Montgomery County Circuit Court, Indiana

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The Montgomery County Circuit Court resides in Indiana. Click on the links below to learn more about the court's...

* Jurisdiction
* Selection method

## Contents

* 1 Jurisdiction
* 2 Selection method
* 2.1 Judicial elections in Indiana
* 2.2 Primary election
* 2.3 General election
* 2.4 Unopposed candidates
* 3 See also
* 4 External links
* 5 Footnotes

## Jurisdiction[edit]

This court holds the following jurisdiction:[1]

“  | Sec. 2. (a) All circuit courts have:

(1) original and concurrent jurisdiction in all civil cases and in all criminal cases;
(2) original and concurrent jurisdiction with the superior courts in all user fee cases;
(3) de novo appellate jurisdiction of appeals from city and town courts; and
(4) in Marion County, de novo appellate jurisdiction of appeals from township small claims courts established under IC 33-34.
(b) The circuit court also has the appellate jurisdiction that may be conferred by law upon it.[2]

| ”

|
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## Selection method[edit]

See also: Judicial selection in the states

See also: Partisan election of judges

The 102 judges of the Indiana Circuit Courts are elected in partisan elections to six-year terms, after which they must run for re-election if they wish to serve additional terms.[3]

Circuit court judges in Vanderburgh County are chosen in nonpartisan elections.[3]

Qualifications
Though some counties have imposed additional qualifications, a judge serving on these courts must at least be:[3]

* a circuit resident and
* admitted to practice law in the state.

### Judicial elections in Indiana[edit]

See also: Indiana judicial elections

Indiana is one of five states that uses nonpartisan elections, partisan elections, and retention elections to determine whether judges should remain on the bench, depending on the court. To read more about how states use judicial elections to select judges across the country, click here.

### Primary election[edit]

In the primary, most candidates for the trial courts compete in partisan elections.

Exceptions are:

* Circuit court candidates in Vanderburgh County run in nonpartisan elections.
* Superior court candidates in Allen and Vanderburgh counties compete in nonpartisan elections.
* Judges in Lake and St. Joseph counties are appointed by the Governor and stand for retention two years into service and at the end of subsequent terms.[4]
* When a superior court vacancy occurs in Marion County, candidates are reviewed by a 14-member judicial selection committee, which sends the names of three nominees to the governor. The governor must appoint one of the nominees as judge within 60 days. At the end of a judge's term on the court, the question of the judge's retention may be placed on the general election ballot. Before a judge can stand for retention, the judge must appear before the committee to allow the committee to issue a recommendation to voters regarding the judge's suitability to continue to hold office.[5]

### General election[edit]

Superior court judges in Lake and St. Joseph Counties stand for retention. All other trial court judges compete in contested races.[4][6]

If a vacancy occurs mid-term on the Indiana Supreme Court or Indiana Court of Appeals, the governor makes an appointment from names supplied by the judicial nominating commission. Vacancies on the circuit and superior courts are filled by direct governor appointment. Appointed judges must then run in the next general election, or the next general election after two years in office for supreme and appellate appointees.[6]

### Unopposed candidates[edit]

If there is no contest for a judicial seat in either the primary or general election, the candidates for that seat are not placed on the primary ballot. Candidates who are unopposed in the primary, however, must still appear on the primary ballot if there is any opposition for the seat by any other party.[7]

## See also[edit]

Local Courts

* Trial courts and judges
* Local court elections
* Ballotpedia's coverage scope

Other Indiana Courts

* Indiana federal courts
* Courts in Indiana
* Judicial selection in Indiana
* Judicial selection in the states

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## External links[edit]

* Search Google News for this topic
* Indiana courts

## Footnotes[edit]

1. ↑ 2022 Indiana Code, "Title 33. Courts and Court Officers Article 28. Circuit Courts Chapter 1. Jurisdiction, Duties, and Powers 33-28-1-2. Jurisdiction," accessed May 11, 2023
2. ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
3. ↑ 3.0 3.1 3.2 American Judicature Society, "Methods of Judicial Selection: Indiana," archived October 2, 2014
4. ↑ 4.0 4.1 American Judicature Society, "Judicial Selection in the States: Indiana," accessed August 29, 2017
5. ↑ Indiana General Assembly, "House Bill 1036," accessed January 5, 2018
6. ↑ 6.0 6.1 American Judicature Society, "Methods of Judicial Selection: Indiana," archived October 2, 2014
7. ↑ Indiana General Assembly, "Indiana Code, Title 3, Article 10, Chapter 1, Section 5(a)," accessed March 21, 2014

Indiana courts

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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 Tax Court • Indiana Superior Courts • Indiana Circuit Courts • Indiana City Courts • Indiana County Courts • Indiana Municipal Courts • Indiana Small Claims Courts • St. Joseph County Probate Court • Indiana Town Courts

State resources:

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

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