33-38-14-35. Filing
Sec. 35. All papers and pleadings filed with the office of the chairman of the commission are considered filed with the commission. [Pre-2004 Recodification Citation: 33-2.1-6-29.] As added by P.L.98-2004, SEC.17.
33-38-14-36. Discovery; Admissibility of Evidence; Demand for Formal Proceeding or Finding
Sec. 36. (a) In all formal proceedings, discovery is available to the commission and the judge under the Indiana Rules of Civil Procedure. A motion requesting a discovery order must be made to the circuit court, superior court, or probate court in the county in which the commission hearing is held. (b) In all formal […]
33-38-15.2-1. Judges Pro Tempore; Circuit Courts, Superior Courts, Probate Court
Sec. 1. A judge pro tempore serving in a county that has: (1) a probate court; (2) a circuit court; or (3) a superior court judge; may, with the consent of the probate court judge, the circuit court judge, or any judge of a superior court in the county, sit as the judge of the […]
33-38-15.2-2. Presence of Elected or Appointed Judge
Sec. 2. A judge pro tempore may serve as a judge of a court regardless of whether the appointed or elected judge of the court is present and available in the building that contains the court. As added by P.L.22-2016, SEC.2.
33-38-14-28. Vote or Recommendation for Discipline, Retirement, or Removal
Sec. 28. If the commission finds good cause, it shall recommend to the supreme court the discipline, retirement, or removal of a judge. If a hearing is before the masters, the affirmative vote of four (4) commission members is required to recommend the discipline, retirement, or removal of a judge. If a hearing is before […]
33-38-14-29. Record of Commission Proceedings
Sec. 29. The commission shall keep a record of all formal proceedings concerning a judge. The commission shall enter its determination in the record and mail notice to the judge and the counsel. If the commission recommends the discipline, retirement, or removal of a judge to the supreme court, the commission shall prepare a transcript […]
33-38-14-30. Certification of Commission Recommendation to Supreme Court
Sec. 30. Upon recommending the discipline, retirement, or removal of a judge, the commission shall file a copy of each of the following with the clerk of the supreme court: (1) The recommendation certified by the chairman or secretary of the commission. (2) The transcript. (3) The findings of fact and conclusions of law. The […]
33-38-14-15. Request of Justice or Judge to Retire; Complaint by Citizen or on Commission’s Own Motion; Investigation
Sec. 15. (a) A judge may request retirement due to disability. (b) A citizen of Indiana may complain to the commission about the activities, fitness, or qualifications of a judge. Upon receipt of a complaint, the commission shall determine if the complaint is frivolous. The commission may, on its own motion, inquire into the activities, […]
33-38-14-31. Petition for Modification or Rejection of Commission’s Recommendation
Sec. 31. (a) A judge may petition the supreme court to modify or reject the recommendation of the commission for discipline, retirement, or removal of the judge not more than thirty (30) days after the certified copy of the commission’s recommendation is filed with the clerk of the supreme court. (b) A petition described in […]
33-38-14-16. Notice of Formal Proceedings
Sec. 16. (a) If the commission decides to institute formal proceedings, the commission shall give written notice to the judge advising the judge of the institution of formal proceedings to inquire into the charges against judge. The proceedings must be entitled: “BEFORE THE INDIANA JUDICIAL QUALIFICATIONS COMMISSION Inquiry Concerning a Judge, No. _______”. (b) The […]