The general election is right around the corner and on this year's ballot, voters will see two questions that could change the Indiana Constitution.
The first proposal would give judges additional authority to deny bail when defendants pose a serious threat to public safety. The second would provide greater flexibility in residency requirements for city and town court judges, helping rural communities address judicial shortages.
Public Question 1: Bail and public safety
Under Indiana's current Constitution, judges cannot deny bail for offenses other than murder or treason, even when there are serious concerns about a defendant's potential danger to others.
A proposed constitutional amendment would expand judges' authority to deny bail in certain cases where public safety is at risk. This comes after lawmakers from two different general assemblies passed a resolution proposing the change to the Indiana Constitution.
The question reads: Currently, under the Constitution of the State of Indiana, a person charged with murder or treason is not entitled to be released on bail if the proof is evident or the presumption strong. Shall the Constitution of the State of Indiana be amended to provide that a person charged with an offense other than murder or treason is not entitled to bail if: (1) the proof is evident or the presumption strong; and (2) the state proves by clear and convincing evidence that no release conditions will reasonably protect the safety of any other person or the community.
Public Question 2: Addressing rural judge shortages
Access to local courts is important for Hoosiers in every community, but shortages of legal professionals have made it more difficult for smaller towns and rural areas to fill judicial positions.
There are only 2.3 lawyers for every 1,000 Hoosiers, ranking Indiana 43rd compared to other states for lawyers per capita. Nearly half of Indiana's 16,000 lawyers are located in or around Indianapolis, limiting rural communities' access to legal services.
This year the General Assembly continued its efforts to address this issue by passing a law for the second time to ease judicial residency requirements through an Indiana constitutional amendment. The law is the last step in the legislative process required to amend the state constitution.
The question reads: Shall the Constitution of the State of Indiana be amended to permit the judge of a city or town court to reside in: (1) the county in which the court is located; or (2) the bordering county closest to the city or town in which the court is located?
All amendments to the Indiana Constitution must first pass as a joint resolution in two different General Assemblies before the language can be offered to the public for a vote on the next general election ballot. A majority of Hoosiers must vote in favor before the Indiana Constitution can be amended.
You can cast your vote on these important questions on or before Election Day, Nov. 3. Click here to find your voting location.
