CHAPTER 11. ETHICS
IC 33-23-11
Chapter 11. Ethics
IC 33-23-11-1
"Cause" defined
Sec. 1. As used in this chapter, "cause" means a trial, a hearing,an arraignment, a controversy, an appeal, a case, or any businessperformed within the official duty of a justice, judge, or prosecutingattorney.
As added by P.L.98-2004, SEC.2.
IC 33-23-11-2
"Close relative" defined
Sec. 2. As used in this chapter, "close relative" means a personrelated to:
(1) another person filing a statement of economic interest; or
(2) the other person's spouse as a son, a daughter, a grandson,a granddaughter, a great-grandson, a great-granddaughter, afather, a mother, a grandfather, a grandmother, agreat-grandfather, a great-grandmother, a brother, a sister, anephew, a niece, an uncle, or an aunt.
For purposes of this section, relatives by adoption, half-blood,marriage, or remarriage are treated as relatives of whole kinship.
As added by P.L.98-2004, SEC.2.
IC 33-23-11-3
"Compensation" defined
Sec. 3. As used in this chapter, "compensation" means any money,thing of value, or economic benefit conferred on or received by anyperson in return for services rendered or for services to be rendered,whether by that person or another.
As added by P.L.98-2004, SEC.2.
IC 33-23-11-4
"Economic interest" defined
Sec. 4. As used in this chapter, "economic interest" meanssubstantial financial interest in investments, employment, awardingof contracts, purchases, leases, sales, or similar matters.
As added by P.L.98-2004, SEC.2.
IC 33-23-11-5
"Employer" defined
Sec. 5. As used in this chapter, "employer" means any personfrom whom the judge, justice, or prosecuting attorney or the spouseof the judge, justice, or prosecuting attorney receives any nonstateincome.
As added by P.L.98-2004, SEC.2.
IC 33-23-11-6
"Information of a confidential nature" defined Sec. 6. As used in this chapter, "information of a confidentialnature" means information that:
(1) is obtained by reason of the position or office held; and
(2) has not been or will not be communicated to the generalpublic.
As added by P.L.98-2004, SEC.2.
IC 33-23-11-7
"Judge" defined
Sec. 7. (a) As used in this chapter, "judge" means a judge of thecourt of appeals, the tax court, or a circuit, superior, county, smallclaims, or probate court.
(b) The term includes a judge pro tempore, commissioner, orhearing officer if the judge pro tempore, commissioner, or hearingofficer sits more than twenty (20) days other than Saturdays,Sundays, or holidays in one (1) calendar year as a judge,commissioner, or hearing officer in any court.
As added by P.L.98-2004, SEC.2.
IC 33-23-11-8
"Person" defined
Sec. 8. As used in this chapter, "person" means any individual,proprietorship, partnership, unincorporated association, trust,business trust, group, limited liability company, or corporation,whether or not operated for profit, or a governmental agency orpolitical subdivision.
As added by P.L.98-2004, SEC.2.
IC 33-23-11-9
Participation in cause; economic interest
Sec. 9. A justice, judge, or prosecuting attorney may notparticipate in a cause that involves a matter in which the justice,judge, or prosecuting attorney or a member of the family of thejustice, judge, or prosecuting attorney has an economic interest.
As added by P.L.98-2004, SEC.2.
IC 33-23-11-10
Influence upon actions involving legislator
Sec. 10. The actions of a justice, judge, or prosecuting attorney ina cause that involves a legislator or a member of a legislator's familymay not be influenced by any matters previously considered or to beconsidered by the legislator in the general assembly.
As added by P.L.98-2004, SEC.2.
IC 33-23-11-11
Disclosure of economic interest
Sec. 11. A justice, judge, or prosecuting attorney shall promptlyand fully disclose any economic interest or other personal stake thejustice, judge, or prosecuting attorney or a member of the family ofthe justice, judge, or prosecuting attorney may have in a cause in
which the justice, judge, or prosecuting attorney is a participant.
As added by P.L.98-2004, SEC.2.
IC 33-23-11-12
Compensation resulting from material information
Sec. 12. A justice, judge, or prosecuting attorney may not acceptany compensation from any employment, transaction, or investmentthat was entered into or made as a result of material information ofa confidential nature.
