IC 33-38-13
    Chapter 13. The Commission on Judicial Qualifications and theRetirement, Discipline, and Removal of Justices and Judges

IC 33-38-13-1
Scope of law
    Sec. 1. This chapter applies to all proceedings before thecommission on judicial qualifications and masters involving thecensure, retirement, or removal of justices of the supreme court andjudges of the court of appeals, as provided by Article 7, Section 11of the Constitution of the State of Indiana.
As added by P.L.98-2004, SEC.17.

IC 33-38-13-2
"Commission" defined
    Sec. 2. As used in this chapter, "commission" means thecommission on judicial qualifications described in Article 7, Section9 of the Constitution of the State of Indiana.
As added by P.L.98-2004, SEC.17.

IC 33-38-13-3
"Counsel" defined
    Sec. 3. As used in this chapter, "counsel" means the lawyerdesignated by the commission to:
        (1) gather and present evidence before the masters orcommission with respect to the charges against a judge; and
        (2) represent the commission before the supreme court inconnection with any proceedings before the court.
As added by P.L.98-2004, SEC.17.

IC 33-38-13-4
"Judge" defined
    Sec. 4. As used in this chapter, "judge" means a judge of the courtof appeals.
As added by P.L.98-2004, SEC.17.

IC 33-38-13-5
"Mail" defined
    Sec. 5. As used in this chapter, "mail" includes ordinary mail orpersonal delivery.
As added by P.L.98-2004, SEC.17.

IC 33-38-13-6
"Masters" defined
    Sec. 6. As used in this chapter, "masters" means the specialmasters appointed by the chief justice upon request of thecommission.
As added by P.L.98-2004, SEC.17.

IC 33-38-13-7 "Presiding master" defined
    Sec. 7. As used in this chapter, "presiding master" means themaster so designated by the chief justice or, in the absence of adesignation, the justice or judge named in the order appointingmasters.
As added by P.L.98-2004, SEC.17.

IC 33-38-13-8
Age; temporary judicial duties
    Sec. 8. (a) Every justice of the supreme court and judge of thecourt of appeals shall retire at seventy-five (75) years of age.
    (b) Notwithstanding subsection (a), the supreme court mayauthorize retired justices and judges to perform temporary judicialduties in any state court.
As added by P.L.98-2004, SEC.17.

IC 33-38-13-9
Meeting of commissioners
    Sec. 9. (a) The commission shall meet as necessary to dischargeits statutory and constitutional responsibilities. Meetings of thecommission shall be called in the same manner as prescribed for thejudicial nominating commission. Four (4) members of thecommission constitute a quorum for the transaction of business.
    (b) Meetings of the commission shall be held in Indiana as thechairman of the commission arranges.
    (c) The commission may act only at a meeting. The commissionmay adopt rules and regulations to conduct meetings and dischargeits duties.
As added by P.L.98-2004, SEC.17.

IC 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 theinstitution of formal proceedings under section 14 of this chapter areconfidential unless:
        (1) the justice or judge against whom a recommendation hasbeen filed elects to have the information divulged; or
        (2) the commission elects to answer publicly disseminatedstatements issued by any complainant.
    (b) All papers filed with the commission during and after theinstitution of formal proceedings are open for public inspection at allreasonable times. Records of commission proceedings are open forpublic inspection at all reasonable times. After the institution offormal proceedings, all hearings and proceedings before thecommission or before the masters appointed under this chapter areopen to the public.
As added by P.L.98-2004, SEC.17.

IC 33-38-13-11 Privileged information
    Sec. 11. Filing papers with and giving testimony before thecommission or the masters appointed by the supreme court under thischapter are privileged.
As added by P.L.98-2004, SEC.17.

IC 33-38-13-12
Complaint
    Sec. 12. (a) A complaint filed with the commission must be inwriting and directed to the commission or to any member of thecommission.
    (b) A specified form of complaint may not be required.
As added by P.L.98-2004, SEC.17.

