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The Marion County judicial selection committee has determined that one of the court’s 16 judges is “not suitable” to serve another term. It is unclear why.
The committee on Friday determined by vote that Marion Superior Court Judge Gary Miller is not eligible for retention and his name will not be included on the November ballot. Miller, who has served on the court in various capacities since 1990, is permitted to complete his current term, which ends on Dec. 31, 2026.
The Lawyer reached out to Miller to see what reasons he was given for the committee’s determination, but he did not respond before Monday’s deadline.
In the past, the committee, which is a 14-member body primarily responsible for nominating judicial candidates for the governor to select when there is a vacancy in Marion County, made recommendations to voters regarding a judge’s retention. No matter the committee’s recommendation — either for or against retention — the judge’s name would appear on the ballot.
Legislation signed into law earlier this month has given the committee the power to “make determinations concerning the suitability of a judge to continue to hold judicial office.” Most of the law is now in effect.
If the committee considers a sitting judge “not suitable” for retention, then his or her name will no longer appear on the ballot for voter consideration.
Under current Indiana law, the committee is required to consider a judge’s suitability for retention based on several factors, including achievements in improving the administration of justice, judicial temperament, patience, decisiveness, dedication and public and private disciplinary matters.
Under the law, each judge is already presumed suitable to continue serving unless at least nine committee members vote otherwise.
Why the committee determined Miller unsuitable for office is currently unclear. The Indiana Judicial Branch’s chief public information officer, Kathryn Dolan, said the committee deliberated in a private, executive session, so it would be inappropriate to publicly state those discussions. But Dolan did say that the committee unanimously determined Miller unsuitable during a public vote.
The Marion Superior Court declined to comment.
According to the Office of Judicial and Attorney Regulation, the disciplinary commission has not issued an opinion against Miller, nor has it issued a public admonition against him.
The committee unanimously found 14 other judges as suitable; Judge Geoffrey Gaither was narrowly found suitable, with eight members ruling against him, according to Dolan.
House Enrolled Act 1033 also changes the committee’s makeup. The judicial selection committee in Marion County currently includes members of the Indianapolis Bar Association, the Marion County Bar Association, the Indiana Trial Lawyers Association and the Defense Trial Counsel of Indiana. Going forward, those organizations will no longer appoint members to the committee. Instead, the governor and chief justice of the Indiana Supreme Court will each be able to appoint two attorneys of their choosing to the committee.
The current judicial selection committee members’ terms are scheduled to end in 2029, so it’s unclear exactly how or when the four organizations’ appointees will be replaced by Braun’s and Chief Justice Loretta Rush’s appointments. Dolan said some of the changes to the committee’s composition will be in effect on July 1, 2026 and the remainder on July 1, 2028.
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