3 · Indiana's courts: merit selection + retention

How does a state pick its judges? States do it very differently: some elect judges in partisan races, some in nonpartisan races, some appoint them. Indiana uses a distinctive hybrid for its highest courts.

Merit selection, then retention (since 1970). For the Indiana Supreme Court and the Court of Appeals, Indiana does not choose justices in a contested popular election. Instead (State of Indiana, Judicial Branch, n.d.):

1. A nonpartisan Judicial Nominating Commission reviews applicants and sends the Governor a short list of the most qualified.
2. The Governor appoints a justice from that list.
3. After a couple of years on the bench, the justice faces a retention vote: voters answer a simple yes/no "shall this justice be retained?" There's no opponent; it's a performance check, not a campaign.

This "merit selection + retention" system was adopted by constitutional amendment in 1970. Its goal is to keep the highest courts insulated from ordinary campaign politics while still giving voters a periodic say.

Not every Indiana court works this way. Many trial-court judges (in the counties) are chosen differently, often in local elections whose rules vary by county. So the "merit selection" rule you just learned applies to the appellate courts, not automatically to every judge on every bench. (When you want the rule for a specific court, the authoritative source is the Indiana Judicial Branch, courts.in.gov.)

Why this matters civically: on your ballot you may see appellate justices listed for a yes/no retention vote. That's not a throwaway line; it's your direct check on the judges who interpret Indiana law. Knowing what a retention vote is means you can cast it thoughtfully instead of skipping it. Your county's trial-court judges are on that same ballot under whatever rule your county uses, and courts.in.gov is where you look that rule up.

Sources

• State of Indiana, Judicial Branch. (n.d.). About the Indiana Supreme Court / selection of justices. courts.in.gov. https://www.in.gov/courts/supreme/about/
• Indiana Historical Bureau. (n.d.). Constitution of 1851, Article 7 - Judicial. IN.gov. https://www.in.gov/history/about-indiana-history-and-trivia/explore-indiana-history-by-topic/indiana-documents-leading-to-statehood/constitution-of-1851/