Sec. 10. (a) A judge is disqualified from acting as a judicial officer, without loss of salary, while there is pending:
(1) an indictment or information charging the judge in a United States court with a crime punishable as a felony under Indiana or federal law; or
(2) a recommendation to the supreme court by the commission for the judge's removal or retirement.
(b) On recommendation of the commission or on its own motion, the supreme court may suspend a judge from office without salary if in a United States court the judge pleads guilty or no contest or is found guilty of a crime that:
(1) is punishable as a felony under Indiana or federal law; or
(2) involves moral turpitude under the law.
If the judge's conviction is reversed, the suspension terminates and the judge shall be paid the judge's salary for the period of suspension. If the judge's conviction becomes final, the supreme court shall remove the judge from office.
(c) On recommendation of the commission, the supreme court may:
(1) retire a judge for a disability that:
(A) seriously interferes with the performance of the judge's duties; and
(B) is or is likely to become permanent; and
(2) censure or remove a judge for an action that:
(A) occurs not more than six (6) years before the beginning of the judge's current term; and
(B) constitutes at least one (1) of the following:
(i) Willful misconduct in office.
(ii) Willful or persistent failure to perform the judge's duties.
(iii) Habitual intemperance.
(iv) Conduct prejudicial to the administration of justice that brings the judicial office into disrepute.
A judge retired under this subsection is considered to have retired voluntarily. A judge removed under this subsection is ineligible for judicial office and, pending further order of the supreme court, is suspended from the practice of law in Indiana.
[Pre-2004 Recodification Citation: 33-2.1-6-4.]
As added by P.L.98-2004, SEC.17.
Structure Indiana Code
Title 33. Courts and Court Officers
33-38-14-2. "Commission" Defined
33-38-14-7. "Presiding Master" Defined
33-38-14-8. Commission on Judicial Qualifications
33-38-14-9. Disciplinary Jurisdiction Over Judges
33-38-14-10. Disqualification; Suspension; Retirement; Censure; Removal
33-38-14-11. Meetings of Commissioners
33-38-14-12. Confidentiality of Proceedings; Public Inspection
33-38-14-14. Commission; Complaint
33-38-14-16. Notice of Formal Proceedings
33-38-14-18. Setting for Hearing Before Commission or Masters
33-38-14-21. Rights of a Judge; Notice; Incapacitation
33-38-14-22. Amendments to Notice or Answer
33-38-14-23. Report of Masters
33-38-14-24. Objections to Report of Masters
33-38-14-25. Appearance Before Commission
33-38-14-26. Extension of Time
33-38-14-27. Hearing Additional Evidence
33-38-14-28. Vote or Recommendation for Discipline, Retirement, or Removal
33-38-14-29. Record of Commission Proceedings
33-38-14-30. Certification of Commission Recommendation to Supreme Court
33-38-14-31. Petition for Modification or Rejection of Commission's Recommendation
33-38-14-32. Jurisdiction and Powers
33-38-14-34. Enforcement of Subpoena
33-38-14-36. Discovery; Admissibility of Evidence; Demand for Formal Proceeding or Finding