Sec. 67. (a) In all formal proceedings, discovery shall be available to the commission on judicial qualifications and to the judge in accordance with the Indiana Rules of Civil Procedure. Any motions requesting court orders for discovery shall be made to the St. Joseph circuit court.
(b) In all formal proceedings before the commission on judicial qualifications, the counsel shall furnish to the judge not less than twenty (20) days before any hearing the following:
(1) The names and addresses of all witnesses whose testimony the counsel expects to offer at the hearing together with copies of all written statements and transcripts of testimony of the witnesses in the possession of the counsel or the commission that are relevant to the subject matter of the hearing and that have not previously been furnished the judge.
(2) Copies of all documentary evidence that the counsel expects to offer in evidence at the hearing. The testimony of any witness, except if offered in rebuttal or for impeachment, whose name and address have not been furnished to the judge, and documentary evidence, copies of which have not been furnished to the judge, as provided in this subsection, are not admissible in evidence at the hearing over the objection of the judge. After formal proceedings have been instituted, the judge may request in writing that the counsel furnish to the judge the names and addresses of all witnesses then or thereafter known to the counsel who have information that may be relevant to any charge against the judge and to any defense of the judge with respect to the charge. The counsel shall also furnish copies of such written statements, transcripts of testimony, and documentary evidence as are then or thereafter known to the counsel and are then or thereafter in the possession of the counsel or the commission that are relevant to any charges or defense and that have not previously been furnished the judge. The counsel shall comply with a request within ten (10) days after receipt of the request and thereafter within ten (10) days after any information or evidence becomes known to the counsel.
(c) During the course of an investigation by the commission on judicial qualifications, the judge whose conduct is being investigated may demand in writing that the commission either institute formal proceedings against the judge or enter a formal finding that there is not probable cause to believe that the judge is guilty of any misconduct. The commission on judicial qualifications shall within sixty (60) days after the judge's demand comply with the demand. A copy of the demand must be filed with the supreme court and is a matter of public record. If, after a demand, the commission on judicial qualifications finds that there is not probable cause, that finding must be filed with the supreme court and is a matter of public record.
[Pre-2004 Recodification Citation: 33-5-40-71.]
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