Sec. 23. The accusation must be delivered by the foreman of the grand jury to the prosecuting attorney of the county, except when the prosecuting attorney of the county is the officer accused, who must cause a copy thereof to be served upon the defendant, and require, by notice in writing of not less than ten (10) days, that the defendant appear before the circuit court or superior court of the county at the time mentioned in the notice, and answer the accusation. The original accusation must then be filed with the clerk of the court, or if the clerk of the court is the party accused, with the judge of the court.
Formerly: Acts 1897, c.182, s.23. As amended by P.L.3-1993, SEC.243; P.L.84-2016, SEC.23.
Structure Indiana Code
Title 5. State and Local Administration
Article 8. Officers' Impeachment, Removal, Resignation, and Disqualification
Chapter 1. Impeachment and Removal From Office
5-8-1-1. Officers; Judges; Prosecuting Attorney; Liability to Impeachment
5-8-1-2. Method of Impeachment
5-8-1-3. Articles of Impeachment
5-8-1-5. Service Upon Defendant
5-8-1-7. Objections to Articles of Impeachment; Pleas
5-8-1-8. Answering Articles of Impeachment; Judgment
5-8-1-12. Resolution of Acquittal or Conviction
5-8-1-13. Suspension or Removal From Office
5-8-1-14. Disqualification of Defendant From Receiving Salaries
5-8-1-15. Temporary Suspension During Pendency of Proceedings; Filling Vacancies
5-8-1-16. Impeachment of Governor or Lieutenant Governor; Chief Justice to Preside
5-8-1-17. Indictment or Information Not Barred
5-8-1-18. Senate to Continue in Session
5-8-1-19. Judge or Prosecuting Attorney; Duties of Attorney General
5-8-1-21. Written Accusations; Grand Jury
5-8-1-23. Delivery of Accusations; Service on Defendant
5-8-1-24. Appearance of Defendant
5-8-1-25. Answering Accusation
5-8-1-26. Objections to Legal Sufficiency of Accusation
5-8-1-27. Denial of Accusation
5-8-1-28. Objection to Accusation Not Sustained
5-8-1-29. Guilty Plea or Refusal to Answer; Not Guilty Plea
5-8-1-31. Attendance of Witnesses
5-8-1-34. Removal of Prosecuting Attorney; Proceedings
5-8-1-35. Verification of Accusation; Citing Party; Hearing; Judgment
5-8-1-38. Felony Conviction; Removal; Appeal; Reinstatement; Remuneration; Vacancy