Sec. 29. (a) Not more than thirty (30) days after a certified copy of the commission's recommendation is filed with the clerk of the supreme court, a justice or judge may petition the supreme court to modify or reject the commission's recommendation.
(b) The justice or judge shall verify the petition. The petition must be based on the record. The petition must specify the grounds relied on and must be accompanied by the petitioner's brief and proof of service of two (2) copies of the petition and brief on the commission and one (1) copy of the petition and brief on the counsel.
(c) Not more than twenty (20) days after service of the petitioner's brief, the commission shall file a respondent's brief and serve a copy on the justice or judge. Not more than twenty (20) days after service of respondent's brief, the petitioner may file a reply brief and shall serve two (2) copies on the commission and one (1) copy on the counsel.
(d) Failure to timely file a petition is considered consent to the determination on the merits based upon the record filed by the commission.
(e) To the extent necessary and not inconsistent with this section, the Indiana Rules of Appellate Procedure apply to reviews by the supreme court of commission proceedings.
[Pre-2004 Recodification Citation: 33-2.1-5-22.]
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