Title 33, COURTS AND COURT OFFICERS

Sec. 5. This chapter does not: (1) deprive a judge or prosecuting attorney of the judge's or prosecuting attorney's right to select defense counsel of the judge's or prosecuting attorney's own choice at the judge's or prosecuting attorney's own expense; or (2) relieve a prosecuti…

Sec. 6. The attorney general may employ legal and other professional services necessary to adequately and fully perform the duties required by this chapter. [Pre-2004 Recodification Citation: 33-2.1-9-4.] As added by P.L.98-2004, SEC.2.

Sec. 1. As used in this chapter, "program" refers to the Indiana conference for legal education opportunity established by section 2 of this chapter. [Pre-2004 Recodification Citation: 33-2.1-12-1.] As added by P.L.98-2004, SEC.3.

Sec. 2. The Indiana conference for legal education opportunity is established to assist Indiana minority, low income, or educationally disadvantaged college graduates in pursuing a law degree and a career in the Indiana legal and professional community. [Pre-2004 Recodification C…

Sec. 3. (a) The program shall be organized and administered by the chief justice of the supreme court. The chief justice shall appoint an advisory committee composed of eight (8) members as follows: (1) Two (2) practicing attorneys. (2) Two (2) judges. (3) Two (2) Indiana law sch…

Sec. 4. (a) The program must provide for an intensive course of study to prepare the students selected for the demands of a law school education through classroom discussion and instruction in legal research, writing, and analysis. (b) The program shall be taught by law professor…

Sec. 5. (a) The program must provide financial assistance in the form of an annual stipend for those students who successfully complete the course of study and become certified graduates of the program. (b) To be eligible for the annual stipend, certified graduates must be admitt…

Sec. 6. The courts of the state are encouraged and requested to develop programs and opportunities to further the purposes of the program. [Pre-2004 Recodification Citation: 33-2.1-12-6.] As added by P.L.98-2004, SEC.3.

Sec. 1. Crawford County constitutes the seventy-seventh judicial circuit. [Pre-2004 Recodification Citation: 33-4-1-13.] As added by P.L.98-2004, SEC.12. Amended by P.L.201-2011, SEC.44.

Sec. 1. This chapter applies to all proceedings before the commission on judicial qualifications and masters involving the censure, retirement, or removal of justices of the supreme court and judges of the court of appeals, as provided by Article 7, Section 11 of the Constitution…

Sec. 10. (a) All papers filed with the commission before the institution of formal proceedings under section 14 of this chapter are confidential unless: (1) the justice or judge against whom a recommendation has been filed elects to have the information divulged; or (2) the commi…

Sec. 11. Filing papers with and giving testimony before the commission or the masters appointed by the supreme court under this chapter are privileged. [Pre-2004 Recodification Citation: 33-2.1-5-4.] As added by P.L.98-2004, SEC.17.

Sec. 12. (a) A complaint filed with the commission must be in writing and directed to the commission or to any member of the commission. (b) A specified form of complaint may not be required. [Pre-2004 Recodification Citation: 33-2.1-5-5.] As added by P.L.98-2004, SEC.17.

Sec. 13. (a) Any Indiana citizen may complain to the commission about the activities, fitness, or qualifications of a judge or justice. Upon receiving a complaint, the commission shall determine if the complaint is founded and not frivolous. If the commission determines that the …

Sec. 14. (a) If the commission concludes, after investigation, to institute formal proceedings against a justice or judge, the commission shall give written notice of the proceedings to the justice or judge by registered or certified mail addressed to the judge at the judge's cha…

Sec. 15. Not more than twenty (20) days after service of the notice of formal proceedings, the justice or judge: (1) may file with the commission a signed original and one (1) copy of an answer; and (2) shall mail a copy of the answer to the counsel. [Pre-2004 Recodification Cita…

Sec. 16. (a) Upon the filing of or the expiration of time for filing an answer, the commission shall: (1) hold a hearing concerning the discipline, retirement, or removal of the justice or judge; or (2) request the supreme court to appoint three (3) active or retired justices or …

Sec. 17. (a) The commission or a master may proceed with a scheduled hearing whether or not the judge files an answer or appears at the hearing. (b) The failure of a justice or judge to answer or appear at the hearing may not be taken as evidence of the truth of the facts alleged…

Sec. 18. The Indiana Rules of Evidence apply at a hearing before the commission or the masters. [Pre-2004 Recodification Citation: 33-2.1-5-11.] As added by P.L.98-2004, SEC.17.

Sec. 19. (a) In formal proceedings involving a justice's or judge's discipline, retirement, or removal, the justice or judge may do the following: (1) Defend against the charges by introducing evidence. (2) Be represented by counsel. (3) Examine and cross-examine witnesses. (4) I…

Sec. 2. As used in this chapter, "commission" means the commission on judicial qualifications described in Article 7, Section 9 of the Constitution of the State of Indiana. [Pre-2004 Recodification Citation: 33-2.1-1-3.] As added by P.L.98-2004, SEC.17.

