33-38-13-30. Jurisdiction and Powers
Sec. 30. The commission has jurisdiction and powers necessary to conduct the proper and speedy disposition of any investigation or hearing, including the powers to depose witnesses and to order the production of documentary evidence. A member of the commission or a master may administer oaths to witnesses in a matter under the commission’s jurisdiction. […]
33-38-13-31. Subpoenas
Sec. 31. (a) A master may issue a subpoena for: (1) the attendance of witnesses; (2) the production of documentary evidence; or (3) discovery; in a proceeding before the masters. The master shall serve the subpoena in the manner provided by law. (b) The chairman of the commission may issue a subpoena for: (1) the […]
33-38-13-32. Enforcement of Subpoena
Sec. 32. If a witness in a commission proceeding: (1) fails or refuses to attend upon subpoena; or (2) refuses to testify or produce documentary evidence demanded by subpoena; a circuit court, superior court, or probate court may enforce the subpoena. [Pre-2004 Recodification Citation: 33-2.1-5-25.] As added by P.L.98-2004, SEC.17. Amended by P.L.84-2016, SEC.148.
33-38-13-33. Filing Papers and Pleadings
Sec. 33. All papers and pleadings filed with the office of the chairman of the commission are considered to have been filed with the commission. [Pre-2004 Recodification Citation: 33-2.1-5-26.] As added by P.L.98-2004, SEC.17. Amended by P.L.2-2005, SEC.111.
33-38-13-34. Discovery; Admissibility of Evidence; Demand for Formal Proceeding or Finding
Sec. 34. (a) In all formal proceedings, discovery is available to the commission and the judge or justice 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 judge in the county in which the commission hearing is held. (b) […]
33-38-13-35. Exclusion
Sec. 35. This chapter does not encroach upon or impair the vested rights of a justice or judge or the surviving spouse of a justice or judge under any constitutional or statutory retirement program. [Pre-2004 Recodification Citation: 33-2.1-5-28.] As added by P.L.98-2004, SEC.17.
33-38-13-13. Complaint; Investigation
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 […]
33-38-13-29. Petition for Modification or Rejection of Commission’s Recommendation
Sec. 29. (a) Not more than thirty (30) days after a certified copy of the commission’s recommendation is filed with the clerk of the supreme court, a justice or judge may petition the supreme court to modify or reject the commission’s recommendation. (b) The justice or judge shall verify the petition. The petition must be […]
33-38-13-14. Notice of Formal Proceedings
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 […]
33-38-13-15. Answer
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 […]