Indiana Court of Appeals

Court information
Judges: |  15
Founded: |  1891
Location: |  Indianapolis, Indiana
Salary: |  [1]
Judicial selection
Method: |  Assisted appointment
Term: |  10 years
Published opinions

The Indiana Court of Appeals is the intermediate appellate court of Indiana. The court was originally founded in 1891. Its current structure was created by state constitutional amendment in 1970.[2] Fifteen judges make up the court, and they hear cases in panels of three.

## Contents

* 1 Jurisdiction
* 2 Case hearings
* 3 Judges
* 4 Judicial selection
* 4.1 Districts
* 4.2 Retention following appointment
* 4.3 Selection of the chief judge
* 4.4 Qualifications
* 5 Elections
* 5.1 2020
* 5.1.1 Judges with expiring terms
* 5.2 2018
* 5.2.1 Judges with expiring terms
* 5.2.1.1 Second District
* 5.3 2016
* 5.3.1 Judges who faced retention
* 5.3.1.1 First District
* 5.3.1.2 Second District
* 5.3.1.3 Third District
* 5.3.1.4 Fourth District
* 5.3.2 Election results
* 5.4 2014
* 5.5 2012
* 6 Ethics
* 6.1 Removal of judges
* 7 History of the court
* 8 State profile
* 8.1 Presidential voting pattern
* 8.1.1 Pivot Counties (2016)
* 8.1.2 Pivot Counties (2020)
* 9 Recent news
* 10 See also
* 11 External links
* 12 Footnotes

### Jurisdiction[edit]

The court hears civil appeals from Indiana's trials courts and a number of state agencies as well as most criminal appeals.

However, exclusive jurisdiction over some cases is reserved for the Indiana Supreme Court or the Indiana Tax Court, and the court of appeals does not hear those cases. The Indiana Supreme Court has exclusive jurisdiction over criminal appeals involving the death penalty, sentences of life without parole, or sentences of more than 50 years; statutes that have been held unconstitutional by an Indiana trial court; waiver of parental consent to abortion; mandate of funds; and disciplinary actions against state-licensed attorneys. The Indiana Tax Court has exclusive jurisdiction over appeals involving taxation.[2][3][4]

### Case hearings[edit]

Cases on appeal are assigned at random to a three-judge panel. The three judges in these panels preside over cases together for a term of four months and then rotate three times per year to ensure that each member of the Indiana Court of Appeals will hear a case with every other member for four out of every 30 months.

There is no process for en banc hearing; that is, the disposition of cases by three-judge panels is final, and no case is brought before all 15 judges together.[3][5]

## Judges[edit]

Judges of the Indiana Court of Appeals, July 2016

Judge | Tenure | Appointed By

|
|

Rudolph Pyle III

August 7, 2012 - Present

Mitch Daniels

Patricia A. Riley

January 1, 1994 - Present

Evan Bayh

Melissa May

April 9, 1998 - Present

Gov. Frank O'Bannon (D)

Robert R. Altice Jr.

August 31, 2015 - Present

Mike Pence

Derek Molter

October 1, 2021 - Present

Eric Holcomb

Cale Bradford

August 1, 2007 - Present

Mitch Daniels

Nancy Vaidik

February 7, 2000 - Present

Gov. Frank O'Bannon (D)

Elaine Brown

May 5, 2008 - Present

Mitch Daniels

Margret Robb

July 6, 1998 - Present

Gov. Frank O'Bannon (D)

Edward Najam

December 30, 1992 - Present

Evan Bayh

Mark Bailey

January 30, 1998 - Present

Gov. Frank O'Bannon (D)

Leanna Weissmann

2020 - Present

Eric Holcomb

Elizabeth Tavitas

July 19, 2018 - Present

Eric Holcomb

Paul Mathias

March 30, 2000 - Present

Gov. Frank O'Bannon (D)

Terry Crone

March 8, 2004 - Present

Gov. Joe Kernan (D)

## Judicial selection[edit]

When a vacancy occurs on the Indiana Court of Appeals, the Commission on Judicial Qualifications provides the names of three nominees to the governor, who must then select a judge from that list.[6][7]

### Districts[edit]

The 15 judges of the court are selected from five districts. The 1st, 2nd, and 3rd Districts each encompass a number of counties within the state.

