§ Ind. Code § 3-13-6-1Certification of vacancy to governor; manner of filling vacancy

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(a) As used in this section, "judge" refers to a judge of a circuit, superior, or
probate court.
(b) If a judge wants to resign from office, the judge must resign as provided in IC 5-8-3.5.
(c) A vacancy that occurs because of the death of a judge may be certified to the governor
under IC 5-8-6.
(d) A vacancy that occurs, other than by resignation or death of a judge, shall be certified
to the governor by the circuit court clerk of the county in which the judge resided.
(e) A vacancy in the office of judge of a circuit court shall be filled by the governor as
provided by Article 5, Section 18 of the Constitution of the State of Indiana. However, the
governor may not fill a vacancy that occurs because of the death of a judge until the governor
receives notice of the death under IC 5-8-6.
(f) The person who is appointed holds the office until:
(1) the end of the unexpired term; or
(2) a successor is elected at the next general election for the office, and qualified;
whichever occurs first.
(g) Except in a year in which the office is scheduled to be placed on the ballot, and except
as provided in this subsection, the office of judge of the circuit court shall be elected at the
next general election following the date any vacancy occurred. If a vacancy occurs in the
office of judge of the circuit court after noon seventy-four (74) days before a general
election, the office shall be elected at the second general election following the date any
vacancy occurred.
(h) The person elected at the general election following an appointment to fill the
vacancy, upon being qualified, holds office for the six (6) year term prescribed by Article 7,
Section 7 of the Constitution of the State of Indiana and until a successor is elected and
qualified.
(i) A vacancy in the office of judge of a superior or probate court shall be filled by the
governor subject to the following:
(1) IC 33-33-2-39.
(2) IC 33-33-2-43.
(3) IC 33-33-45-38.
(4) IC 33-33-71-40.
(5) IC 33-33-49-13.4.
However, the governor may not fill a vacancy that occurs because of the death of a judge
until the governor receives notice of the death under IC 5-8-6. The person who is appointed
holds office for the remainder of the unexpired term.

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