Sec. 19. (a) The commission, or the masters when the hearing is before the masters, may proceed with the hearing whether or not the judge files an answer or appears at the hearing.
(b) The failure of a judge to answer or to appear at the hearing by itself is not evidence of the facts alleged and does not constitute grounds for censure, retirement, or removal. In a proceeding for involuntary retirement for disability, the failure of a judge to testify in the judge's own 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 judge's control.
(c) The hearing shall be reported verbatim.
(d) At a hearing before the commission, not less than four (4) members must be present when the evidence is produced.
[Pre-2004 Recodification Citation: 33-2.1-6-13.]
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