IC 33-38-14
Chapter 14. The Commission on Judicial Qualifications and the
Discipline of Judges of Superior, Probate, Juvenile, and Criminal
Courts
IC 33-38-14-1 Purpose
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. 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 the
commission on judicial qualifications described in Article 7, Section
9 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 lawyer
designated by the commission to:
(1) gather and present evidence before the masters or the
commission with respect to the charges against a judge; and
(2) represent the commission before the supreme court in
connection 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 a
superior 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 or
personal 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 special
masters appointed by the chief justice upon request of the
commission. 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 the
master so designated by the chief justice or, in the absence of a
designation, the justice or judge named in the order appointing
masters. 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 the
commission on judicial qualifications for judges of trial courts. The
members of the commission on judicial qualifications for the court
of appeals and the supreme court are the members of the commission
on 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 jurisdiction
over judges of trial courts.
(b) In a county in which a commission on judicial qualifications
operated by virtue of law before July 26, 1973, the county
commission on judicial qualifications ceases to exercise disciplinary
jurisdiction over the county courts and the commission shall exercise
disciplinary jurisdiction. However, if the law creating a county
commission on judicial qualifications in a county before July 26,
1973, precluded judges subject to its disciplinary jurisdiction from
participating in political activities because the judges are selected by
a merit system, the judges are precluded from participating in
political activities.
(c) The operation and function of a judicial nominating
commission 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 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 the commission
for 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 if
in a United States court the judge pleads guilty or no contest or is
found 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 and
the judge shall be paid the judge's salary for the period of suspension.
If the judge's conviction becomes final, the supreme court shall
remove the judge from office.
(c) On recommendation of the commission, the supreme court
may:
(1) retire a judge for a disability that:
(A) seriously interferes with the performance of the judge's
duties; 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 beginning
of 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's
duties.
(iii) Habitual intemperance.
(iv) Conduct prejudicial to the administration of justice
that brings the judicial office into disrepute.
A judge retired under this subsection is considered to have retired
voluntarily. A judge removed under this subsection is ineligible for
judicial office and, pending further order of the supreme court, is
suspended 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 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 chairman.
(c) The commission may act only at a meeting. The commission
may adopt rules and regulations to conduct its meetings and
discharge 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 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 after the institution
of formal proceedings are open for public inspection at all reasonable
times. Records of commission proceedings are open for public
inspection at all reasonable times. All hearings and proceedings
before 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 the
commission 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 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. 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 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, fitness, or qualifications of a judge.
(c) If the commission determines it is necessary to investigate a
judge, the commission shall notify the judge by prepaid registered or
certified mail addressed to the judge at the judge's chambers and last
known residence of the following:
(1) The investigation.
(2) The nature of the complaint.
(3) The origin of the complaint, including the name of the
complainant or that the investigation is on the commission's
motion.
(4) The opportunity to present in the court of the investigation
matters 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's
agents or attorneys.
(4) Hold confidential hearings with any judge involved.
(e) If:
(1) the commission's initial inquiry or investigation does not
disclose sufficient cause to warrant further proceedings; and
(2) the complainant subsequently issues any public statement
relating to the activities or actions of the commission;
the commission may answer the statement by referring to the record
of 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 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 notice must:
(1) specify in ordinary and concise language the charges against
the judge and the alleged facts upon which the charges are
based; and
(2) advise the judge of the judge's right to file a written answer
not more then twenty (20) days after service of notice.
A charge is not sufficient if it recites the general language of the
original complaint.
(c) The notice shall be made upon the judge by registered or
certified mail addressed to the judge at the judge's chambers and last
known 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 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. 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 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 special masters to hear and
take 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 the
counsel 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 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 alleged and does not constitute
grounds for censure, retirement, or removal. In a proceeding for
involuntary retirement for disability, the failure of a judge to testify
in the judge's own behalf or to submit to a medical examination
requested by the commission or the masters may be considered,
unless the failure was due to circumstances beyond the judge's
control.
(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 before
the 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 or
produce 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 entitled
to have testimony transcribed at the judge's expense.
(c) Except as otherwise provided in this chapter, any notice or
matter sent to the judge shall be mailed by registered or certified mail
to the judge at the judge's office and residence unless the judge
requests otherwise in writing. A copy of the notice or matter shall be
mailed 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 make
any defense for the judge as if exercised or made by the judge. If any
notice 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 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
judge shall be given reasonable time to answer the amendment and
to 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 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 on the
commission.