As added by P.L.98-2004, SEC.2.
IC 33-23-11-13
Excessive compensation for sale, lease, or service
Sec. 13. A justice, judge, or prosecuting attorney may not acceptcompensation for the sale or lease of any property or service thatexceeds the amount that the justice, judge, or prosecuting attorneywould charge in the ordinary course of business from any person orentity whom the justice, judge, or prosecuting attorney knows, or hasreason to know, has an economic interest in the outcome of a currentor future cause in which the justice, judge, or prosecuting attorney isor may be a participant.
As added by P.L.98-2004, SEC.2.
IC 33-23-11-14
Annual statement of economic interests
Sec. 14. (a) The following shall file with the commission onjudicial qualifications an annual statement of economic interests:
(1) Justices, judges, and prosecuting attorneys.
(2) Except as provided in subsection (c), any candidate for one(1) of the offices listed in subdivision (1) who is not the holderof that office.
(b) Justices and judges who are candidates for retention in officeare subject to IC 3-9.
(c) This section does not apply to a candidate for an appointmentpro tempore to fill a vacancy in an office under IC 3-13.
As added by P.L.98-2004, SEC.2. Amended by P.L.127-2008, SEC.5.
IC 33-23-11-15
Filing of statement
Sec. 15. (a) The statement of economic interests must be filedwith the commission on judicial qualifications:
(1) not later than February 1 if the individual is required to filethe statement as an officeholder; or
(2) if a candidate for office, before the individual (or a politicalparty officer acting on behalf of the individual) files:
(A) a declaration of candidacy, if required under IC 3-8-2 orIC 3-8-4-11;
(B) a certified petition of nomination with the Indianaelection division under IC 3-8-6;
(C) a certificate of nomination under IC 3-8-7-8; (D) a certificate of candidate selection under IC 3-13-1 orIC 3-13-2; or
(E) a declaration of intent to be a write-in candidate, ifrequired under IC 3-8-2.
(b) In a county where judges are selected by a county commissionon judicial qualifications, a candidate must file a statement with thecounty commission on judicial qualifications and with thecommission on judicial qualifications.
As added by P.L.98-2004, SEC.2.
IC 33-23-11-16
Contents of statement of economic interests
Sec. 16. The statement of economic interests must set forth thefollowing information for the preceding calendar year:
(1) The name and address of any person other than a spouse orclose relative from whom the justice, judge, or prosecutingattorney received a gift or gifts having a total fair market valueof more than one hundred dollars ($100).
(2) The name of the employer of the justice, judge, orprosecuting attorney and the employer of the spouse of thejustice, judge, or prosecuting attorney.
(3) The nature of the employer's business.
(4) The name of any sole proprietorship owned or professionalpractice operated by the justice, judge, or prosecuting attorney,or the spouse of the justice, judge, or prosecuting attorney, andthe nature of the business.
(5) The name of any partnership of which the justice, judge, orprosecuting attorney, or the spouse of the justice, judge, orprosecuting attorney, is a member and the nature of thepartnership's business.
(6) The name of any corporation (except a church) of which thejustice, judge, or prosecuting attorney, or the spouse of thejustice, judge, or prosecuting attorney, is an officer or a directorand the nature of the corporation's business.
(7) The name of any corporation in which the justice, judge, orprosecuting attorney, or the spouse or unemancipated childrenless than eighteen (18) years of age of the justice, judge, orprosecuting attorney, owns stock or stock options having a fairmarket value of more than ten thousand dollars ($10,000).
As added by P.L.98-2004, SEC.2. Amended by P.L.127-2008, SEC.6.
IC 33-23-11-17
Supreme court or court of appeals; prohibited activities of judges
Sec. 17. A justice of the supreme court or judge of the court ofappeals may not:
(1) engage in the practice of law;
(2) run for elected office other than a judicial office;
(3) directly or indirectly make any contribution to, or hold anyoffice in, a political party or organization; or
(4) take part in any political campaign;as provided in Article 7, Section 11 of the Constitution of the Stateof Indiana.
As added by P.L.98-2004, SEC.2.