Indiana Code
Chapter 14. The Commission on Judicial Qualifications and the Discipline of Judges of Superior, Probate, Juvenile, and Criminal Courts
33-38-14-31. Petition for Modification or Rejection of Commission's Recommendation

Sec. 31. (a) A judge may petition the supreme court to modify or reject the recommendation of the commission for discipline, retirement, or removal of the judge not more than thirty (30) days after the certified copy of the commission's recommendation is filed with the clerk of the supreme court.
(b) A petition described in subsection (a) must:
(1) be verified;
(2) be based on the record;
(3) specify the grounds relied on; and
(4) be accompanied by the petitioner's brief and proof of service of two (2) copies of the petition and brief on the commission and one (1) copy of the petition and brief on the counsel.
(c) Not more than twenty (20) days after service of the petitioner's brief, the commission shall file a respondent's brief and serve a copy of the brief on the judge.
(d) Not more than twenty (20) days after service of the respondent's brief, the judge may file a reply brief. The judge shall serve two (2) copies of the reply brief on the commission and one (1) copy of the reply brief on the counsel.
(e) Failure to timely file a petition is considered consent to the determination on the merits based on the record filed by the commission.
(f) To the extent necessary and not inconsistent with this section, the Indiana Rules of Appellate Procedure apply to reviews by the supreme court of commission proceedings.
[Pre-2004 Recodification Citation: 33-2.1-6-25.]
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