(b) Upon receiving the report of the masters, the commission shall
promptly mail a copy of the report and transcript to the judge and the
judge'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 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 a copy of the objections to the judge. If the judge
files objections, the judge shall mail a copy of the objections to the
counsel. 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 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 shall give the judge and the counsel an opportunity to be
heard in the county where the judge resides. The commission shall
mail 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 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 before
the 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 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 copy of the order shall be
mailed to the judge and the counsel at least ten (10) days before the
hearing.
(b) If masters have been appointed, the hearing of additional
evidence 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 recommend
to 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 the
commission, the affirmative vote of four (4) commission members,
including a majority of the members present at the hearing, is
required to recommend the discipline, retirement, or removal of a
judge. 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 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 of the evidence and proceedings and shall make
written 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, 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 commission shall mail to the judge and the counsel notice of the
filing 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'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 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 service
of two (2) copies of the petition and brief on the commission
and one (1) copy of the petition and brief on the counsel.
(c) Not more than twenty (20) days after service of the petitioner's
brief, the commission shall file a respondent's brief and serve a copy
of the brief on the judge.
(d) Not more than twenty (20) days after service of the
respondent's brief, the judge may file a reply brief. The judge shall
serve 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 the
determination on the merits based on the record filed by the
commission.
(f) To the extent necessary and not inconsistent with this section,
the Indiana Rules of Appellate Procedure apply to reviews by the
supreme 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 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 witnesses in a matter under the jurisdiction of the
commission. 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 the
subpoena 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 not
been appointed. The chairman shall serve the subpoena in the manner
provided 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 evidence
demanded 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 the
chairman of the commission are considered filed with the
commission. As added by P.L.98-2004, SEC.17.
IC 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 in the county in which the commission hearing is
held.
(b) In all formal proceedings, the counsel shall provide the
following to the judge at least twenty (20) days before a hearing:
(1) The names and addresses of all witnesses whose testimony
the counsel expects to offer at the hearing.
(2) Copies of all written statements and transcripts of testimony
of 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 expects
to introduce at the hearing.
(c) On objection by a judge, the testimony of a witness whose
name and address have not been furnished to the judge and
documentary evidence that has not been furnished to the judge, are
not admissible at a hearing.
(d) After formal proceedings have been instituted, a judge may
request in writing that the counsel provide the judge the names and
addresses of all witnesses known at any time to the counsel who have
information that may be relevant to any charge against or any defense
of 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 after
any information or evidence becomes known to the counsel.
(e) During an investigation by the commission, a judge whose
conduct is being investigated may demand in writing that the
commission institute formal proceedings against the judge or enter
a formal finding that there is not probable cause to believe the judge
is guilty of misconduct. Not more than sixty (60) days after receiving
a written demand, the commission shall comply with the demand. A
copy of the demand shall be filed in the supreme court and is a
matter of public record. If the commission finds there is not probable
cause, the finding shall be filed in the supreme court and is a matter
of public record. As added by P.L.98-2004, SEC.17.
IC 33-38-14
Chapter 14. The Commission on Judicial Qualifications and the
Discipline of Judges of Superior, Probate, Juvenile, and Criminal
Courts
IC 33-38-14-1 Purpose
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. 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 the
commission on judicial qualifications described in Article 7, Section
9 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 lawyer
designated by the commission to:
(1) gather and present evidence before the masters or the
commission with respect to the charges against a judge; and
(2) represent the commission before the supreme court in
connection 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 a
superior 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 or
personal 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 special
masters appointed by the chief justice upon request of the
commission. 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 the
master so designated by the chief justice or, in the absence of a
designation, the justice or judge named in the order appointing
masters. 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 the
commission on judicial qualifications for judges of trial courts. The
members of the commission on judicial qualifications for the court
of appeals and the supreme court are the members of the commission
on 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 jurisdiction
over judges of trial courts.
(b) In a county in which a commission on judicial qualifications
operated by virtue of law before July 26, 1973, the county
commission on judicial qualifications ceases to exercise disciplinary
jurisdiction over the county courts and the commission shall exercise
disciplinary jurisdiction. However, if the law creating a county
commission on judicial qualifications in a county before July 26,
1973, precluded judges subject to its disciplinary jurisdiction from
participating in political activities because the judges are selected by
a merit system, the judges are precluded from participating in
political activities.
(c) The operation and function of a judicial nominating
commission 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 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 the commission
for 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 if
in a United States court the judge pleads guilty or no contest or is
found 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 and
the judge shall be paid the judge's salary for the period of suspension.
