, jail conditions, and grant priorities. The chief justice or a designee chairs it, with state agencies, courts, lawmakers, and criminal justice groups represented. It advises on funding and publishes an annual report with the Indiana Criminal Justice Institute; it does not award a household benefit. Each county also has a local council that meets at least quarterly, coordinates crime-reduction strategies, and reports required results. Votes require in-person attendance. Two or more counties may combine councils, and community corrections boards may vote to serve as councils. In a county with a consolidated city, the corrections board includes the chief judge and another criminal judge chosen by that chief judge. The chief judge also appoints a juvenile judge and mental health representative. Counties must establish a corrections board to qualify for financial aid under that program; no aid amount is specified.

Marion Adds Magistrate Capacity With Limits

After December 31, 2025, the executive committee may appoint up to 28 full-time magistrates, up from 27. No more than 14 may belong to one political party. The committee sets staffing levels without the former two-thirds court approval and controls assignments, salaries, and court administration employment. Each judge's judicial assistant remains that judge's official court reporter. The committee and circuit judge divide commissioners and magistrates by agreement, based on caseloads, and appoint those allocated to their courts. No more than a simple majority of appointees under that allocation law may share a party; the circuit judge's two-commissioner minimum is removed. Covered superior court officers serve the whole court, and the committee has final hiring, assignment, review, discipline, and firing authority. Before review, discipline, or firing, it must consult the assigned judge; reviews also require input from sitting judges and staff, with attorney input optional.

Marion Court Committee Gains Operating Control

The executive committee controls court policies, case and courtroom assignments, finances, personnel policies, juvenile detention facilities, and operating hours. It approves senior and temporary judges and must review the county bond schedule at least once each three-year term. Committee actions require a majority, the chief judge breaks ties, and only an 85% full-court vote can overturn an action. Moving a judge to a different caseload requires a committee majority. The committee must consult the circuit judge about hours and closures. Under court rules, transferring a case out of circuit court requires the chief judge's consent; transferring one in requires the circuit judge's consent. The chief judge replaces the presiding judge in that transfer role. Marion Superior Court local rules are invalid when they conflict with the state law governing that court.

Marion Court Leaders Face New Selection Rules

Marion Superior Court's executive committee has four judges, with no more than two from one political party. The first selection occurs in 2026 for three-year terms starting January 1, 2027. Judges serving the following January select candidates by a two-thirds vote. The judicial selection committee chair approves candidates, fills unfilled selections, chooses the chief judge, and may remove members for cause. Vacancies follow the same selection and approval process. Removal by the full court, including removal of the chief judge, requires an 85% vote, up from two-thirds.

Marion Judges Face Changed Review Standards

The selection committee must consider pending or started disciplinary cases when reviewing judicial candidates and judges seeking retention. That information is received in a private session and remains confidential, without public access. The review criteria no longer include whether candidates reflect Marion County's diversity and makeup. Marion Superior Court judges must remain fair and impartial, physically and mentally able to serve, and county residents. The law removes the separate requirement to maintain a high standard of morality in public and private dealings.

Marion Judges Need Approval Before Retention

The selection committee now decides whether Marion Superior Court judges are suitable to stay, rather than simply advising voters. Judges are presumed suitable, but nine committee votes can find a judge unsuitable and block the judge from the retention ballot. Beginning with retention sought in 2027, judges must appear in person and submit a written statement before filing. The committee holds a public hearing, then discusses its decision privately. For 2026 retention, judges must appear in person and submit notice and a statement by March 1, 2026. The committee must complete its hearing and notify the clerk by May 15, 2026; this transition rule expires January 1, 2027. A suitable judge must file a retention statement on time with both the court clerk and secretary of state. Without both filings, the term ends December 31 that year; retained judges receive six-year terms starting the following January 1.