* Three judges are chosen from the 1st District (southern counties) and stand for retention by only the voters of that district.
* Three judges are chosen from the 2nd District (middle counties) and stand for retention by only the voters of that district.
* Three judges are chosen from the 3rd District (northern counties) and stand for retention by only the voters of that district;

Districts 4 and 5 were created later in order to add new judges to the court.

Like the 1st, 2nd, and 3rd Districts, the 4th and 5th Districts have three judges each; unlike the 1st, 2nd, and 3rd, the 4th and 5th Districts encompass the whole state. Voters across the entire state vote on the retention of judges from these two districts.

* The 4th District was created in 1978 and is made up of one judge from each of the first original three districts, voted upon by voters statewide.
* The 5th District was created in 1991 and is also made up of one judge from each of the first original three districts, voted upon by voters statewide.[8]

### Retention following appointment[edit]

Each newly appointed judge serves for two years and then must stand in a yes-no retention election held during the next statewide general election. In a retention election, voters answer yes or no to the question of whether a particular judge should spend another term on the court, without reference to political party. If retained, judges serve 10-year terms.[6] Judges from the 1st, 2nd and 3rd Districts are voted upon only by the voters in their own districts. The judges representing the 4th and 5th Districts are voted upon by all the voters in the state.[6]

Judges may stand for retention to new 10-year terms thereafter, until the mandatory retirement age.

### Selection of the chief judge[edit]

The chief judge of the Indiana Court of Appeals is selected by a peer vote. He or she then serves for a term of three years and may be reappointed "in the same manner."[6][9]

### Qualifications[edit]

To serve on the Indiana Court of Appeals, a judge must be:

* a U.S. citizen;
* a state resident;
* admitted to practice law in the state for at least 10 years or have served as a trial court judge for at least five years; and
* under the age of 75 (retirement at 75 is mandatory).[6]

Judges wishing to serve after reaching the retirement age may apply for senior judge status. Senior judges may serve as substitute judges who sit in place of trial judges or appeals court judges who must recuse themselves or who otherwise cannot sit on a particular case. Senior judges may also serve as judges alongside trial judges or in an oversight capacity.[10][11]

## Elections[edit]

### 2020[edit]

See also: Indiana intermediate appellate court elections, 2020

#### Judges with expiring terms[edit]

This is a list of the justices who had to stand for retention election in 2020 in order to remain on the bench. Justices could choose not to stand for election.

■ Mark Bailey
■ Cale Bradford
■ Elaine Brown
■ Melissa May
■ Margret Robb
■ Elizabeth Tavitas

### 2018[edit]

See also: Indiana intermediate appellate court elections, 2018

#### Judges with expiring terms[edit]

This is a list of the judges who had to stand for retention in 2018 in order to remain on the bench. Judges may choose not to stand for retention or may retire. In retention elections, a judge stands for a "yes" or "no" vote; no challengers may run in the elections.

##### Second District[edit]

■ Robert R. Altice Jr.

### 2016[edit]

#### Judges who faced retention[edit]

##### First District[edit]

■ Edward Najam

##### Second District[edit]

■ James Kirsch

##### Third District[edit]

■ Terry Crone

##### Fourth District[edit]

■ Patricia A. Riley

#### Election results[edit]

Edward Najam was retained in the Indiana Court of Appeals, First District election with 70.21% of the vote. Indiana Court of Appeals, First District, 2016

Name | Yes votes
Edward Najam| 70.21%
Source: Indiana Secretary of State Official Results
James Kirsch was retained in the Indiana Court of Appeals, Second District election with 74.56% of the vote. Indiana Court of Appeals, Second District, 2016

Name | Yes votes
James Kirsch| 74.56%
Source: Indiana Secretary of State Official Results
Terry Crone was retained in the Indiana Court of Appeals, Third District election with 72.00% of the vote. Indiana Court of Appeals, Third District, 2016

Name | Yes votes
Terry Crone| 72.00%
Source: Indiana Secretary of State Official Results
Patricia A. Riley was retained in the Indiana Court of Appeals, Fourth District election with 75.31% of the vote. Indiana Court of Appeals, Fourth District, 2016