If the judge's conviction becomes final, the supreme court shall
remove the judge from office.
(c) On recommendation of the commission, the supreme court
may:
(1) retire a judge for a disability that:
(A) seriously interferes with the performance of the judge's
duties; 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 beginning
of 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's
duties.
(iii) Habitual intemperance.
(iv) Conduct prejudicial to the administration of justice
that brings the judicial office into disrepute.
A judge retired under this subsection is considered to have retired
voluntarily. A judge removed under this subsection is ineligible for
judicial office and, pending further order of the supreme court, is
suspended 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 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 chairman.
(c) The commission may act only at a meeting. The commission
may adopt rules and regulations to conduct its meetings and
discharge 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 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 after the institution
of formal proceedings are open for public inspection at all reasonable
times. Records of commission proceedings are open for public
inspection at all reasonable times. All hearings and proceedings
before 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 the
commission 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 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. 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 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, fitness, or qualifications of a judge.
(c) If the commission determines it is necessary to investigate a
judge, the commission shall notify the judge by prepaid registered or
certified mail addressed to the judge at the judge's chambers and last
known residence of the following:
(1) The investigation.
(2) The nature of the complaint.
(3) The origin of the complaint, including the name of the
complainant or that the investigation is on the commission's
motion.
(4) The opportunity to present in the court of the investigation
matters 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's
agents or attorneys.
(4) Hold confidential hearings with any judge involved.
(e) If:
(1) the commission's initial inquiry or investigation does not
disclose sufficient cause to warrant further proceedings; and
(2) the complainant subsequently issues any public statement
relating to the activities or actions of the commission;
the commission may answer the statement by referring to the record
of 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 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 notice must:
(1) specify in ordinary and concise language the charges against
the judge and the alleged facts upon which the charges are
based; and
(2) advise the judge of the judge's right to file a written answer
not more then twenty (20) days after service of notice.
A charge is not sufficient if it recites the general language of the
original complaint.
(c) The notice shall be made upon the judge by registered or
certified mail addressed to the judge at the judge's chambers and last
known 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 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. 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 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 special masters to hear and
take 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 the
counsel 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 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 alleged and does not constitute
grounds for censure, retirement, or removal. In a proceeding for
involuntary retirement for disability, the failure of a judge to testify
in the judge's own behalf or to submit to a medical examination
requested by the commission or the masters may be considered,
unless the failure was due to circumstances beyond the judge's
control.
(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 before
the 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 or
produce 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 entitled
to have testimony transcribed at the judge's expense.
(c) Except as otherwise provided in this chapter, any notice or
matter sent to the judge shall be mailed by registered or certified mail
to the judge at the judge's office and residence unless the judge
requests otherwise in writing. A copy of the notice or matter shall be
mailed 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 make
any defense for the judge as if exercised or made by the judge. If any
notice 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 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
judge shall be given reasonable time to answer the amendment and
to 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 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 on the
commission.
(b) Upon receiving the report of the masters, the commission shall
promptly mail a copy of the report and transcript to the judge and the
judge'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 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 a copy of the objections to the judge. If the judge
files objections, the judge shall mail a copy of the objections to the
counsel. 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 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 shall give the judge and the counsel an opportunity to be
heard in the county where the judge resides. The commission shall
mail 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 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 before
the 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 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 copy of the order shall be
mailed to the judge and the counsel at least ten (10) days before the
hearing.
(b) If masters have been appointed, the hearing of additional
evidence 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 recommend
to 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 the
commission, the affirmative vote of four (4) commission members,
including a majority of the members present at the hearing, is
required to recommend the discipline, retirement, or removal of a
judge. 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 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 of the evidence and proceedings and shall make
written 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, 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 commission shall mail to the judge and the counsel notice of the
filing 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'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 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 service
of two (2) copies of the petition and brief on the commission
and one (1) copy of the petition and brief on the counsel.
(c) Not more than twenty (20) days after service of the petitioner's
brief, the commission shall file a respondent's brief and serve a copy
of the brief on the judge.
(d) Not more than twenty (20) days after service of the
respondent's brief, the judge may file a reply brief. The judge shall
serve 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 the
determination on the merits based on the record filed by the
commission.
(f) To the extent necessary and not inconsistent with this section,
the Indiana Rules of Appellate Procedure apply to reviews by the
supreme 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 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 witnesses in a matter under the jurisdiction of the
commission. 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 the
subpoena 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 not
been appointed. The chairman shall serve the subpoena in the manner
provided 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 evidence
demanded 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 the
chairman of the commission are considered filed with the
commission. As added by P.L.98-2004, SEC.17.