IC 33-38-13-13
Complaint; investigation
    Sec. 13. (a) Any Indiana citizen may complain to the commissionabout the activities, fitness, or qualifications of a judge or justice.Upon receiving a complaint, the commission shall determine if thecomplaint is founded and not frivolous. If the commission determinesthat the complaint is frivolous or malicious, the commission shall filewith the proper court charges against the complainant. Thecommission, without receiving a complaint, may conduct an initialinquiry on its own motion.
    (b) If the commission determines it is necessary to investigate ajustice or judge, the commission shall notify the justice or judge byprepaid registered or certified mail addressed to the justice or judgeat the justice's or judge's chambers and last known residence. Thenotice must contain information concerning the following:
        (1) The investigation.
        (2) The nature of the complaint.
        (3) The origin of the complaint, including the name of thecomplainant or that the investigation is on the commission'smotion.
        (4) The opportunity to present matters as the justice or judgemay choose.
If the investigation does not disclose sufficient cause to warrantfurther proceedings the justice or judge shall be so notified.
    (c) The commission may do the following:
        (1) Make investigations or employ special investigators.
        (2) Hold confidential hearings with the complainant or thecomplainant's agents or attorneys.
        (3) Hold confidential hearings with the judge or justiceinvolved in the complaint.
    (d) If:
        (1) the commission's initial inquiry or investigation does notdisclose sufficient cause to warrant further proceedings; and
        (2) the complainant issues a public statement relating to theactivities or actions of the commission;
the commission may answer the statement by referring to the record

of its proceedings or the results of its investigation.
As added by P.L.98-2004, SEC.17.

IC 33-38-13-14
Notice of formal proceedings
    Sec. 14. (a) If the commission concludes, after investigation, toinstitute formal proceedings against a justice or judge, thecommission shall give written notice of the proceedings to the justiceor judge by registered or certified mail addressed to the judge at thejudge's chambers and last known residence. The proceedings must beentitled:
    "BEFORE THE INDIANA JUDICIAL
    QUALIFICATIONS COMMISSION
    Inquiry Concerning a (Justice) Judge, No. _______".
    (b) The notice must:
        (1) be issued in the name of the commission;
        (2) specify in ordinary and concise language the charges againstthe justice or judge and the alleged facts upon which thecharges are based; and
        (3) advise the justice or judge of the justice's or judge's right tofile a written answer to the charges not more than twenty (20)days after service of the notice.
A charge is not sufficient if it merely recites the general language ofthe original complaint, but must specify the facts relied upon tosupport a particular charge.
    (c) A copy of the notice shall be filed in the office of thecommission.
As added by P.L.98-2004, SEC.17.

IC 33-38-13-15
Answer
    Sec. 15. Not more than twenty (20) days after service of the noticeof 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.
As added by P.L.98-2004, SEC.17.

IC 33-38-13-16
Setting for hearing before commission or masters
    Sec. 16. (a) Upon the filing of or the expiration of time for filingan answer, the commission shall:
        (1) hold a hearing concerning the discipline, retirement, orremoval of the justice or judge; or
        (2) request the supreme court to appoint three (3) active orretired justices or judges of courts of record as special mastersto hear and take evidence and report to the commission.
    (b) The commission shall:
        (1) set a date, time, and place for a hearing under subsection (a);and        (2) give notice of the hearing by registered or certified mail tothe justice or judge, the masters, and the counsel not less thantwenty (20) days before the date of the hearing.
As added by P.L.98-2004, SEC.17.

