When Hoosiers head to the polls this November, they will encounter a straightforward but important decision: whether to retain three Indiana Court of Appeals judges and the state’s sole Tax Court judge. Unlike partisan races, these retention votes ask voters to answer a simple yes or no question for each judge.
Why the Retention Vote Matters
Retention elections give the electorate a direct voice in keeping experienced jurists on the bench. Judges need only a simple majority to stay, and the process ensures accountability without the politicized campaigning seen in many other races.
Who Is on the Ballot
All Indiana voters will see the names of Appellate Judges Mary DeBoer and Paul Felix, as well as Tax Court Judge Justin McAdam. Judge Dana Kenworthy will appear only on ballots from the Court of Appeals’ second district – Marion, Hamilton, Tippecanoe, Delaware and Howard counties.
How to Make an Informed Choice
Former appellate judge Linda Chezem advises voters to read the opinions each judge has authored. “You don’t need a law degree to have common sense,” she said. Chezem stresses that written opinions reveal how judges interpret the law and affect everyday Hoosiers.
She also recommends looking for any dissents a judge may have written, as dissenting opinions can signal thoughtful legal analysis and may even prompt the Indiana Supreme Court to review a case.
Expert Guidance
Indiana University law professor Joel Schumm, who has represented more than 100 indigent clients, cautions against basing a decision on a single opinion. He suggests evaluating a judge’s overall work ethic, respect for litigants, and the quality of their reasoning. Schumm points to the Indiana State Bar Association’s recent survey, which showed a sizable majority of its members – lawyers, judges, law‑school professors and paralegals – support retaining all four judges.
What Happens If a Judge Is Not Retained
If voters reject a judge, the Indiana secretary of state must issue a certificate of non‑retention by the first Friday after Election Day. The judge may request a recount, but the term ends unless the Indiana Recount Commission confirms a negative vote.
Vacancies are filled through the same merit‑selection process used for the Indiana Supreme Court. The Judicial Nominating Commission will solicit applications, interview candidates, and forward three names to the governor, who appoints one within 70 days.
Resources for Voters
The Indiana Supreme Court’s Office of Judicial Administration has created a retention website with biographical details, video of oral arguments and links to each judge’s written opinions. Voters can use this tool to review a judge’s record before heading to the polls.
By taking a few minutes to examine these materials, Hoosiers can ensure that the courts continue to reflect the values of common sense, respect for the rule of law, and dedication to public service.
Original reporting: Mirror Indy — read the source article.
