Indiana Code Title 33. Courts and Court Officers § 33-33-45-38

Sec. 38. (a) A vacancy occurring on the court shall be filled by appointment of the governor from a list of five (5) nominees presented to the governor by the judicial nominating commission.  If the governor fails to make an appointment from the list within sixty (60) days after the day it is presented to the governor, the appointment shall be made by the chief justice or the acting chief justice of Indiana from the same list, or altered list as provided for in section 37 of this chapter.

(b) The governor shall make all appointments to the court without regard to the political affiliation of any of the five (5) nominees submitted to the governor.  In the interest of justice, the governor shall consider only those qualifications of the nominees included in section 35 of this chapter.