Sec. 21. (a) In formal proceedings involving the discipline, retirement, or removal of a judge, the judge may:
(1) defend against the charges by introducing evidence;
(2) be represented by counsel;
(3) examine and cross-examine witnesses; and
(4) issue subpoenas for attendance of witnesses to testify or produce evidentiary matter.
(b) If testimony is transcribed at the expense of the commission, a copy shall be provided to the judge at no cost. The judge is entitled to have testimony transcribed at the judge's expense.
(c) Except as otherwise provided in this chapter, any notice or matter sent to the judge shall be mailed by registered or certified mail to the judge at the judge's office and residence unless the judge requests otherwise in writing. A copy of the notice or matter shall be mailed to the judge's counsel.
(d) If a judge has been adjudicated incapacitated under IC 29-3, the judge's guardian may exercise any right or privilege and make any defense for the judge as if exercised or made by the judge. If any notice or matter is sent to the judge, a copy of the notice or matter also shall be sent to the judge's guardian.
[Pre-2004 Recodification Citation: 33-2.1-6-15.]
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