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
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