IC 33-38-14
    Chapter 14. The Commission on Judicial Qualifications and theDiscipline of Judges of Superior, Probate, Juvenile, and CriminalCourts

IC 33-38-14-1
Purpose
    Sec. 1. It is the purpose of this chapter to provide that judges ofsuperior, probate, juvenile, or criminal courts in counties describedin section 9 of this chapter are subject to disciplinary action on thegrounds and in the manner set forth in this chapter.
As added by P.L.98-2004, SEC.17.

IC 33-38-14-2
"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 33-38-14-3
"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 or thecommission 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 33-38-14-4
"Judge" defined
    Sec. 4. As used in this chapter, "judge" means a judge of asuperior or probate court.
As added by P.L.98-2004, SEC.17.

IC 33-38-14-5
"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 33-38-14-6
"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 33-38-14-7 "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 33-38-14-8
Commission on judicial qualifications
    Sec. 8. Subject to section 9 of this chapter, the commission is thecommission on judicial qualifications for judges of trial courts. Themembers of the commission on judicial qualifications for the courtof appeals and the supreme court are the members of the commissionon judicial qualifications for judges of the trial courts.
As added by P.L.98-2004, SEC.17. Amended by P.L.65-2004,SEC.17.

IC 33-38-14-9
Disciplinary jurisdiction over judges
    Sec. 9. (a) The commission shall exercise disciplinary jurisdictionover judges of trial courts.
    (b) In a county in which a commission on judicial qualificationsoperated by virtue of law before July 26, 1973, the countycommission on judicial qualifications ceases to exercise disciplinaryjurisdiction over the county courts and the commission shall exercisedisciplinary jurisdiction. However, if the law creating a countycommission on judicial qualifications in a county before July 26,1973, precluded judges subject to its disciplinary jurisdiction fromparticipating in political activities because the judges are selected bya merit system, the judges are precluded from participating inpolitical activities.
    (c) The operation and function of a judicial nominatingcommission operating in a county by virtue of law before July 26,1973, is not affected by this chapter.
As added by P.L.98-2004, SEC.17. Amended by P.L.65-2004,SEC.18.

IC 33-38-14-10
Disqualification; suspension; retirement; censure; removal
    Sec. 10. (a) A judge is disqualified from acting as a judicialofficer, without loss of salary, while there is pending:
        (1) an indictment or information charging the judge in a UnitedStates court with a crime punishable as a felony under Indianaor federal law; or
        (2) a recommendation to the supreme court by the commissionfor the judge's removal or retirement.
    (b) On recommendation of the commission or on its own motion,the supreme court may suspend a judge from office without salary ifin a United States court the judge pleads guilty or no contest or isfound guilty of a crime that:        (1) is punishable as a felony under Indiana or federal law; or
        (2) involves moral turpitude under the law.
If the judge's conviction is reversed, the suspension terminates andthe judge shall be paid the judge's salary for the period of suspension.If the judge's conviction becomes final, the supreme court shallremove the judge from office.
    (c) On recommendation of the commission, the supreme courtmay:
        (1) retire a judge for a disability that:
            (A) seriously interferes with the performance of the judge'sduties; and
            (B) is or is likely to become permanent; and
        (2) censure or remove a judge for an action that:
            (A) occurs not more than six (6) years before the beginningof the judge's current term; and
            (B) constitutes at least one (1) of the following:
                (i) Willful misconduct in office.
                (ii) Willful or persistent failure to perform the judge'sduties.
                (iii) Habitual intemperance.
                (iv) Conduct prejudicial to the administration of justicethat brings the judicial office into disrepute.
A judge retired under this subsection is considered to have retiredvoluntarily. A judge removed under this subsection is ineligible forjudicial office and, pending further order of the supreme court, issuspended from the practice of law in Indiana.
As added by P.L.98-2004, SEC.17.

IC 33-38-14-11
Meetings of commissioners
    Sec. 11. (a) The commission shall meet as necessary to dischargeits statutory responsibilities. Meetings of the commission shall becalled in the same manner as prescribed for the judicial nominatingcommission. Four (4) members of the commission constitute aquorum.
    (b) Commission meetings are to be held in Indiana on the call ofthe chairman.
    (c) The commission may act only at a meeting. The commissionmay adopt rules and regulations to conduct its meetings anddischarge its duties.
As added by P.L.98-2004, SEC.17.

