Members of IBLC: SB 352 denies minority representation on Marion County courts

INDIANAPOLIS – Controversial legislation that would alter the way Marion County Superior Court judges are selected would effectively remove minority representation on the bench if the measure becomes law, according to Marion County members of the Indiana Black Legislative Caucus (IBLC).

Senate Bill 352 calls for creation of a committee that would select and nominate judges for Marion County’s 36 Superior Courts. This 14-member panel would include state legislators, representatives of local bar associations, and appointees made by the chairs of the Democratic and Republican parties. Voters would not have a chance to weigh in on the judges until they stand for a retention vote after serving on the bench for six years.

“We believe that judges should be elected from the start, and their party affiliation should be identified on the ballot,” said State Rep. Cherrish Pryor (D-Indianapolis). “Allowing judges to be elected and identified by party would ensure that minorities would have the opportunity to become judges. The bill does not have any requirement for diversity, which means the selection committee and the court system would not reflect the makeup of Marion County.”

State Sen. Greg Taylor (D-Indianapolis) added, “It seems to us that this legislation flies in the face of the concerns expressed by the federal court system, which ruled that the way Marion County had been electing judges was unconstitutional because it did not provide residents with a ‘meaningful vote.‘ Instead of giving residents the same right to vote as is provided in 88 other counties in Indiana, SB 352 takes away direct election of judges completely.”

Pryor and Taylor both said the legislation creates a “convoluted” new system of selection unlike any other in the state of Indiana that singles out a county with a large minority population to have a different way of selecting judges.

“Being a Superior Court judge opens doors and opportunities to move up the judicial ladder and serve on Appeals Courts, the Indiana Supreme Court, and the federal court system,” Pryor said. “Under SB 352, minorities would be placed at a major disadvantage.”

Pryor said she would attempt to amend the bill on second reading in the House to restore elections and party affiliations for judges.

“If that does not work, the Marion County members of the IBLC will work actively to defeat this legislation,” Pryor said. “If this is the solution being discussed, we would be better throwing it out and starting from scratch.”