Indiana Code
Chapter 14. The Commission on Judicial Qualifications and the Discipline of Judges of Superior, Probate, Juvenile, and Criminal Courts
33-38-14-15. Request of Justice or Judge to Retire; Complaint by Citizen or on Commission's Own Motion; Investigation

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

Indiana Code

Title 33. Courts and Court Officers

Article 38. Judges

Chapter 14. The Commission on Judicial Qualifications and the Discipline of Judges of Superior, Probate, Juvenile, and Criminal Courts

33-38-14-1. Purpose

33-38-14-2. "Commission" Defined

33-38-14-3. "Counsel" Defined

33-38-14-4. "Judge" Defined

33-38-14-5. "Mail" Defined

33-38-14-6. "Masters" 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

33-38-14-13. Privilege

33-38-14-14. Commission; Complaint

33-38-14-15. Request of Justice or Judge to Retire; Complaint by Citizen or on Commission's Own Motion; Investigation

33-38-14-16. Notice of Formal Proceedings

33-38-14-17. Answer

33-38-14-18. Setting for Hearing Before Commission or Masters

33-38-14-19. Hearing

33-38-14-20. Evidence

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

33-38-14-33. Subpoenas

33-38-14-34. Enforcement of Subpoena

33-38-14-35. Filing

33-38-14-36. Discovery; Admissibility of Evidence; Demand for Formal Proceeding or Finding