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 […]
33-38-13-21. Report of Masters
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 […]
33-38-13-22. Objections to Report of Masters
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, […]
33-38-13-23. Appearance Before Commission
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 […]
33-38-13-24. Extension of Time
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 […]
33-38-13-25. Hearings; Additional Evidence
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 […]
33-38-13-10. Papers Filed Before and After Institution of Formal Proceedings; Confidentiality; Public Inspection
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 […]
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.