As Indiana’s judicial retention elections near, and with recent discussions questioning the retention of certain judges based on their rulings in specific cases, nearly 85% of Indiana State Bar Association members voted in favor of retaining all justices and judges on the ballot. This confidence underscores the legal community’s confidence in their service, qualifications, and dedication to the rule of law.

Additionally, ISBA believes judicial independence is a cornerstone of the justice system. It ensures that judges can make decisions based solely on the law and the Constitution, without outside pressures from politics or public opinion. It’s important to remember that judges do not create laws; they interpret and apply them, guided by the Constitution and legal precedent. This independence is fundamental to a fair and impartial legal system, allowing courts to serve as neutral arbiters where justice is delivered without bias.

While it is natural for individuals to have strong reactions to judicial decisions, focusing on one case to determine whether a judge should be retained undermines the very foundation of judicial independence.

Therefore, it is essential that retention decisions reflect a judge’s entire career, not isolated rulings.

Judges are not elected politicians, and their role is fundamentally different. They do not campaign or make promises in exchange for votes. Instead, they are tasked with interpreting the law impartially. Allowing retention elections to become a referendum on one or two high-profile cases threatens to distort the judicial process and compromise the courts’ ability to function independently.

Our system of judicial selection for Indiana’s appellate courts, though not without imperfections, is designed to minimize the influence of partisan politics and special interests. Although appellate judges are ultimately appointed by the Governor, Indiana’s merit-based selection process emphasizes judicial qualifications, experience, and performance. It involves a nonpartisan review process, by a nonpartisan nominating commission, where judges are nominated for their expertise and impartiality, rather than elected through partisan campaigns. By removing political pressures from the selection process, this system helps protect judicial independence, ensuring that judges make decisions based on the law, not on popular opinion or political influence. It’s a safeguard to maintain a fair and unbiased judiciary, where legal rulings are grounded in the law and constitution rather than political or public pressures.

When deciding whether to retain a judge, it is essential to assess their full record of service and consider the following:

• Commitment to the Rule of Law: Judges must faithfully apply the law as written, resisting the temptation to make decisions based on personal beliefs or political influence. They must protect the integrity of the courts by adhering to legal precedents and constitutional principles.
• Integrity: Judges must demonstrate honesty and a commitment to upholding the law impartially. Integrity ensures that judges apply the law without bias, even in the face of public criticism or political pressure.
• Judicial Temperament: Fairness, respect, and impartiality are critical components of a judge’s temperament. Judges must treat all parties with dignity, approach each case with an open mind, and remain decisive in their rulings.
• Legal Expertise and Competence: Judges should possess a strong command of the law, a keen intellect, and the ability to analyze complex legal issues. Their decisions should reflect deep legal knowledge and sound reasoning, communicated clearly in written opinions.
• Work Ethic and Efficiency: The ability to manage a large caseload and deliver timely rulings is essential. Judges must work diligently to ensure that justice is administered without unnecessary delay.

As we head into these retention elections, the ISBA urges voters to reflect on the importance of judicial independence and the broader contributions of each judge on the ballot. Retaining a judge is about affirming their commitment to upholding the law and serving the people of Indiana impartially.

On behalf of ISBA,

Hon. Tom Felts, ISBA President
Mike Jasaitis, ISBA President-Elect
John Maley, ISBA Vice President
Amy Dudas, ISBA Immediate Past President