IC 33-38-13-17
Hearing
    Sec. 17. (a) The commission or a master may proceed with ascheduled hearing whether or not the judge files an answer orappears at the hearing.
    (b) The failure of a justice or judge to answer or appear at thehearing may not be taken as evidence of the truth of the facts allegedto constitute grounds for censure, retirement, or removal. In aproceeding for involuntary retirement for disability, the failure of ajustice or judge to testify in the justice's or judge's behalf or tosubmit to a medical examination requested by the commission or themasters may be considered, unless the failure was due tocircumstances beyond the justice's or judge's control.
    (c) The hearing shall be reported verbatim.
    (d) At least four (4) commission members must be present whenevidence is produced at a hearing before the commission.
As added by P.L.98-2004, SEC.17.

IC 33-38-13-18
Evidence
    Sec. 18. The Indiana Rules of Evidence apply at a hearing beforethe commission or the masters.
As added by P.L.98-2004, SEC.17.

IC 33-38-13-19
Rights of judge; proceedings; notice; incapacity
    Sec. 19. (a) In formal proceedings involving a justice's or judge'sdiscipline, retirement, or removal, the justice or judge may do thefollowing:
        (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 orproduce evidentiary matter under section 31 of this chapter.
    (b) The commission shall transcribe the testimony and provide acopy at no cost to the justice or judge. The justice or judge is entitledto have any part of the testimony transcribed at the justice's or judge'sexpense.
    (c) Except as otherwise provided in this chapter, notice or anyother matter shall be sent to a justice or judge by registered orcertified mail to the justice or judge at the justice's or judge's officeand residence unless the justice or judge requests otherwise inwriting. A copy of the notice or other matter must be mailed to thejustice's or judge's attorney of record.
    (d) If a justice or judge has been adjudged incapacitated under

IC 29-3, the justice's or judge's guardian may claim and exercise anyright and privilege and make any defense for the justice or judge withthe same force and effect as if claimed, exercised, or made by thejustice or judge if competent. If the rules provide for serving orgiving notice or sending any matter to the justice or judge, a copy ofany notice or other matter sent to the justice or judge also shall beserved, given, or sent to the justice's or judge's guardian.
As added by P.L.98-2004, SEC.17.

IC 33-38-13-20
Amendments to notice or answer
    Sec. 20. The masters, at any time before the conclusion of thehearing, or the commission, at any time before its determination:
        (1) may allow or require amendments to the notice of formalproceedings; and
        (2) may allow amendments to the answer.
The notice may be amended to conform to proof or to set forthadditional facts whether occurring before or after the commencementof the hearing. If an amendment is made, the justice or judge shall begiven reasonable time both to answer the amendment and to prepareand present a defense.
As added by P.L.98-2004, SEC.17.

IC 33-38-13-21
Report of masters
    Sec. 21. (a) After a hearing, the masters shall promptly prepareand transmit to the commission an original and four (4) copies of atranscript of the hearing and an original and four (4) copies of areport that contains a brief statement of the proceedings and themasters' recommended findings of fact. The recommended findingsof facts are not binding upon the commission.
    (b) Upon receiving the report of the masters, the commission shallmail a copy of the report and transcript to the justice or judge and thecounsel.
As added by P.L.98-2004, SEC.17.

IC 33-38-13-22
Objections to report of masters
    Sec. 22. Not more than fifteen (15) days after the commissionmails a copy of the report of the masters to the justice or judge, thecounsel or the justice or judge may file with the commission anoriginal and one (1) copy of objections to the report of masters. If thecounsel files objections, the counsel shall mail a copy of theobjections to the justice or judge. If the justice or judge filesobjections, the justice or judge shall send a copy of the objections byregistered or certified mail to the counsel.
As added by P.L.98-2004, SEC.17.

IC 33-38-13-23
Appearance before commission    Sec. 23. If objections to a report of the masters under section 21of this chapter are not timely filed, the commission may adopt therecommended findings of the masters without a hearing. If objectionsare timely filed, or if objections are not timely filed and thecommission proposes to modify or reject the recommended findingsof the masters, the commission shall give the justice or judge and thecounsel an opportunity to be heard before the commission in thecounty in which the justice or judge resides. The commission shallmail written notice of the time and place of the hearing to the justiceor judge and the counsel not less than ten (10) days before thehearing.
As added by P.L.98-2004, SEC.17.