IC 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 in the county in which the commission hearing is
held.
(b) In all formal proceedings, the counsel shall provide the
following to the judge at least twenty (20) days before a hearing:
(1) The names and addresses of all witnesses whose testimony
the counsel expects to offer at the hearing.
(2) Copies of all written statements and transcripts of testimony
of 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 expects
to introduce at the hearing.
(c) On objection by a judge, the testimony of a witness whose
name and address have not been furnished to the judge and
documentary evidence that has not been furnished to the judge, are
not admissible at a hearing.
(d) After formal proceedings have been instituted, a judge may
request in writing that the counsel provide the judge the names and
addresses of all witnesses known at any time to the counsel who have
information that may be relevant to any charge against or any defense
of 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 after
any information or evidence becomes known to the counsel.
(e) During an investigation by the commission, a judge whose
conduct is being investigated may demand in writing that the
commission institute formal proceedings against the judge or enter
a formal finding that there is not probable cause to believe the judge
is guilty of misconduct. Not more than sixty (60) days after receiving
a written demand, the commission shall comply with the demand. A
copy of the demand shall be filed in the supreme court and is a
matter of public record. If the commission finds there is not probable
cause, the finding shall be filed in the supreme court and is a matter
of public record. As added by P.L.98-2004, SEC.17.
IC 33-38-14
Chapter 14. The Commission on Judicial Qualifications and the
Discipline of Judges of Superior, Probate, Juvenile, and Criminal
Courts
IC 33-38-14-1 Purpose
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. 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 the
commission on judicial qualifications described in Article 7, Section
9 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 lawyer
designated by the commission to:
(1) gather and present evidence before the masters or the
commission with respect to the charges against a judge; and
(2) represent the commission before the supreme court in
connection 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 a
superior 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 or
personal 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 special
masters appointed by the chief justice upon request of the
commission. 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 the
master so designated by the chief justice or, in the absence of a
designation, the justice or judge named in the order appointing
masters. 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 the
commission on judicial qualifications for judges of trial courts. The
members of the commission on judicial qualifications for the court
of appeals and the supreme court are the members of the commission
on 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 jurisdiction
over judges of trial courts.
(b) In a county in which a commission on judicial qualifications
operated by virtue of law before July 26, 1973, the county
commission on judicial qualifications ceases to exercise disciplinary
jurisdiction over the county courts and the commission shall exercise
disciplinary jurisdiction. However, if the law creating a county
commission on judicial qualifications in a county before July 26,
1973, precluded judges subject to its disciplinary jurisdiction from
participating in political activities because the judges are selected by
a merit system, the judges are precluded from participating in
political activities.
(c) The operation and function of a judicial nominating
commission 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 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 the commission
for 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 if
in a United States court the judge pleads guilty or no contest or is
found 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 and
the judge shall be paid the judge's salary for the period of suspension.
If the judge's conviction becomes final, the supreme court shall
remove the judge from office.
(c) On recommendation of the commission, the supreme court
may:
(1) retire a judge for a disability that:
(A) seriously interferes with the performance of the judge's
duties; 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 beginning
of 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's
duties.
(iii) Habitual intemperance.
(iv) Conduct prejudicial to the administration of justice
that brings the judicial office into disrepute.
A judge retired under this subsection is considered to have retired
voluntarily. A judge removed under this subsection is ineligible for
judicial office and, pending further order of the supreme court, is
suspended 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 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 chairman.
(c) The commission may act only at a meeting. The commission
may adopt rules and regulations to conduct its meetings and
discharge 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 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 after the institution
of formal proceedings are open for public inspection at all reasonable
times. Records of commission proceedings are open for public
inspection at all reasonable times. All hearings and proceedings
before 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 the
commission 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 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. 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 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, fitness, or qualifications of a judge.
(c) If the commission determines it is necessary to investigate a
judge, the commission shall notify the judge by prepaid registered or
certified mail addressed to the judge at the judge's chambers and last
known residence of the following:
(1) The investigation.
(2) The nature of the complaint.
(3) The origin of the complaint, including the name of the
complainant or that the investigation is on the commission's
motion.
(4) The opportunity to present in the court of the investigation
matters 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's
agents or attorneys.
(4) Hold confidential hearings with any judge involved.
