University of Denver

ACLU Challenges Indiana Judicial Selection Method

Former Manager, Quality Judges Initiative

The ACLU of Indiana filed a constitutional challenge to the process for electing superior court judges in Marion County. Under a system that may be unique, voters in each of the major party primaries cast ballots for half of the judicial seats to be filled. This ensures partisan balance on the bench, but it also makes the general election a mere formality. The result is that voters only choose half of the judges, and those who do not participate in the primary election are left without a say.