IC 33-38-14-12
Confidentiality of proceedings; public inspection
    Sec. 12. (a) Papers filed with and proceedings before thecommission before the institution of formal proceedings areconfidential unless:
        (1) the judge against whom a recommendation is filed elects tohave the information divulged; or
        (2) the commission elects to answer public statements by a

complainant.
    (b) Papers filed with the commission during or after the institutionof formal proceedings are open for public inspection at all reasonabletimes. Records of commission proceedings are open for publicinspection at all reasonable times. All hearings and proceedingsbefore the commission, after the institution of formal proceedings,are open to the public.
As added by P.L.98-2004, SEC.17.

IC 33-38-14-13
Privilege
    Sec. 13. Filing papers with or giving testimony before thecommission or the masters under this chapter is privileged.
As added by P.L.98-2004, SEC.17.

IC 33-38-14-14
Commission; complaint
    Sec. 14. (a) Any citizen of Indiana may file with the commissiona written and verified complaint on the judicial fitness of a judge ofa superior, criminal, juvenile, or probate court of Indiana.
    (b) A specified form of complaint may not be required.
As added by P.L.98-2004, SEC.17.

IC 33-38-14-15
Request of justice or judge to retire; complaint by citizen or oncommission'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 aboutthe activities, fitness, or qualifications of a judge. Upon receipt of acomplaint, the commission shall determine if the complaint isfrivolous. The commission may, on its own motion, inquire into theactivities, fitness, or qualifications of a judge.
    (c) If the commission determines it is necessary to investigate ajudge, the commission shall notify the judge by prepaid registered orcertified mail addressed to the judge at the judge's chambers and lastknown residence of 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 in the court of the investigationmatters as the judge chooses.
    (d) The commission may do the following:
        (1) Conduct investigations.
        (2) Employ special investigators.
        (3) Hold confidential hearings with the judge's or commission'sagents or attorneys.
        (4) Hold confidential hearings with any judge involved.
    (e) If:        (1) the commission's initial inquiry or investigation does notdisclose sufficient cause to warrant further proceedings; and
        (2) the complainant subsequently issues any public statementrelating to the activities or actions of the commission;
the commission may answer the statement by referring to the recordof proceedings or the results of the investigations.
As added by P.L.98-2004, SEC.17.

IC 33-38-14-16
Notice of formal proceedings
    Sec. 16. (a) If the commission decides to institute formalproceedings, the commission shall give written notice to the judgeadvising the judge of the institution of formal proceedings to inquireinto the charges against judge. The proceedings must be entitled:
    "BEFORE THE INDIANA JUDICIAL QUALIFICATIONSCOMMISSION
    Inquiry Concerning a Judge, No. _______".
    (b) The notice must:
        (1) specify in ordinary and concise language the charges againstthe judge and the alleged facts upon which the charges arebased; and
        (2) advise the judge of the judge's right to file a written answernot more then twenty (20) days after service of notice.
A charge is not sufficient if it recites the general language of theoriginal complaint.
    (c) The notice shall be made upon the judge by registered orcertified mail addressed to the judge at the judge's chambers and lastknown residence.
As added by P.L.98-2004, SEC.17.

IC 33-38-14-17
Answer
    Sec. 17. Not more than twenty (20) days after service of the noticeof 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.
As added by P.L.98-2004, SEC.17.

IC 33-38-14-18
Setting for hearing before commission or masters
    Sec. 18. (a) Upon the filing of or the expiration of the time forfiling 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 orretired judges of courts of record as special masters to hear andtake evidence on the matter and to report to the commission.
    (b) The commission shall:
        (1) set a time and place in the state in which the judge involved

resides for a hearing; and
        (2) mail notice of the hearing to the judge, the masters, and thecounsel at least twenty (20) days before the hearing date.
As added by P.L.98-2004, SEC.17.

IC 33-38-14-19
Hearing
    Sec. 19. (a) The commission, or the masters when the hearing isbefore the masters, may proceed with the hearing whether or not thejudge files an answer or appears at the hearing.
    (b) The failure of a judge to answer or to appear at the hearing byitself is not evidence of the facts alleged and does not constitutegrounds for censure, retirement, or removal. In a proceeding forinvoluntary retirement for disability, the failure of a judge to testifyin the judge's own behalf or to submit to a medical examinationrequested by the commission or the masters may be considered,unless the failure was due to circumstances beyond the judge'scontrol.
    (c) The hearing shall be reported verbatim.
    (d) At a hearing before the commission, not less than four (4)members must be present when the evidence is produced.
As added by P.L.98-2004, SEC.17.

