INDIANA — Indiana voters officially approved two statewide constitutional amendments during Tuesday’s general election, authorizing expanded judicial discretion in denying bail to high-risk criminal defendants and easing geographic residency rules for city and town court judges.
Both legislatively referred measures received strong support from voters statewide and across local jurisdictions.
Public Question 1: Expanded Judicial Authority Over Pretrial Detention
Public Question 1 amends Article 1, Section 17 of the Indiana Constitution to establish a risk-based standard for pretrial bail.
Before the amendment’s passage, judges were only permitted to deny bail for defendants charged with murder or treason. Under the newly approved constitutional framework, judicial officers are granted authority to deny bail for additional offenses if the state demonstrates through clear and convincing evidence that the accused poses a substantial risk to public safety or any other person in the community.
The amendment was passed by the Indiana General Assembly before being submitted to voters for final ratification.
Public Question 2: Flexibility in Municipal Judicial Residency Requirements
Public Question 2 amends the state constitution regarding qualification criteria for municipal judges.
Under previous state law, city and town court judges were strictly required to reside within the specific municipality where their court sat. The approved amendment broadens eligibility by permitting city and town court judges to live anywhere within the county where the court is located, or within an adjacent Indiana county closest to the municipality’s borders.
Supporters of the amendment noted that expanding residency boundaries will help smaller municipalities recruit and retain qualified legal professionals to serve on local benches.
