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Committee advances constitutional amendment to broaden eligibility for town and city court judges
Summary
The House Courts and Criminal Code Committee voted to approve HJ1, a proposed amendment that would expand residency eligibility for town and city court judges to the county or an adjacent county; the measure passed the committee by roll call (130 yes).
The House Courts and Criminal Code Committee voted to pass HJ1, a proposed amendment to the Indiana Constitution that would expand the residency requirement for town and city court judges so attorneys living in the county or an adjacent county could serve.
Representative Bruce Aylesworth, sponsor of HJ1, told committee members the change addresses shrinking pools of attorneys eligible to serve in small jurisdictions. “In small town America changing demographics have changed the amount of attorneys that are available to do the job in small towns,” Aylesworth said, noting one vacancy in Lowell where only four local attorneys existed and the Supreme Court had to appoint a judge from a neighboring county.
The amendment would alter the state constitution’s residency requirement and must pass in a second separate legislative session before it can be placed on the ballot for voter referendum, Aylesworth said. Committee chair Representative Wendy McNamara explained the three-step process: passage in two separately elected legislative sessions and then legislation next year to place it on the ballot.
Committee members had no witnesses signed up to testify and offered no substantive amendments. The committee took a roll-call vote and the measure passed the committee with a tally announced as 130 in favor. The committee record shows the motion to pass and the subsequent roll call; no “no” or abstention tallies were recorded in the transcript.
HJ1 affects 52 town and city courts named in committee discussion and is intended to make it easier for small jurisdictions to fill judicial posts without requiring an appointee to establish residency inside a town or city before serving. The committee did not specify an effective date in its discussion; as a proposed constitutional amendment, the change would not take effect unless the amendment completes the multi-session legislative process and is approved by voters.
The committee adjourned after completing its business and said it will meet again the following week.
