Sec. 1. This chapter applies to all proceedings before the commission on judicial qualifications and masters involving the censure, retirement, or removal of justices of the supreme court and judges of the court of appeals, as provided by Article 7, Section 11 of the Constitution of the State of Indiana. [Pre-2004 Recodification Citation: 33-2.1-5-29.] As […]
Sec. 10. (a) All papers filed with the commission before the institution of formal proceedings under section 14 of this chapter are confidential unless: (1) the justice or judge against whom a recommendation has been filed elects to have the information divulged; or (2) the commission elects to answer publicly disseminated statements issued by any […]
Sec. 11. Filing papers with and giving testimony before the commission or the masters appointed by the supreme court under this chapter are privileged. [Pre-2004 Recodification Citation: 33-2.1-5-4.] As added by P.L.98-2004, SEC.17.
Sec. 12. (a) A complaint filed with the commission must be in writing and directed to the commission or to any member of the commission. (b) A specified form of complaint may not be required. [Pre-2004 Recodification Citation: 33-2.1-5-5.] As added by P.L.98-2004, SEC.17.
Sec. 13. (a) Any Indiana citizen may complain to the commission about the activities, fitness, or qualifications of a judge or justice. Upon receiving a complaint, the commission shall determine if the complaint is founded and not frivolous. If the commission determines that the complaint is frivolous or malicious, the commission shall file with the […]
Sec. 14. (a) If the commission concludes, after investigation, to institute formal proceedings against a justice or judge, the commission shall give written notice of the proceedings to the justice or judge by registered or certified mail addressed to the judge at the judge’s chambers and last known residence. The proceedings must be entitled: “BEFORE […]
Sec. 15. Not more than twenty (20) days after service of the notice of formal proceedings, the justice or judge: (1) may file with the commission a signed original and one (1) copy of an answer; and (2) shall mail a copy of the answer to the counsel. [Pre-2004 Recodification Citation: 33-2.1-5-8.] As added by […]
Sec. 16. (a) Upon the filing of or the expiration of time for filing an answer, the commission shall: (1) hold a hearing concerning the discipline, retirement, or removal of the justice or judge; or (2) request the supreme court to appoint three (3) active or retired justices or judges of courts of record as […]
Sec. 17. (a) The commission or a master may proceed with a scheduled hearing whether or not the judge files an answer or appears at the hearing. (b) The failure of a justice or judge to answer or appear at the hearing may not be taken as evidence of the truth of the facts alleged […]
Sec. 18. The Indiana Rules of Evidence apply at a hearing before the commission or the masters. [Pre-2004 Recodification Citation: 33-2.1-5-11.] As added by P.L.98-2004, SEC.17.
Sec. 19. (a) In formal proceedings involving a justice’s or judge’s discipline, retirement, or removal, the justice or judge may do the following: (1) Defend against the charges by introducing evidence. (2) Be represented by counsel. (3) Examine and cross-examine witnesses. (4) Issue subpoenas for attendance of witnesses to testify or produce evidentiary matter under […]
Sec. 2. As used in this chapter, “commission” means the commission on judicial qualifications described in Article 7, Section 9 of the Constitution of the State of Indiana. [Pre-2004 Recodification Citation: 33-2.1-1-3.] As added by P.L.98-2004, SEC.17.
Sec. 20. The masters, at any time before the conclusion of the hearing, or the commission, at any time before its determination: (1) may allow or require amendments to the notice of formal proceedings; and (2) may allow amendments to the answer. The notice may be amended to conform to proof or to set forth […]
Sec. 21. (a) After a hearing, the masters shall promptly prepare and transmit to the commission an original and four (4) copies of a transcript of the hearing and an original and four (4) copies of a report that contains a brief statement of the proceedings and the masters’ recommended findings of fact. The recommended […]
Sec. 22. Not more than fifteen (15) days after the commission mails a copy of the report of the masters to the justice or judge, the counsel or the justice or judge may file with the commission an original and one (1) copy of objections to the report of masters. If the counsel files objections, […]
Sec. 23. If objections to a report of the masters under section 21 of this chapter are not timely filed, the commission may adopt the recommended findings of the masters without a hearing. If objections are timely filed, or if objections are not timely filed and the commission proposes to modify or reject the recommended […]
Sec. 24. (a) The chairman of the commission may extend the time for: (1) filing an answer; (2) conducting a hearing before the commission; and (3) filing objections to the report of the masters. (b) The presiding master may, with the approval of the chairman of the commission, extend the time for conducting a hearing […]
Sec. 25. The commission may order a hearing to take additional evidence at any time while a matter is pending before it. The hearing must be in the county in which the justice or judge resides. The order must set the time and place of the hearing and shall indicate the matters on which evidence […]
Sec. 26. If the commission finds good cause, it shall recommend to the supreme court the censure, retirement, or removal of a justice or judge. If a hearing is before the masters, the affirmative vote of four (4) members of the commission is required to recommend censure, retirement, or removal of a justice or judge. […]
Sec. 27. The commission shall keep a record of all formal proceedings concerning a judge. The commission shall record its determination and mail notice of the determination to the justice or judge and the counsel. If the commission recommends censure, retirement, or removal, the commission shall prepare a transcript of the evidence and proceedings and […]