Name | Yes votes
Patricia A. Riley| 75.31%
Source: Indiana Secretary of State Official Results

### 2014[edit]

RetentionJudge| Election Vote

|

Pyle IIIRudolph Pyle III| 67.1% A

See also: Indiana judicial elections, 2014

### 2012[edit]

| Judge| Incumbency| Retention vote| Retention Vote %

|
|
|

BakerJohn Baker (Indiana) A| Yes| Yes| 72%A
BarnesMichael Barnes A| Yes| Yes| 73.3%A
VaidikNancy Vaidik A| Yes| Yes| 73.7%A
MathiasPaul Mathias A| Yes| Yes| 73.8%A

See also: Indiana judicial elections, 2012

## Ethics[edit]

The Indiana Code of Judicial Conduct sets forth ethical guidelines and principles for the conduct of judges and judicial candidates in Indiana. It consists of four overarching canons:

“  |

* Canon 1: A judge shall uphold and promote the independence, integrity, and impartiality of the judiciary, and shall avoid impropriety and the appearance of impropriety.
* Canon 2: A judge shall perform the duties of judicial office impartially, competently, and diligently.
* Canon 3: A judge shall conduct the judge’s personal and extrajudicial activities to minimize the risk of conflict with the obligations of judicial office.
* Canon 4: A judge or candidate for judicial office shall not engage in political or campaign activity that is inconsistent with the independence, integrity, or impartiality of the judiciary.[12][13]

|  ”

|
|

The full text of the Indiana Code of Judicial Conduct can be found here.

### Removal of judges[edit]

Judges in Indiana may be removed in one of three ways:

* By a recommendation of the Commission on Judicial Qualifications to the Indiana Supreme Court, which may then suspend, retire, discipline, or remove a judge.
* By an impeachment of the judge by a vote of the Indiana House of Representatives and a conviction by the members of the Indiana State Senate.
* By a joint resolution (a vote of two-thirds of the members) of both the Indiana House of Representatives and the Indiana State Senate.[14]

In addition, a judge may fail to be retained by voters when he or she is up for election.

## History of the court[edit]

The Indiana Appellate Court, predecessor court to the Indiana Court of Appeals, was created by the Indiana General Assembly by statute in 1891. It was originally created to be a temporary appellate court to handle overflow cases from the Indiana Supreme Court. The Indiana Appellate Court was not intended to be a permanent institution; the original statute specified a term of existence of six years. But in 1897, the Indiana General Assembly voted to keep the court for another four years due to the Indiana Supreme Court's increasing caseload. The court was then made permanent in 1901. It was at this point that the court began its function as an intermediate appellate court.[2]

In 1970, the Indiana State Constitution was amended to create the current Indiana Court of Appeals. The court began hearing cases on January 1, 1972.[2]

The court was originally created with nine judges: one three-judge panel representing each of three districts. The court was later expanded to 15 judges representing five districts.[8]

## State profile[edit]

Demographic data for Indiana

| Indiana| U.S.
Total population:| 6,612,768| 316,515,021
Land area (sq mi):| 35,826| 3,531,905
Race and ethnicity**
White:| 84.2%| 73.6%
Black/African American:| 9.2%| 12.6%
Asian:| 1.9%| 5.1%
Native American:| 0.2%| 0.8%
Pacific Islander:| 0%| 0.2%
Two or more:| 2.2%| 3%
Hispanic/Latino:| 6.4%| 17.1%
Education
High school graduation rate:| 87.8%| 86.7%
College graduation rate:| 24.1%| 29.8%
Income
Median household income:| $49,255| $53,889
Persons below poverty level:| 18.4%| 11.3%
Source: U.S. Census Bureau, "American Community Survey" (5-year estimates 2010-2015)
Click here for more information on the 2020 census and here for more on its impact on the redistricting process in Indiana.

* * *

**Note: Percentages for race and ethnicity may add up to more than 100 percent because respondents may report more than one race and the Hispanic/Latino ethnicity may be selected in conjunction with any race. Read more about race and ethnicity in the census here.

