Sec. 39. (a) After the commission has nominated and submitted to the governor the names of five (5) persons for appointment to fill a vacancy of the St. Joseph superior court:

(1) any name may be withdrawn for a cause considered by the commission to be of a substantial nature affecting the nominee’s qualifications to hold office; and

(2) another name may be substituted at any time before the appointment is made to fill the vacancy.

     (b) If a nominee dies, or requests in writing that the nominee’s name be withdrawn, the commission shall nominate another person to replace the nominee.

     (c) If there are existing at the same time two (2) or more vacancies on the court, the commission shall nominate and submit to the governor a list of five (5) different persons for each of the vacancies. The commission may before an appointment is made:

(1) withdraw the lists of nominations;

(2) change the names of any persons nominated from one (1) list to another; and

(3) resubmit the lists as changed or substitute a new name for any of those previously nominated.

[Pre-2004 Recodification Citation: 33-5-40-43.]

As added by P.L.98-2004, SEC.12.