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.
33-38-13-30. 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.
33-38-13-17. Hearing
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 […]
33-38-13-18. Evidence
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.
33-38-13-19. Rights of Judge; Proceedings; Notice; Incapacity
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 […]
33-38-13-20. Amendments to Notice or Answer
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 […]