### Presidential voting pattern[edit]

See also: Presidential voting trends in Indiana

Indiana voted Republican in four out of the five presidential elections between 2000 and 2016.

#### Pivot Counties (2016)

Ballotpedia identified 206 counties that voted for Donald Trump (R) in 2016 after voting for Barack Obama (D) in 2008 and 2012. Collectively, Trump won these Pivot Counties by more than 580,000 votes. Of these 206 counties, five are located in Indiana, accounting for 2.43 percent of the total pivot counties.[15]

#### Pivot Counties (2020)

In 2020, Ballotpedia re-examined the 206 Pivot Counties to view their voting patterns following that year's presidential election. Ballotpedia defined those won by Trump won as Retained Pivot Counties and those won by Joe Biden (D) as Boomerang Pivot Counties. Nationwide, there were 181 Retained Pivot Counties and 25 Boomerang Pivot Counties. Indiana had five Retained Pivot Counties, 2.76 percent of all Retained Pivot Counties.

More Indiana coverage on Ballotpedia

* Elections in Indiana
* United States congressional delegations from Indiana
* Public policy in Indiana
* Influencers in Indiana
* Indiana fact checks
* More...

## Recent news[edit]

The link below is to the most recent stories in a Google news search for the terms Indiana Court Appeals. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.

Indiana Court of Appeals - Google News

## See also[edit]

Indiana | Judicial Selection | More Courts

|
|

Courts in Indiana Indiana Court of Appeals Indiana Supreme Court |  Elections: 2021 • 2020 • 2019 • 2018 • 2017 Gubernatorial appointments Judicial selection in Indiana |  Federal courts State courts Local courts

## External links[edit]

* Indiana Court of Appeals
* Judges of the Indiana Court of Appeals
* Indiana Court of Appeals Districts
* Indiana Commission on Judicial Qualifications

## Footnotes[edit]

1. ↑ This may vary for the chief judge.
2. ↑ 2.0 2.1 2.2 2.3 Indiana Judicial Branch: Court of Appeals of Indiana, "History & Origins," accessed May 25, 2015
3. ↑ 3.0 3.1 Indiana Judicial Branch: Court of Appeals of Indiana, "About the Court," accessed May 25, 2015
4. ↑ Indiana Judicial Branch: Supreme Court, "About the Court: Appellate Process," accessed July 22, 2016
5. ↑ Indiana Judicial Branch: Court of Appeals of Indiana, "About the Three-Judge Panel in the Indiana Court of Appeals," accessed May 25, 2015
6. ↑ 6.0 6.1 6.2 6.3 6.4 National Center for State Courts, "Methods of Judicial Selection: Indiana," accessed July 22, 2016
7. ↑ Indiana Courts, "About the Commissions," accessed August 25, 2014
8. ↑ 8.0 8.1 Indiana Judicial Branch: Court of Appeals of Indiana, "Court of Appeals Districts," accessed May 25, 2015
9. ↑ Indiana General Assembly, "Indiana Code 33-25-3-1," accessed July 29, 2016
10. ↑ Indiana Courts, "Application for Certification as a Senior Judge," 2012
11. ↑ Indiana Judicial Branch, "Senior Judges," accessed November 30, 2016
12. ↑ Indiana.gov, "Indiana Code of Judicial Conduct," accessed May 25, 2015
13. ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
14. ↑ National Center For State Courts, "Methods of Judicial Selection: Removal of Judges," accessed May 9, 2015
15. ↑ The raw data for this study was provided by Dave Leip of Atlas of U.S. Presidential Elections.

Indiana courts

* * *

Federal courts:

Seventh Circuit Court of Appeals • U.S. District Court: Northern District of Indiana, Southern District of Indiana • U.S. Bankruptcy Court: Northern District of Indiana, Southern District of Indiana

State courts:

Indiana Supreme Court • Indiana Court of Appeals • Indiana Superior Courts • Indiana Circuit Courts • Indiana Small Claims Courts • St. Joseph County Probate Court, Indiana • Indiana Tax Court • Indiana Municipal Courts

State resources:

Courts in Indiana • Indiana judicial elections • Judicial selection in Indiana

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