Sec. 20. The masters, at any time before the conclusion of the hearing, or the commission, at any time before its determination: (1) may allow or require amendments to the notice of formal proceedings; and (2) may allow amendments to the answer. The notice may be amended to confo…

Sec. 21. (a) After a hearing, the masters shall promptly prepare and transmit to the commission an original and four (4) copies of a transcript of the hearing and an original and four (4) copies of a report that contains a brief statement of the proceedings and the masters' recom…

Sec. 22. Not more than fifteen (15) days after the commission mails a copy of the report of the masters to the justice or judge, the counsel or the justice or judge may file with the commission an original and one (1) copy of objections to the report of masters. If the counsel fi…

Sec. 23. If objections to a report of the masters under section 21 of this chapter are not timely filed, the commission may adopt the recommended findings of the masters without a hearing. If objections are timely filed, or if objections are not timely filed and the commission pr…

Sec. 24. (a) The chairman of the commission may extend the time for: (1) filing an answer; (2) conducting a hearing before the commission; and (3) filing objections to the report of the masters. (b) The presiding master may, with the approval of the chairman of the commission, ex…

Sec. 25. The commission may order a hearing to take additional evidence at any time while a matter is pending before it. The hearing must be in the county in which the justice or judge resides. The order must set the time and place of the hearing and shall indicate the matters on…

Sec. 26. If the commission finds good cause, it shall recommend to the supreme court the censure, retirement, or removal of a justice or judge. If a hearing is before the masters, the affirmative vote of four (4) members of the commission is required to recommend censure, retirem…

Sec. 27. The commission shall keep a record of all formal proceedings concerning a judge. The commission shall record its determination and mail notice of the determination to the justice or judge and the counsel. If the commission recommends censure, retirement, or removal, the …

Sec. 28. Upon recommending the censure, retirement, or removal of a justice or judge, the commission shall promptly file the following with the clerk of the supreme court: (1) A copy of the recommendation certified by the chairman or secretary of the commission. (2) A transcript …

Sec. 29. (a) Not more than thirty (30) days after a certified copy of the commission's recommendation is filed with the clerk of the supreme court, a justice or judge may petition the supreme court to modify or reject the commission's recommendation. (b) The justice or judge shal…

Sec. 3. As used in this chapter, "counsel" means the lawyer designated by the commission to: (1) gather and present evidence before the masters or commission with respect to the charges against a judge; and (2) represent the commission before the supreme court in connection with …

Sec. 30. The commission has jurisdiction and powers necessary to conduct the proper and speedy disposition of any investigation or hearing, including the powers to depose witnesses and to order the production of documentary evidence. A member of the commission or a master may adm…

Sec. 31. (a) A master may issue a subpoena for: (1) the attendance of witnesses; (2) the production of documentary evidence; or (3) discovery; in a proceeding before the masters. The master shall serve the subpoena in the manner provided by law. (b) The chairman of the commission…

Sec. 32. If a witness in a commission proceeding: (1) fails or refuses to attend upon subpoena; or (2) refuses to testify or produce documentary evidence demanded by subpoena; a circuit court, superior court, or probate court may enforce the subpoena. [Pre-2004 Recodification Cit…

Sec. 33. All papers and pleadings filed with the office of the chairman of the commission are considered to have been filed with the commission. [Pre-2004 Recodification Citation: 33-2.1-5-26.] As added by P.L.98-2004, SEC.17. Amended by P.L.2-2005, SEC.111.

Sec. 34. (a) In all formal proceedings, discovery is available to the commission and the judge or justice under the Indiana Rules of Civil Procedure. A motion requesting a discovery order must be made to the circuit court, superior court, or probate court judge in the county in w…

Sec. 35. This chapter does not encroach upon or impair the vested rights of a justice or judge or the surviving spouse of a justice or judge under any constitutional or statutory retirement program. [Pre-2004 Recodification Citation: 33-2.1-5-28.] As added by P.L.98-2004, SEC.17.…

Sec. 4. As used in this chapter, "judge" means a judge of the court of appeals. [Pre-2004 Recodification Citation: 33-2.1-1-3.] As added by P.L.98-2004, SEC.17.

Sec. 5. As used in this chapter, "mail" includes ordinary mail or personal delivery. [Pre-2004 Recodification Citation: 33-2.1-1-3.] As added by P.L.98-2004, SEC.17.

Sec. 6. As used in this chapter, "masters" means the special masters appointed by the chief justice upon request of the commission. [Pre-2004 Recodification Citation: 33-2.1-1-3.] As added by P.L.98-2004, SEC.17.

Sec. 7. As used in this chapter, "presiding master" means the master so designated by the chief justice or, in the absence of a designation, the justice or judge named in the order appointing masters. [Pre-2004 Recodification Citation: 33-2.1-1-3.] As added by P.L.98-2004, SEC.17…

Sec. 8. (a) Every justice of the supreme court and judge of the court of appeals shall retire at seventy-five (75) years of age. (b) Notwithstanding subsection (a), the supreme court may authorize retired justices and judges to perform temporary judicial duties in any state court…

Sec. 9. (a) The commission shall meet as necessary to discharge its statutory and constitutional responsibilities. Meetings of the commission shall be called in the same manner as prescribed for the judicial nominating commission. Four (4) members of the commission constitute a q…

Sec. 1. (a) The secretary of state may do any of the following with respect to a commission under IC 33-42-12: (1) Deny the commission. (2) Refuse a subsequent commission. (3) Revoke the commission. (4) Suspend the commission. (5) Impose a condition on the commission. (b) The sec…

Sec. 2. The secretary of state shall maintain an electronic data base of active notaries public. As added by P.L.128-2017, SEC.21.