IC 33-38-14-20
Evidence
    Sec. 20. The Indiana Rules of Evidence apply at a hearing beforethe commission or the masters.
As added by P.L.98-2004, SEC.17.

IC 33-38-14-21
Rights of a judge; notice; incapacitation
    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 orproduce evidentiary matter.
    (b) If testimony is transcribed at the expense of the commission,a copy shall be provided to the judge at no cost. The judge is entitledto have testimony transcribed at the judge's expense.
    (c) Except as otherwise provided in this chapter, any notice ormatter sent to the judge shall be mailed by registered or certified mailto the judge at the judge's office and residence unless the judgerequests otherwise in writing. A copy of the notice or matter shall bemailed to the judge's counsel.
    (d) If a judge has been adjudicated incapacitated under IC 29-3,the judge's guardian may exercise any right or privilege and makeany defense for the judge as if exercised or made by the judge. If anynotice or matter is sent to the judge, a copy of the notice or matter

also shall be sent to the judge's guardian.
As added by P.L.98-2004, SEC.17.

IC 33-38-14-22
Amendments to notice or answer
    Sec. 22. The masters, before the conclusion of the hearing, or thecommission, before its determination, may allow or requireamendments to the notice of formal proceedings and may allowamendments to the answer. The notice may be amended to conformto proof or to set forth additional facts. If an amendment is made, thejudge shall be given reasonable time to answer the amendment andto prepare and present a defense.
As added by P.L.98-2004, SEC.17.

IC 33-38-14-23
Report of masters
    Sec. 23. (a) After a hearing before the masters, the masters shallpromptly transmit to the commission an original and four (4) copiesof:
        (1) a transcript of the hearing; and
        (2) a report that contains a brief statement of the proceedingsand recommended findings of fact.
The recommended findings of facts are not binding on thecommission.
    (b) Upon receiving the report of the masters, the commission shallpromptly mail a copy of the report and transcript to the judge and thejudge's counsel.
As added by P.L.98-2004, SEC.17.

IC 33-38-14-24
Objections to report of masters
    Sec. 24. Not more than fifteen (15) days after a copy of the reportof the masters is mailed to the judge, the counsel or the judge mayfile with the commission an original and one (1) copy of objectionsto the report of the masters. If the counsel files objections, thecounsel shall mail a copy of the objections to the judge. If the judgefiles objections, the judge shall mail a copy of the objections to thecounsel.
As added by P.L.98-2004, SEC.17.

IC 33-38-14-25
Appearance before commission
    Sec. 25. If objections to the report of the masters are not timelyfiled, the commission may adopt the recommended findings of themasters without a hearing. If objections are timely filed, or ifobjections are not timely filed and the commission proposes tomodify or reject the recommended findings of the masters, thecommission shall give the judge and the counsel an opportunity to beheard in the county where the judge resides. The commission shallmail to the judge and the counsel written notice of the time and place

of the hearing not less than ten (10) days before the hearing.
As added by P.L.98-2004, SEC.17.

IC 33-38-14-26
Extension of time
    Sec. 26. (a) The chairman of the commission may extend the timefor:
        (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 thecommission, may extend the time for commencing a hearing beforethe masters.
As added by P.L.98-2004, SEC.17.

IC 33-38-14-27
Hearing additional evidence
    Sec. 27. (a) The commission may order a hearing to takeadditional evidence at any time while the matter is pending beforethe commission. The order must set the time and place of the hearingin the county in which the judge resides and must indicate thematters on which evidence will be taken. A copy of the order shall bemailed to the judge and the counsel at least ten (10) days before thehearing.
    (b) If masters have been appointed, the hearing of additionalevidence is before the masters in accordance with this chapter.
As added by P.L.98-2004, SEC.17.

IC 33-38-14-28
Vote or recommendation for discipline, retirement, or removal
    Sec. 28. If the commission finds good cause, it shall recommendto the supreme court the discipline, retirement, or removal of a judge.If a hearing is before the masters, the affirmative vote of four (4)commission members is required to recommend the discipline,retirement, or removal of a judge. If a hearing is before thecommission, the affirmative vote of four (4) commission members,including a majority of the members present at the hearing, isrequired to recommend the discipline, retirement, or removal of ajudge.
As added by P.L.98-2004, SEC.17.

