Sec. 1. It is the purpose of this chapter to provide that judges of superior, probate, juvenile, or criminal courts in counties described in section 9 of this chapter are subject to disciplinary action on the grounds and in the manner set forth in this chapter. [Pre-2004 Recodification Citation: 33-2.1-6-1.] As added by P.L.98-2004, SEC.17.
Sec. 10. (a) A judge is disqualified from acting as a judicial officer, without loss of salary, while there is pending: (1) an indictment or information charging the judge in a United States court with a crime punishable as a felony under Indiana or federal law; or (2) a recommendation to the supreme court by […]
Sec. 11. (a) The commission shall meet as necessary to discharge its statutory responsibilities. Meetings of the commission shall be called in the same manner as prescribed for the judicial nominating commission. Four (4) members of the commission constitute a quorum. (b) Commission meetings are to be held in Indiana on the call of the […]
Sec. 12. (a) Papers filed with and proceedings before the commission before the institution of formal proceedings are confidential unless: (1) the judge against whom a recommendation is filed elects to have the information divulged; or (2) the commission elects to answer public statements by a complainant. (b) Papers filed with the commission during or […]
Sec. 13. Filing papers with or giving testimony before the commission or the masters under this chapter is privileged. [Pre-2004 Recodification Citation: 33-2.1-6-7.] As added by P.L.98-2004, SEC.17.
Sec. 14. (a) Any citizen of Indiana may file with the commission a written and verified complaint on the judicial fitness of a judge of a superior, criminal, juvenile, or probate court of Indiana. (b) A specified form of complaint may not be required. [Pre-2004 Recodification Citation: 33-2.1-6-8.] As added by P.L.98-2004, SEC.17.
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, […]
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 […]
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 […]
Sec. 18. (a) Upon the filing of or the expiration of the time for filing an answer, the commission shall: (1) order a hearing before the commission on the discipline, retirement, or removal of the judge; or (2) request the supreme court to appoint three (3) active or retired judges of courts of record as […]
Sec. 19. (a) The commission, or the masters when the hearing is before the masters, may proceed with the hearing whether or not the judge files an answer or appears at the hearing. (b) The failure of a judge to answer or to appear at the hearing by itself is not evidence of the facts […]
Sec. 2. As used in this chapter, “commission” means the commission on judicial qualifications described in Article 7, Section 9 of the Constitution of the State of Indiana. [Pre-2004 Recodification Citation: 33-2.1-1-3.] As added by P.L.98-2004, SEC.17.
Sec. 20. The Indiana Rules of Evidence apply at a hearing before the commission or the masters. [Pre-2004 Recodification Citation: 33-2.1-6-14.] As added by P.L.98-2004, SEC.17.
Sec. 21. (a) In formal proceedings involving the discipline, retirement, or removal of a judge, the judge may: (1) defend against the charges by introducing evidence; (2) be represented by counsel; (3) examine and cross-examine witnesses; and (4) issue subpoenas for attendance of witnesses to testify or produce evidentiary matter. (b) If testimony is transcribed […]
Sec. 22. The masters, before the conclusion of the hearing, or the commission, before its determination, may allow or require amendments to the notice of formal proceedings and may allow amendments to the answer. The notice may be amended to conform to proof or to set forth additional facts. If an amendment is made, the […]
Sec. 23. (a) After a hearing before the masters, the masters shall promptly transmit to the commission an original and four (4) copies of: (1) a transcript of the hearing; and (2) a report that contains a brief statement of the proceedings and recommended findings of fact. The recommended findings of facts are not binding […]
Sec. 24. Not more than fifteen (15) days after a copy of the report of the masters is mailed to the judge, the counsel or the judge may file with the commission an original and one (1) copy of objections to the report of the masters. If the counsel files objections, the counsel shall mail […]
Sec. 25. If objections to the report of the masters 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 findings of the masters, the commission […]
Sec. 26. (a) The chairman of the commission may extend the time for: (1) filing an answer; (2) commencing a hearing before the commission; or (3) filing objections to the report of the masters. (b) The presiding master, with the approval of the chairman of the commission, may extend the time for commencing a hearing […]
Sec. 27. (a) The commission may order a hearing to take additional evidence at any time while the matter is pending before the commission. The order must set the time and place of the hearing in the county in which the judge resides and must indicate the matters on which evidence will be taken. A […]