(e) If:
(1) the commission's initial inquiry or investigation does not
disclose sufficient cause to warrant further proceedings; and
(2) the complainant subsequently issues any public statement
relating to the activities or actions of the commission;
the commission may answer the statement by referring to the record
of 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 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 notice must:
(1) specify in ordinary and concise language the charges against
the judge and the alleged facts upon which the charges are
based; and
(2) advise the judge of the judge's right to file a written answer
not more then twenty (20) days after service of notice.
A charge is not sufficient if it recites the general language of the
original complaint.
(c) The notice shall be made upon the judge by registered or
certified mail addressed to the judge at the judge's chambers and last
known 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 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. 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 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 special masters to hear and
take 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 the
counsel 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 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 alleged and does not constitute
grounds for censure, retirement, or removal. In a proceeding for
involuntary retirement for disability, the failure of a judge to testify
in the judge's own behalf or to submit to a medical examination
requested by the commission or the masters may be considered,
unless the failure was due to circumstances beyond the judge's
control.
(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 before
the 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 or
produce 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 entitled
to have testimony transcribed at the judge's expense.
(c) Except as otherwise provided in this chapter, any notice or
matter sent to the judge shall be mailed by registered or certified mail
to the judge at the judge's office and residence unless the judge
requests otherwise in writing. A copy of the notice or matter shall be
mailed 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 make
any defense for the judge as if exercised or made by the judge. If any
notice 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 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
judge shall be given reasonable time to answer the amendment and
to 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 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 on the
commission.
(b) Upon receiving the report of the masters, the commission shall
promptly mail a copy of the report and transcript to the judge and the
judge'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 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 a copy of the objections to the judge. If the judge
files objections, the judge shall mail a copy of the objections to the
counsel. 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 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 shall give the judge and the counsel an opportunity to be
heard in the county where the judge resides. The commission shall
mail 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 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 before
the 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 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 copy of the order shall be
mailed to the judge and the counsel at least ten (10) days before the
hearing.
(b) If masters have been appointed, the hearing of additional
evidence 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 recommend
to 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 the
commission, the affirmative vote of four (4) commission members,
including a majority of the members present at the hearing, is
required to recommend the discipline, retirement, or removal of a
judge. 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 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 of the evidence and proceedings and shall make
written 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, 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 commission shall mail to the judge and the counsel notice of the
filing 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'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 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 service
of two (2) copies of the petition and brief on the commission
and one (1) copy of the petition and brief on the counsel.
(c) Not more than twenty (20) days after service of the petitioner's
brief, the commission shall file a respondent's brief and serve a copy
of the brief on the judge.
(d) Not more than twenty (20) days after service of the
respondent's brief, the judge may file a reply brief. The judge shall
serve 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 the
determination on the merits based on the record filed by the
commission.
(f) To the extent necessary and not inconsistent with this section,
the Indiana Rules of Appellate Procedure apply to reviews by the
supreme 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 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 witnesses in a matter under the jurisdiction of the
commission. 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 the
subpoena 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 not
been appointed. The chairman shall serve the subpoena in the manner
provided 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 evidence
demanded 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 the
chairman of the commission are considered filed with the
commission. As added by P.L.98-2004, SEC.17.
IC 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 in the county in which the commission hearing is
held.
(b) In all formal proceedings, the counsel shall provide the
following to the judge at least twenty (20) days before a hearing:
(1) The names and addresses of all witnesses whose testimony
the counsel expects to offer at the hearing.
(2) Copies of all written statements and transcripts of testimony
of 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 expects
to introduce at the hearing.
(c) On objection by a judge, the testimony of a witness whose
name and address have not been furnished to the judge and
documentary evidence that has not been furnished to the judge, are
not admissible at a hearing.
(d) After formal proceedings have been instituted, a judge may
request in writing that the counsel provide the judge the names and
addresses of all witnesses known at any time to the counsel who have
information that may be relevant to any charge against or any defense
of 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 after
any information or evidence becomes known to the counsel.
(e) During an investigation by the commission, a judge whose
conduct is being investigated may demand in writing that the
commission institute formal proceedings against the judge or enter
a formal finding that there is not probable cause to believe the judge
is guilty of misconduct. Not more than sixty (60) days after receiving
a written demand, the commission shall comply with the demand. A
copy of the demand shall be filed in the supreme court and is a
matter of public record. If the commission finds there is not probable
cause, the finding shall be filed in the supreme court and is a matter
of public record. As added by P.L.98-2004, SEC.17.
