33-38-14-35. Filing
Sec. 35. All papers and pleadings filed with the office of the chairman of the commission are considered filed with the commission. [Pre-2004 Recodification Citation: 33-2.1-6-29.] As added by P.L.98-2004, SEC.17.
33-38-14-36. Discovery; Admissibility of Evidence; Demand for Formal Proceeding or Finding
Sec. 36. (a) In all formal proceedings, discovery is available to the commission and the judge 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 in the county in which the commission hearing is held. (b) In all formal […]
33-38-14-29. Record of Commission Proceedings
Sec. 29. The commission shall keep a record of all formal proceedings concerning a judge. The commission shall enter its determination in the record and mail notice to the judge and the counsel. If the commission recommends the discipline, retirement, or removal of a judge to the supreme court, the commission shall prepare a transcript […]
33-38-14-30. Certification of Commission Recommendation to Supreme Court
Sec. 30. Upon recommending the discipline, retirement, or removal of a judge, the commission shall file a copy of each of the following with the clerk of the supreme court: (1) The recommendation certified by the chairman or secretary of the commission. (2) The transcript. (3) The findings of fact and conclusions of law. The […]
33-38-14-15. Request of Justice or Judge to Retire; Complaint by Citizen or on Commission’s Own Motion; Investigation
Sec. 15. (a) A judge may request retirement due to disability. (b) A citizen of Indiana may complain to the commission about the activities, fitness, or qualifications of a judge. Upon receipt of a complaint, the commission shall determine if the complaint is frivolous. The commission may, on its own motion, inquire into the activities, […]
33-38-14-31. Petition for Modification or Rejection of Commission’s Recommendation
Sec. 31. (a) A judge may petition the supreme court to modify or reject the recommendation of the commission for discipline, retirement, or removal of the judge not more than thirty (30) days after the certified copy of the commission’s recommendation is filed with the clerk of the supreme court. (b) A petition described in […]
33-38-14-16. Notice of Formal Proceedings
Sec. 16. (a) If the commission decides to institute formal proceedings, the commission shall give written notice to the judge advising the judge of the institution of formal proceedings to inquire into the charges against judge. The proceedings must be entitled: “BEFORE THE INDIANA JUDICIAL QUALIFICATIONS COMMISSION Inquiry Concerning a Judge, No. _______”. (b) The […]
33-38-14-32. Jurisdiction and Powers
Sec. 32. The commission has jurisdiction and powers to dispose of any investigation or hearing, including the following: (1) The power to compel the attendance of witnesses. (2) The power to depose witnesses. (3) The power to order the production of documentary evidence. Any commission member or any master may administer oaths and affirmations to […]
33-38-14-17. Answer
Sec. 17. Not more than twenty (20) days after service of the notice of formal proceedings, the judge: (1) may file with the commission a signed original and one (1) copy of an answer; and (2) shall serve by mail a copy of the answer on the counsel. [Pre-2004 Recodification Citation: 33-2.1-6-11.] As added by […]
33-38-14-33. Subpoenas
Sec. 33. (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 […]