If you’re a voter in Marion County, you likely know the candidates for president in the 2024 General Election. But you might not know the 18 judges who will be on the ballot for the Marion County Superior Court.
It’s difficult to be informed about judges up for retention, in part because Indiana law forbids judges from campaigning like most political candidates can.
This guide aims to help you better understand the ‘Yes’ or ‘No’ vote on judge retention you’ll see on your ballot.
Judicial retention process
Judges on the Marion County Superior Court normally serve six-year terms on the bench. However, if a judge takes over for another judge in the middle of their term, the newly appointed judge’s term only lasts until the previous judge would have next been up for retention. For example, one of the judges on the ballot this year was just appointed in February, but already standing for retention.
If a majority of voters decide ‘Yes’ on retention, the judge is retained. It is very uncommon for a judge on a ballot in Indiana to receive a ‘No’ vote on retention. Indiana is one of 19 states to use these so-called retention races in some capacity.
When a judge is first up for retention, they must undergo an interview with the Marion County Judicial Selection Committee. The committee decides whether or not to recommend them for retention. All 18 were recommended this year.
If a judge has already passed a retention election before, they are not required to stand before the Judicial Selection Committee for an interview, though they still have the option to. In this election, 16 judges were interviewed by the selection committee. Two of them, Linda Brown and William Nelson, chose not to be interviewed.
But the judges up for retention must still be approved by the voters of Marion County.
Judicial appointment
With the current system, voters decide whether to retain judges, but they do not vote judges onto the bench initially. When a vacancy occurs, those interested in the position apply for it. Right now there are two open trial court positions. 27 judges have applied in Marion County.
The 14-member Judicial Selection Committee interviews the candidates. The committee chooses its top three candidates and sends them to the governor. The governor then chooses candidates to be appointed to the court.
This process has changed somewhat in recent years. In 2017, the previous so-called slating system was ruled unconstitutional by the District Court for the Southern District of Indiana. The old process mandated an equal number of Republicans and Democrats serve on the bench. Each party nominated its candidates, and the parties never ran against each other. Supporters said it made the process less political, but critics said it disenfranchised voters.
Who’s on the ballot?
Below are all 18 judges on the ballot, along with their retention recommendation rating from the Indianapolis Bar Association. IndyBar conducted a survey of nearly 4,000 lawyers in Marion County asking whether each judge should be retained, and they required lawyers to confirm they’d had direct professional contact with the judge before answering. The retention rating is the percentage of respondents who answered ‘Yes,’ meaning they should be retained.
Retention ratings for the judges vary. IndyBar said there are several reasons for this. Some judges who were appointed to the bench more recently haven’t had as many years to interact with and build trust with attorneys. The nature of being a judge also means that in every case they rule on, their decision will please one side’s attorney and displease the other. Some survey results could reflect attorneys expressing their dissatisfaction with rulings they disagreed with.
IndyBar said that in general, judges who have served longer have higher ratings because they have more history interacting with attorneys, who later remember favorable decisions the judge made in their cases and vote ‘Yes’ on recommending.
Judges on the Ballot in 2026
There will be more judges on the ballot in 2026. Several judges on the Marion County Small Claims Courts will be up for election or reelection. Each township in Marion County has its own small claims court, and judges in that court are picked through partisan elections, not retention elections.
Small claims court allows any citizen to bring a case seeking damages less than $10,000. Residents do not need an attorney in small claims court. The judges decide on cases involving eviction, personal injury, property damage and money owed.
Small claims judges serve four-year terms and then must be re-elected if they wish to serve another term. There will be one judge for each of the nine townships elected in 2026.
