ISBA to advocate against Senate Joint Resolution 16
Wednesday, January 27, 2021
Members:
Your Indiana State Bar Association is always monitoring and responding to issues that impact the legal profession. While most of this work is conducted by our sections and committees, occasionally an issue arises that impacts our membership as a whole.
Senate Joint Resolution 16 is one of these issues. The resolution would alter the process of how appellate level judges are appointed in Indiana, including the removal of lawyers from the nominations committee (in favor of Senate and House appointees) and a requirement of any nominee to go before Indiana’s legislative body for a confirmation hearing. In addition, it would remove the process that allows Indiana citizens to vote on judicial retention.
The ISBA executive committee and legislative counsel Paje Felts met to analyze the legislation and consider its impacts. We also consulted with ISBA's Appellate Practice Section to hear its concerns and reasons why it opposes the bill.
We have concluded that the legislation would politicize our appellate judicial positions and threaten judicial independence. For that reason, the ISBA intends to advocate against this legislation.
We encourage you to review the legislation for yourself. If you feel the same, please reach out to your local legislator to let them know your concerns.
Be aware that a joint resolution is a bit different than your standard Senate or House bills. Joint resolutions must pass in two legislative sessions, with an election between the sessions. Following the second legislative passage, it must be approved by Indiana voters. While this extends the timeline of the legislation, we still must work hard to help legislators understand why politicizing judicial positions is not in the best interest of Indiana residents.
Thank you,
Michael E. Tolbert
ISBA President
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