IC 33-38-13-24
Extension of time
    Sec. 24. (a) The chairman of the commission may extend the timefor:
        (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 chairmanof the commission, extend the time for conducting a hearing beforethe masters.
As added by P.L.98-2004, SEC.17.

IC 33-38-13-25
Hearings; additional evidence
    Sec. 25. The commission may order a hearing to take additionalevidence at any time while a matter is pending before it. The hearingmust be in the county in which the justice or judge resides. The ordermust set the time and place of the hearing and shall indicate thematters on which evidence will be taken. The commission shall senda copy of the order to the judge and the counsel not less than ten (10)days before the hearing. If masters have been appointed, the hearingshall be before the masters, and the hearing must conform withsections 18 through 24 of this chapter and this section.
As added by P.L.98-2004, SEC.17.

IC 33-38-13-26
Vote or recommendation for censure, retirement, or removal
    Sec. 26. If the commission finds good cause, it shall recommendto the supreme court the censure, retirement, or removal of a justiceor judge. If a hearing is before the masters, the affirmative vote offour (4) members of the commission is required to recommendcensure, retirement, or removal of a justice or judge. If a hearing isbefore the commission, the affirmative vote of four (4) members ofthe commission, including a majority of the members who werepresent at the hearing, is required to recommend censure, retirement,or removal of a justice or judge.
As added by P.L.98-2004, SEC.17.
IC 33-38-13-27
Record of commission proceedings
    Sec. 27. The commission shall keep a record of all formalproceedings concerning a judge. The commission shall record itsdetermination and mail notice of the determination to the justice orjudge and the counsel. If the commission recommends censure,retirement, or removal, the commission shall prepare a transcript ofthe evidence and proceedings and shall make written findings of factand conclusions of law.
As added by P.L.98-2004, SEC.17.

IC 33-38-13-28
Certification of commission recommendation to supreme court
    Sec. 28. Upon recommending the censure, retirement, or removalof a justice or judge, the commission shall promptly file thefollowing with the clerk of the supreme court:
        (1) A copy of the recommendation certified by the chairman orsecretary of the commission.
        (2) A transcript of the evidence.
        (3) Findings of fact and conclusions of law.
The commission shall promptly mail to the justice or judge and thecounsel notice of the filing and copies of the filed documents.
As added by P.L.98-2004, SEC.17.

IC 33-38-13-29
Petition for modification or rejection of commission'srecommendation
    Sec. 29. (a) Not more than thirty (30) days after a certified copyof the commission's recommendation is filed with the clerk of thesupreme court, a justice or judge may petition the supreme court tomodify or reject the commission's recommendation.
    (b) The justice or judge shall verify the petition. The petition mustbe based on the record. The petition must specify the grounds reliedon and must be accompanied by the petitioner's brief and proof ofservice of two (2) copies of the petition and brief on the commissionand one (1) copy of the petition and brief on the counsel.
    (c) Not more than twenty (20) days after service of the petitioner'sbrief, the commission shall file a respondent's brief and serve a copyon the justice or judge. Not more than twenty (20) days after serviceof respondent's brief, the petitioner may file a reply brief and shallserve two (2) copies on the commission and one (1) copy on thecounsel.
    (d) Failure to timely file a petition is considered consent to thedetermination on the merits based upon the record filed by thecommission.
    (e) To the extent necessary and not inconsistent with this section,the Indiana Rules of Appellate Procedure apply to reviews by thesupreme court of commission proceedings.
As added by P.L.98-2004, SEC.17.
IC 33-38-13-30
Jurisdiction and powers
    Sec. 30. The commission has jurisdiction and powers necessaryto conduct the proper and speedy disposition of any investigation orhearing, including the powers to depose witnesses and to order theproduction of documentary evidence. A member of the commissionor a master may administer oaths to witnesses in a matter under thecommission's jurisdiction.
As added by P.L.98-2004, SEC.17.

