Sec. 15. (a) A judge may request retirement due to disability.
(b) A citizen of Indiana may complain to the commission about the activities, fitness, or qualifications of a judge. Upon receipt of a complaint, the commission shall determine if the complaint is frivolous. The commission may, on its own motion, inquire into the activities, fitness, or qualifications of a judge.
(c) If the commission determines it is necessary to investigate a judge, the commission shall notify the judge by prepaid registered or certified mail addressed to the judge at the judge's chambers and last known residence of the following:
(1) The investigation.
(2) The nature of the complaint.
(3) The origin of the complaint, including the name of the complainant or that the investigation is on the commission's motion.
(4) The opportunity to present in the court of the investigation matters as the judge chooses.
(d) The commission may do the following:
(1) Conduct investigations.
(2) Employ special investigators.
(3) Hold confidential hearings with the judge's or commission's agents or attorneys.
(4) Hold confidential hearings with any judge involved.
(e) If:
(1) the commission's initial inquiry or investigation does not disclose sufficient cause to warrant further proceedings; and
(2) the complainant subsequently issues any public statement relating to the activities or actions of the commission;
the commission may answer the statement by referring to the record of proceedings or the results of the investigations.
[Pre-2004 Recodification Citation: 33-2.1-6-9.]
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