New Rules Shape Marion Judge Selection

Marion County's judicial selection committee has 14 members. Legislative leaders appoint four county residents; the governor and Indiana chief justice each appoint two qualifying county attorneys. Each major party's county chair appoints two members, and two state court leaders serve automatically. Attorney appointees must practice mainly in criminal, juvenile, family, or business and commercial law and remain active and in good standing. Specified current or former Marion court judges, officers, employees, and their close relatives cannot serve, with exceptions for the two automatic court-leader seats. The relative restriction covers court service within the past six years. Appointed members serve four-year terms and may return, but not for consecutive terms. Transition rules end specified terms June 30, 2026, or June 30, 2028, with replacements starting July 1 of those years. Those rules expire July 1, 2028; a limited reappointment exception covers members removed during the transition after serving less than four years.

Retired Judicial Officers Gain Firearm Access

Beginning July 1, 2026, eligible retired judicial officers may possess and use firearms where on-duty law enforcement officers may. State and local government property cannot prohibit their firearm possession. Officers must have retired in good standing and carry a photo retired-officer ID issued by an authorized court. They must also carry proof of training completed within the previous 365 days. Annual training requires at least one hour of in-person live fire with a certified instructor, who provides a completion certificate. The law also extends applicable law-enforcement civil and criminal immunities and defenses to judicial officers and retirees carrying or using firearms under these rules.

Sponsors & Cosponsors

Sponsor

  • Danny Lopez

    Republican • House

Cosponsors

  • Chris Jeter

    Republican • House

  • Cyndi Carrasco

    Republican • Senate

  • Gregory Steuerwald

    Republican • House

Roll Call Votes

All Roll Calls

Yes: 195 • No: 78

House vote • 2/26/2026

House concurred with Senate amendments

Yes: 59 • No: 27

Senate vote • 2/24/2026

Third reading: passed

Yes: 39 • No: 9

Senate vote • 2/23/2026

Amendment #4 (Qaddoura) failed

Yes: 9 • No: 40

House vote • 1/20/2026

Third reading: passed

Yes: 88 • No: 2

Actions Timeline

  1. Public Law 76

    3/4/2026House
  2. Signed by the Governor

    3/4/2026House
  3. Signed by the President of the Senate

    2/27/2026Senate
  4. Signed by the President Pro Tempore

    2/27/2026Senate
  5. House concurred with Senate amendments; Roll Call 389: yeas 59, nays 27

    2/26/2026House
  6. Signed by the Speaker

    2/26/2026House
  7. Motion to concur filed

    2/25/2026House
  8. Representative Garcia Wilburn removed as coauthor

    2/24/2026House
  9. Returned to the House with amendments

    2/24/2026Senate
  10. Third reading: passed; Roll Call 228: yeas 39, nays 9

    2/24/2026Senate
  11. Amendment #9 (Carrasco) prevailed; voice vote

    2/23/2026Senate
  12. Amendment #7 (Taylor G) failed; voice vote

    2/23/2026Senate
  13. Second reading: amended, ordered engrossed

    2/23/2026Senate
  14. Amendment #8 (Taylor G) failed; voice vote

    2/23/2026Senate
  15. Amendment #3 (Qaddoura) failed; voice vote

    2/23/2026Senate
  16. Amendment #4 (Qaddoura) failed; Roll Call 210: yeas 9, nays 40

    2/23/2026Senate
  17. Amendment #5 (Freeman) prevailed; voice vote

    2/23/2026Senate
  18. Committee report: amend do pass, adopted

    2/19/2026Senate
  19. First reading: referred to Committee on Judiciary

    1/26/2026Senate
  20. Referred to the Senate

    1/21/2026House
  21. Senate sponsor: Senator Carrasco

    1/20/2026House
  22. Third reading: passed; Roll Call 52: yeas 88, nays 2

    1/20/2026House
  23. Second reading: ordered engrossed

    1/15/2026House
  24. Representative Garcia Wilburn added as coauthor

    1/13/2026House
  25. Committee report: amend do pass, adopted

    1/12/2026House

Bill Text

  • Engrossed House Bill (H)

  • Enrolled House Bill (H)

  • House Bill (S)

  • Introduced House Bill (H)

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