Sec. 51. (a) Any citizen of Indiana may complain to the commission on judicial qualifications with reference to the activities, fitness, or qualifications of any judge of the St. Joseph superior court. Upon receiving a complaint or request, the commission on judicial qualifications shall make an initial inquiry to determine if a complaint is founded and not frivolous. The commission on judicial qualifications, without receiving a complaint, may make an initial inquiry on its own motion.
(b) If the commission on judicial qualifications considers it necessary as a result of its initial inquiry to conduct further investigation, the judge involved may then be notified of the investigation, the nature of the charge, the complaint that must be in writing, the name of the person making the complaint, if any, or that the investigation is on the commission's own motion and the judge shall be afforded reasonable opportunity in the course of the investigation to present matters as the judge may choose. When this notice is given, it must be by prepaid registered or certified mail addressed to the judge at the judge's chambers and at the judge's last known address. If the investigation does not disclose sufficient cause to warrant further proceedings, the judge may be so notified. The commission on judicial qualifications may make investigations by members of the commission or by special investigators employed by the commission, hold confidential hearings with the person filing the complaint or with the person's agents or attorneys, and hold confidential hearings with the judge involved in the complaint.
(c) If the commission on judicial qualification's initial inquiry or investigation does not disclose sufficient cause to warrant further proceedings and if the complainant subsequently issues any statement or statements of any kind for public dissemination relating to the activities or actions of the commission, the commission may answer that statement by reference to as much of the record of its proceedings or results of its investigation as it considers necessary.
[Pre-2004 Recodification Citation: 33-5-40-55.]
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