IC 33-38-14-29
Record of commission proceedings
    Sec. 29. The commission shall keep a record of all formalproceedings concerning a judge. The commission shall enter itsdetermination in the record and mail notice to the judge and thecounsel. If the commission recommends the discipline, retirement, orremoval of a judge to the supreme court, the commission shallprepare a transcript of the evidence and proceedings and shall makewritten findings of fact and conclusions of law.As added by P.L.98-2004, SEC.17.

IC 33-38-14-30
Certification of commission recommendation to supreme court
    Sec. 30. Upon recommending the discipline, retirement, orremoval of a judge, the commission shall file a copy of each of thefollowing with the clerk of the supreme court:
        (1) The recommendation certified by the chairman or secretaryof the commission.
        (2) The transcript.
        (3) The findings of fact and conclusions of law.
The commission shall mail to the judge and the counsel notice of thefiling and copies of the filed documents.
As added by P.L.98-2004, SEC.17.

IC 33-38-14-31
Petition for modification or rejection of commission'srecommendation
    Sec. 31. (a) A judge may petition the supreme court to modify orreject the recommendation of the commission for discipline,retirement, or removal of the judge not more than thirty (30) daysafter the certified copy of the commission's recommendation is filedwith the clerk of the supreme court.
    (b) A petition described in subsection (a) must:
        (1) be verified;
        (2) be based on the record;
        (3) specify the grounds relied on; and
        (4) be accompanied by the petitioner's brief and proof of serviceof 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 copyof the brief on the judge.
    (d) Not more than twenty (20) days after service of therespondent's brief, the judge may file a reply brief. The judge shallserve two (2) copies of the reply brief on the commission and one (1)copy of the reply brief on the counsel.
    (e) Failure to timely file a petition is considered consent to thedetermination on the merits based on the record filed by thecommission.
    (f) 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 33-38-14-32
Jurisdiction and powers
    Sec. 32. The commission has jurisdiction and powers to disposeof 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 andaffirmations to witnesses in a matter under the jurisdiction of thecommission.
As added by P.L.98-2004, SEC.17.

IC 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 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 or 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 33-38-14-34
Enforcement of subpoena
    Sec. 34. 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 33-38-14-35
Filing
    Sec. 35. All papers and pleadings filed with the office of thechairman of the commission are considered filed with thecommission.
As added by P.L.98-2004, SEC.17.

IC 33-38-14-36
Discovery; admissibility of evidence; demand for formalproceeding or finding
    Sec. 36. (a) In all formal proceedings, discovery is available to thecommission and the judge under the Indiana Rules of CivilProcedure. A motion requesting a discovery order must be made tothe circuit court in the county in which the commission hearing isheld.
    (b) In all formal proceedings, the counsel shall provide thefollowing to the judge at least twenty (20) days before a hearing:        (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 been provided to the judge.
        (3) Copies of all documentary evidence that the counsel expectsto introduce at the hearing.
    (c) On objection by a judge, the testimony of a witness whosename and address have not been furnished to the judge anddocumentary evidence that has not been furnished to the judge, arenot admissible at a hearing.
    (d) After formal proceedings have been instituted, a judge mayrequest in writing that the counsel provide the judge the names andaddresses of all witnesses known at any time to the counsel who haveinformation that may be relevant to any charge against or any defenseof the judge. The counsel shall provide copies of written statements,transcripts of testimony, and documentary evidence that:
        (1) are in the commission counsel's possession at any time;
        (2) are relevant to a charge against or defense of the judge; and
        (3) have not been furnished to the judge.
The counsel shall comply with the request not more than ten (10)days after receiving the request or not more than ten (10) days afterany information or evidence becomes known to the counsel.
    (e) During an investigation by the commission, a judge whoseconduct is being investigated may demand in writing that thecommission institute formal proceedings against the judge or entera formal finding that there is not probable cause to believe the judgeis guilty of misconduct. Not more than sixty (60) days after receivinga written demand, the commission shall comply with the demand. Acopy of the demand shall be filed in the supreme court and is amatter of public record. If the commission finds there is not probablecause, the finding shall be filed in the supreme court and is a matterof public record.
As added by P.L.98-2004, SEC.17.