(a) This section applies to a vacancy in the office of judge of a town court that is:(1) not covered by section 1 of this chapter; or(2) covered by section 1 of this chapter, but not filled by a major political party by the applicable deadline set forth in IC 3-13-11-3.(b) A vacancy shall be filled by the town council at a regular or special meeting.(c) The town clerk-treasurer shall give notice of the meeting. The meeting shall be held not later than thirty (30) days after:(1) the vacancy occurs if the vacancy is not covered by section 1 of this chapter; or(2) the applicable deadline for a major political party to fill the vacancy as set forth in IC 3-13-11-3.(d) The notice must:(1) be in writing;(2) state the purpose of the meeting;(3) state the date, time, and place of the meeting; and(4) be sent by first class mail to each council member at least ten (10) days before the meeting.(e) If a vacancy:(1) is not covered by section 1 of this chapter; and(2) exists because of the death of a judge;the council shall meet and select an individual to fill the vacancy not later than thirty (30) days after the town clerk-treasurer receives notice of the death under IC 5-8-6. of the death of a judge;the council shall meet and select an individual to fill the vacancy not later than thirty (30) days after the town clerk-treasurer receives notice of the death under IC 5-8-6. The town clerk-treasurer may not give the notice required by subsection (c) until the town clerk-treasurer receives notice of the death under IC 5-8-6.(f) If a vacancy:(1) is covered by section 1 of this chapter;(2) exists because of the death of a judge; and(3) exists for more than thirty (30) days;the council shall meet and select an individual to fill the vacancy not later than sixty (60) days after the town clerk-treasurer receives notice of the death under IC 5-8-6. The town clerk-treasurer may not give the notice required by subsection (c) until the town clerk-treasurer receives notice of the death under IC 5-8-6.[Pre-1986 Recodification Citations: 3-2-10-5.5(b); 3-2-10-6 part.]As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.449; P.L.8-1989, SEC.9; P.L.4-1991, SEC.127; P.L.119-2005, SEC.16; P.L.278-2019, SEC.157.
Indiana Legal Code