Senate Joint Resolution 22 proposes a constitutional amendment to Article 7, Section 13 of the Indiana Constitution concerning the removal and suspension of circuit court judges and prosecuting attorneys. The resolution keeps the existing provision allowing removal of a judge or prosecuting attorney convicted of corruption or another high crime, but adds new language specifically authorizing the governor to suspend a prosecuting attorney from office for malfeasance, misfeasance, neglect of duty, incompetence, permanent inability to perform official duties, or commission of a felony.
Under the proposed amendment, the governor could also appoint someone to serve in the office during the period of suspension, and the suspended prosecuting attorney could be reinstated by the governor before a final removal decision. The resolution further states that a suspended prosecuting attorney may be reinstated or removed as prescribed by law, leaving room for implementing legislation or other legal procedures. Because this is a constitutional amendment, it would not take effect unless approved by two consecutive General Assemblies and then ratified by Indiana voters.
Impact
If adopted, the resolution would change Indiana’s Constitution by expanding the governor’s authority over prosecuting attorneys and creating a formal suspension mechanism separate from permanent removal. It would affect Article 7, Section 13 and potentially any statutes or procedures governing prosecutorial discipline, temporary vacancies, and appointment authority during suspensions. The amendment would not directly change current law unless and until it is approved by a subsequent General Assembly and the electorate.
Sentiment
The available record shows the resolution was introduced and referred to the Senate Judiciary Committee, but there are no committee transcripts or recorded votes provided. As a result, there is no documented public debate in the supplied materials to indicate support or opposition. The bill’s caption and text suggest a governance-and-accountability rationale, but the overall sentiment from the available record is neutral due to the absence of discussion or voting history.
Contention
The main potential point of contention is the expansion of executive power: the governor would gain authority to suspend an elected prosecuting attorney and appoint a replacement during the suspension period. Supporters would likely view this as a tool for addressing misconduct or incapacity quickly, while opponents may be concerned about separation of powers, due process, and the impact on local prosecutorial independence. Another possible issue is the breadth of the grounds for suspension, which include terms such as misfeasance, neglect of duty, incompetence, and permanent inability to perform official duties.