A Marion County judge failed judicial review, will be withheld from November ballot

Sixteen Marion County judges were interviewed Friday before the Marion County Judicial Selection Committee to determine if they should appear on the November ballot. 

It’s the first time the review committee has met since lawmakers made significant changes to how it works during the most recent legislative session. 

One of those changes was that the selection committee now has the power to hold judges off the ballot entirely if they don’t feel they are fit to continue serving. Previously, the committee would only vote on whether to “recommend” a judge's approval to voters. 

Of the sixteen judges interviewed Friday, fifteen were approved for retention. One judge, Judge Gary Miller, received a unanimous vote that he was unfit to remain in his role. 

Carlette Duffy serves as a member of the committee representing the Marion County Democrats. She said during the interview, Judge Miller was asked questions about how he was mentoring other prosecutors and why he submitted his application materials late. 

“I would say it [was] kind of short compared to the other interviews, and it just seemed like there was just not a lot to offer to the committee in the interview,” Duffy said. 

Judge Gary Miller did not immediately respond to our request for comment. 

According to a spokesperson for the Indiana Supreme Court, only one other judge, Judge Geoffrey Gaither, failed to receive a unanimous “yes” vote from the committee. 

Another legislative change that will impact the committee is not yet enacted. It will alter its makeup to include two picks from the Indiana Supreme Court and two picks from the Governor’s office. 

Some members of the review committee said they were blindsided by the change that cuts them from the body entirely. Democratic lawmakers expressed concern that the move gives too much power to the Governor’s office. 

Duffy said she also has concerns about those changes that target local government. 

“It feels like a takeover of the Marion County judiciary from the west side of Market Street,” she said. 

Duffy said the move will make the committee more political and result in less representation of women and minorities - an argument Democrats made during the legislative session. 

“If those are the voices that we want to hear, that we want representing Marion County in terms of having a bench that reflects the community, this makes it harder,” she said. 

Bill author Rep. Danny Lopez (R-Carmel)  argued the bill was intended to modernize the Marion County courts. He said while he disagreed with the changes to the committee made in the state senate, it was worth it for other elements of the legislation. 

Duffy said she feels the changes to judge selection will have ripple effects on the court overall, as the process becomes more political. 

Contact Government Reporter Benjamin Thorp at bthorp@wfyi.org