Sec. 17. (a) The commission or a master may proceed with a scheduled hearing whether or not the judge files an answer or appears at the hearing.
(b) The failure of a justice or judge to answer or appear at the hearing may not be taken as evidence of the truth of the facts alleged to constitute grounds for censure, retirement, or removal. In a proceeding for involuntary retirement for disability, the failure of a justice or judge to testify in the justice's or judge's 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 justice's or judge's control.
(c) The hearing shall be reported verbatim.
(d) At least four (4) commission members must be present when evidence is produced at a hearing before the commission.
[Pre-2004 Recodification Citation: 33-2.1-5-10.]
As added by P.L.98-2004, SEC.17.
Structure Indiana Code
Title 33. Courts and Court Officers
33-38-13-2. "Commission" Defined
33-38-13-7. "Presiding Master" Defined
33-38-13-8. Age; Temporary Judicial Duties
33-38-13-9. Meeting of Commissioners
33-38-13-11. Privileged Information
33-38-13-13. Complaint; Investigation
33-38-13-14. Notice of Formal Proceedings
33-38-13-16. Setting for Hearing Before Commission or Masters
33-38-13-19. Rights of Judge; Proceedings; Notice; Incapacity
33-38-13-20. Amendments to Notice or Answer
33-38-13-21. Report of Masters
33-38-13-22. Objections to Report of Masters
33-38-13-23. Appearance Before Commission
33-38-13-24. Extension of Time
33-38-13-25. Hearings; Additional Evidence
33-38-13-26. Vote or Recommendation for Censure, Retirement, or Removal
33-38-13-27. Record of Commission Proceedings
33-38-13-28. Certification of Commission Recommendation to Supreme Court
33-38-13-29. Petition for Modification or Rejection of Commission's Recommendation
33-38-13-30. Jurisdiction and Powers
33-38-13-32. Enforcement of Subpoena
33-38-13-33. Filing Papers and Pleadings
33-38-13-34. Discovery; Admissibility of Evidence; Demand for Formal Proceeding or Finding