Sec. 57. (a) In formal proceedings involving the judge's discipline, retirement, or removal, a judge has the right and reasonable opportunity to defend against the charges by the introduction of evidence, to be represented by counsel, and to examine and cross-examine witnesses. The judge has the right to the issuance of subpoenas for attendance of witnesses to testify or produce books, papers, and other evidentiary matter.
(b) When a transcript of the testimony has been prepared at the expense of the commission on judicial qualifications, a copy shall be furnished without cost to the judge. The judge has the right, without any order or approval, to have all or any part of the testimony in the proceedings transcribed at the judge's expense.
(c) Except as otherwise provided in this chapter, whenever provision is made for giving notice or sending any matter to the judge, that notice or matter must be mailed by registered or certified mail to the judge at the judge's office and residence unless the judge requests otherwise in writing, and a copy is mailed to the judge's attorney of record.
(d) If the judge has been adjudged incapacitated under IC 29-3, the guardian may claim and exercise any right and privilege and make any defense for the judge with the same force and effect as if claimed, exercised, or made by the judge, if competent, and whenever these rules provide for serving or giving notice or sending any matter to the judge, a copy of the notice or matter also shall be served, given, or sent to the guardian.
[Pre-2004 Recodification Citation: 33-5-40-61.]
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