Indiana voters will likely see a ballot question in the November election to amend the state constitution as it relates to where city and town court judges live.
State Rep. Mike Aylesworth, R-Hebron, said about 7 years ago he met with then-Lowell Town Judge Christopher Buckley to talk about legislation.
During that discussion, Aylesworth said Buckley, who is now a Porter County Superior Court Judge, mentioned that he and his wife lived in Valparaiso, but he had been renting an apartment in Lowell to establish residency there because of a state statute that requires city and town officers to live in their jurisdiction.
“I thought, this is sort of silly. I didn’t pay much more attention to it, but then the more I got into it the more I found out,” Aylesworth said.
Article 6, Section 6 of the Indiana constitution states that “all county, township, and town officers, shall reside within their respective counties, townships and towns and shall keep their respective offices at such places therein, and perform such duties, as may be directed by law.”
In Indiana, there are around 50 city and town court judges, said Kathryn Dolan, Indiana Supreme Court Chief Public Information Officer. The state has more than 700 judicial officers, including superior court judges, senior judges and magistrates, she said.
Aylesworth said he met with Indiana Supreme Court Chief Justice Loretta Rush, who told him that a constitutional amendment would be needed to change the state statute about residency requirements for city and town judges.
To amend the state constitution, a joint resolution must be approved by both chambers of two differently elected general assemblies, then it goes before the voters in the next statewide general election.
In the 2021 session, Aylesworth filed House Joint Resolution 1 that stated county, township, and town residency requirements prescribed by Article 6, Section 6 of the Indiana Constitution do not apply to city or town court judges.
The resolution wasn’t heard in committee during the 2021 session.
After the 2021 session, Aylesworth said he met with House Courts and Criminal Code Committee chairwoman State Rep. Wendy McNamara, R-Evansville, to discuss the need for the constitutional amendment and got her support.
In the 2023 session, Aylesworth filed House Joint Resolution 6, which stated that the judge of a city or town shall reside in the county in which the city or town court is located or the bordering Indiana county that is the closest Indiana county to the city or town in which the court is located.
The resolution passed both chambers of the statehouse and was signed into law.
Two years later, during the 2025 session, Ayleworth filed House Joint Resolution 1, which had the same language as the 2023 House Joint Resolution 6. The resolution passed the state legislature and was signed into law.
For the 2026 session, Aylesworth has filed House Bill 1019, which proposes a constitutional amendment ballot question regarding the residency of a city or town court judge.
According to the bill, the ballot question will state: “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? (This question concerns Article 6, Section 6 of the Constitution of the state of Indiana.)”
House Bill 1019 passed out of the House Court and Criminal Code Committee in a 12-0 vote on Wednesday. The committee members didn’t ask any questions or discuss the bill, and no one from the public testified ahead of the vote.
“It’s a fairly simple concept, expanding the area in which an attorney may live, because they have to be an attorney to be a city or town court judge. It expands that area so it can encourage more people to be eligible to sit as a judge,” Aylesworth said.
The federal and state constitutions are “living, breathing documents” that are amended when needed to adjust to the times, Aylesworth said.
If House Bill 1019 passes, the Indiana Secretary of State will work with each county to ensure the ballot question is included on the ballot for the November 2026 election, Aylesworth said.
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“It’s like I’ve been stuck in this dream, I don’t want to say a bad dream. It’s a good dream because good things will happen. But, I’ve been stuck in this dream now for several years, and hopefully this will end this portion of the dream about updating the constitution,” Aylesworth said.