Sec. 46. (a) On recommendation of the commission on judicial qualifications, the supreme court may suspend a judge of the St. Joseph superior court from office without salary when in any court in the United States the judge enters a plea of guilty or nolo contendere to, or is found guilty of, any crime punishable as a felony under the laws of Indiana or of the United States, or of any other crime that involves moral turpitude under that law. If the judge's conviction is reversed, suspension terminates, and the judge shall be paid the judge's salary for the period of suspension. If the judge is suspended and the judge's conviction is affirmed or otherwise becomes final, the supreme court shall remove the judge from office.
(b) On recommendation of the commission on judicial qualifications, the supreme court may:
(1) retire a judge of the St. Joseph superior court for disability that seriously interferes with the performance of the judge's duties and is likely to become permanent; and
(2) censure or remove a judge of the St. Joseph superior court for conduct occurring not more than six (6) years before the commencement of the judge's current term, when the conduct constitutes willful misconduct in office, willful and persistent failure to perform the judge's duties, habitual intemperance, or conduct prejudicial to the administration of justice or that brings or tends to bring judicial office into disrepute.
(c) When the supreme court receives any recommendation from the commission on judicial qualifications, it shall hold a hearing, at which the affected judge is entitled to attend, and shall make a determination as is required. The supreme court shall make rules regarding the convening and conduct of hearings, which shall, upon request of the judge whom it concerns, be public.
[Pre-2004 Recodification Citation: 33-5-40-50.]
As added by P.L.98-2004, SEC.12.
Structure Indiana Code
Title 33. Courts and Court Officers
Article 33. Court System Organization in Each County
33-33-71-5. Establishment of Superior Court; Number of Judges
33-33-71-10. Court of Record; Force and Effect of Judgments, Decrees, and Orders
33-33-71-11. Power and Authority of Judges
33-33-71-12. Powers of Judges Same as Circuit Judges
33-33-71-13. Sessions of Court; Facilities; Jurisdiction
33-33-71-14. Dockets; Books, Papers, and Records
33-33-71-15. Single Order Book for Entire Court
33-33-71-18. Laws and Rules Governing Practice and Procedure
33-33-71-20. Appeal From Order or Judgment of Court
33-33-71-22. Appointment of Officers and Personnel
33-33-71-24. Judges Acting in Concert; Majority Decision
33-33-71-25. Administrative Officer of Court
33-33-71-26. Transfer of Causes From Circuit Court
33-33-71-27. Transfer of Causes to Circuit Court
33-33-71-28. Circuit Court Judge Sitting as Superior Court Judge
33-33-71-29. Judicial Nominating Commission; Establishment
33-33-71-30. Judicial Nominating Commission; Membership
33-33-71-31. Members Appointed by the St. Joseph County Board of Commissioners
33-33-71-35. Succession of Membership
33-33-71-36. Nominations for Vacancies in Superior Court; Meetings of Commission
33-33-71-37. Qualifications of Nominees; Evaluation
33-33-71-38. List of Nominees; Submission to Governor
33-33-71-39. Withdrawal of List or Names of Nominees
33-33-71-40. Appointment to Fill Vacancies
33-33-71-41. Effective Date of Appointments
33-33-71-43. Submission of Question of Retention in Office or Rejection of Judge to Electorate
33-33-71-44. Conditions of Office
33-33-71-45. Judicial Qualifications Commission; Membership; Employment of Special Counsel
33-33-71-46. Recommendation for Suspension or Removal of Judge
33-33-71-47. Meetings of Commission
33-33-71-48. Confidentiality of Proceedings
33-33-71-49. Defamatory Material
33-33-71-51. Complaint by Citizen; Investigation
33-33-71-52. Notification of Formal Proceedings
33-33-71-54. Time and Place for Hearing
33-33-71-57. Rights of Judge in Formal Proceedings
33-33-71-58. Amendments to Notice or Answer
33-33-71-59. Hearing Additional Evidence
33-33-71-60. Recommendation of Commission; Vote
33-33-71-61. Certified Recommendation to Supreme Court
33-33-71-62. Petition to Modify or Reject Commission Recommendation
33-33-71-63. Powers of Commission in Investigations and Hearings
33-33-71-65. Enforcement of Subpoena
33-33-71-66. Papers and Pleadings Filed With Commission