IC 33-38-13-31
Subpoenas
    Sec. 31. (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 thesubpoena in the manner provided by law.
    (b) The chairman of the commission may issue a subpoena for:
        (1) the attendance of witnesses;
        (2) the production of documentary evidence; or
        (3) discovery;
in a proceeding before the commission in which masters have notbeen appointed. The chairman shall serve the subpoena in the mannerprovided by law.
As added by P.L.98-2004, SEC.17.

IC 33-38-13-32
Enforcement of subpoena
    Sec. 32. If a witness in a commission proceeding:
        (1) fails or refuses to attend upon subpoena; or
        (2) refuses to testify or produce documentary evidencedemanded by subpoena;
a circuit court may enforce the subpoena.
As added by P.L.98-2004, SEC.17.

IC 33-38-13-33
Filing papers and pleadings
    Sec. 33. All papers and pleadings filed with the office of thechairman of the commission are considered to have been filed withthe commission.
As added by P.L.98-2004, SEC.17. Amended by P.L.2-2005,SEC.111.

IC 33-38-13-34
Discovery; admissibility of evidence; demand for formalproceeding or finding
    Sec. 34. (a) In all formal proceedings, discovery is available to thecommission and the judge or justice under the Indiana Rules of CivilProcedure. A motion requesting a discovery order must be made to

the circuit court judge in the county in which the commission hearingis held.
    (b) In all formal proceedings, the counsel shall provide thefollowing to the judge or justice at least twenty (20) days before thehearing:
        (1) The names and addresses of all witnesses whose testimonythe counsel expects to offer at the hearing.
        (2) Copies of all written statements and transcripts of testimonyof witnesses described in subdivision (1) that:
            (A) are in the possession of the counsel or the commission;
            (B) are relevant to the hearing; and
            (C) have not previously been provided to the justice orjudge.
        (3) Copies of all documentary evidence that the counsel expectsto offer in evidence at the hearing.
    (c) Upon objection of the justice or judge, the following are notadmissible in a hearing:
        (1) The testimony of a witness whose name and address havenot been furnished to the judge or justice under subsection (b).
        (2) Documentary evidence that has not been furnished to thejudge or justice under subsection (b).
    (d) After formal proceedings have been instituted, the justice orjudge may request in writing that the counsel furnish to the justice orjudge the names and addresses of all witnesses known at any time tothe counsel who have information that may be relevant to a chargeagainst or a defense of the justice or judge. The counsel shall provideto the justice or judge copies of documentary evidence that:
        (1) are known at any time to the counsel or in the possession atany time of the counsel or the commission;
        (2) are relevant to a charge against or defense of the justice orjudge; and
        (3) have not previously been provided to the justice or judge.
The counsel shall comply with a request under this subsection notmore than ten (10) days after receiving the request and not more thanten (10) days after the counsel becomes aware of the information orevidence.
    (e) During the course of an investigation by the commission, thejustice or judge whose conduct is being investigated may demand inwriting that the commission:
        (1) institute formal proceedings against the justice or judge; or
        (2) enter a formal finding that there is not probable cause tobelieve that the justice or judge is guilty of any misconduct.
The commission shall comply with a request under this subsectionnot more than sixty (60) days after receiving the request. A copy ofthe request shall be filed with the supreme court. If the commissionfinds that there is not probable cause, the commission shall file thefinding with the supreme court. A document filed with the supremecourt under this subsection is a matter of public record.
As added by P.L.98-2004, SEC.17.
IC 33-38-13-35
Exclusion
    Sec. 35. This chapter does not encroach upon or impair the vestedrights of a justice or judge or the surviving spouse of a justice orjudge under any constitutional or statutory retirement program.
As added by P.L.98-2004, SEC.17.