33-38-13-26. Vote or Recommendation for Censure, Retirement, or Removal
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. […]
33-38-13-11. Privileged Information
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.
33-38-13-27. Record of Commission Proceedings
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 […]
33-38-13-12. Complaint
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.
33-38-13-28. Certification of Commission Recommendation to Supreme Court
Sec. 28. Upon recommending the censure, retirement, or removal of a justice or judge, the commission shall promptly file the following with the clerk of the supreme court: (1) A copy of the recommendation certified by the chairman or secretary of the commission. (2) A transcript of the evidence. (3) Findings of fact and conclusions […]
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 […]
33-38-13-16. Setting for Hearing Before Commission or Masters
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 […]