Judge Altice elevated to Indiana Court of Appeals: How is his replacement selected?

Governor Pence will appoint his replacement. There is more than a month to name his successor before Judge Altice will likely take the bench at the Court of Appeals.

Applications will be requested here: https://secure.in.gov/gov/2330.htm Here’s the governing law:

Ind. Const. art. 5 § 18.  When, during a recess of the General Assembly, a vacancy shall happen in any office, the appointment to which is vested in the General Assembly; or when, at any time, a vacancy shall have occurred in any other State office, or in the office of Judge of any Court; the Governor shall fill such vacancy, by appointment, which shall expire, when a successor shall have been elected and qualified. http://www.law.indiana.edu/uslawdocs/inconst/art-5.html#sec-18

Ind. Code § 33-33-49-30(d). When a vacancy occurs in the court by death, removal, retirement, or for any other reason, the governor shall appoint a successor judge who serves the balance of the term of the vacating judge. The successor judge must be a member of the same political party as the judge who is to be succeeded. https://iga.in.gov/documents/f5d4a3c6

This is similar to the process for replacing other officers, including the Secretary of State a few years ago with the unsavory departure of Charlie White. The governor takes applications, he and his staff review them, and the governor appoints the successor.

That code section applies only to Marion County, so there is a different statutory provision for filling judicial vacancies in all ninety-two counties. I imagine but do not know that Judge Altice’s transition will be handled very similarly to the replacement of any other judge on the Marion Superior Court. This past round of elections should give us a good idea of what that will look like. The biggest difference is that there may be a gap between judges while Governor Pence makes the selection.

There was about three months between the announcement of Chief Justice Rush’s appointment and the swearing in of her replacement on the Tippecanoe Superior Court, Judge Faith Graham, who was a magistrate at the time. But she was appointed after Frank Sullivan had already stepped down. Judge Friedlander has announce his last day will be August 31.

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