Title 33, COURTS AND COURT OFFICERS

Sec. 10. (a) A judge is disqualified from acting as a judicial officer, without loss of salary, while there is pending: (1) an indictment or information charging the judge in a United States court with a crime punishable as a felony under Indiana or federal law; or (2) a recommen…

Sec. 11. (a) The commission shall meet as necessary to discharge its statutory 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 quorum. (b) Commiss…

Sec. 12. (a) Papers filed with and proceedings before the commission before the institution of formal proceedings are confidential unless: (1) the judge against whom a recommendation is filed elects to have the information divulged; or (2) the commission elects to answer public s…

Sec. 13. Filing papers with or giving testimony before the commission or the masters under this chapter is privileged. [Pre-2004 Recodification Citation: 33-2.1-6-7.] As added by P.L.98-2004, SEC.17.

Sec. 14. (a) Any citizen of Indiana may file with the commission a written and verified complaint on the judicial fitness of a judge of a superior, criminal, juvenile, or probate court of Indiana. (b) A specified form of complaint may not be required. [Pre-2004 Recodification Cit…

Sec. 15. (a) A judge may request retirement due to disability. (b) A citizen of Indiana may complain to the commission about the activities, fitness, or qualifications of a judge. Upon receipt of a complaint, the commission shall determine if the complaint is frivolous. The commi…

Sec. 16. (a) If the commission decides to institute formal proceedings, the commission shall give written notice to the judge advising the judge of the institution of formal proceedings to inquire into the charges against judge. The proceedings must be entitled: "BEFORE THE INDIA…

Sec. 17. Not more than twenty (20) days after service of the notice of formal proceedings, the judge: (1) may file with the commission a signed original and one (1) copy of an answer; and (2) shall serve by mail a copy of the answer on the counsel. [Pre-2004 Recodification Citati…

Sec. 18. (a) Upon the filing of or the expiration of the time for filing an answer, the commission shall: (1) order a hearing before the commission on the discipline, retirement, or removal of the judge; or (2) request the supreme court to appoint three (3) active or retired judg…

Sec. 19. (a) The commission, or the masters when the hearing is before the masters, may proceed with the hearing whether or not the judge files an answer or appears at the hearing. (b) The failure of a judge to answer or to appear at the hearing by itself is not evidence of the f…

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 Indiana Rules of Evidence apply at a hearing before the commission or the masters. [Pre-2004 Recodification Citation: 33-2.1-6-14.] As added by P.L.98-2004, SEC.17.

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…

Sec. 22. The masters, before the conclusion of the hearing, or the commission, before its determination, may allow or require amendments to the notice of formal proceedings and may allow amendments to the answer. The notice may be amended to conform to proof or to set forth addit…

Sec. 23. (a) After a hearing before the masters, the masters shall promptly transmit to the commission an original and four (4) copies of: (1) a transcript of the hearing; and (2) a report that contains a brief statement of the proceedings and recommended findings of fact. The re…

Sec. 24. Not more than fifteen (15) days after a copy of the report of the masters is mailed to the judge, the counsel or the judge may file with the commission an original and one (1) copy of objections to the report of the masters. If the counsel files objections, the counsel s…

Sec. 25. If objections to the report of the masters 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 proposes to modify or reject the …

Sec. 26. (a) The chairman of the commission may extend the time for: (1) filing an answer; (2) commencing a hearing before the commission; or (3) filing objections to the report of the masters. (b) The presiding master, with the approval of the chairman of the commission, may ext…

Sec. 27. (a) The commission may order a hearing to take additional evidence at any time while the matter is pending before the commission. The order must set the time and place of the hearing in the county in which the judge resides and must indicate the matters on which evidence…

Sec. 28. If the commission finds good cause, it shall recommend to the supreme court the discipline, retirement, or removal of a judge. If a hearing is before the masters, the affirmative vote of four (4) commission members is required to recommend the discipline, retirement, or …

Sec. 29. The commission shall keep a record of all formal proceedings concerning a judge. The commission shall enter its determination in the record and mail notice to the judge and the counsel. If the commission recommends the discipline, retirement, or removal of a judge to the…

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 the commission with respect to the charges against a judge; and (2) represent the commission before the supreme court in connection w…

Sec. 30. Upon recommending the discipline, retirement, or removal of a judge, the commission shall file a copy of each of the following with the clerk of the supreme court: (1) The recommendation certified by the chairman or secretary of the commission. (2) The transcript. (3) Th…

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 t…

Sec. 32. The commission has jurisdiction and powers to dispose of any investigation or hearing, including the following: (1) The power to compel the attendance of witnesses. (2) The power to depose witnesses. (3) The power to order the production of documentary evidence. Any comm…

Sec. 33. (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. 34. 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. 35. All papers and pleadings filed with the office of the chairman of the commission are considered filed with the commission. [Pre-2004 Recodification Citation: 33-2.1-6-29.] As added by P.L.98-2004, SEC.17.

Sec. 36. (a) In all formal proceedings, discovery is available to the commission and the judge 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 in the county in which the commissi…

Sec. 4. As used in this chapter, "judge" means a judge of a superior or probate court. [Pre-2004 Recodification Citation: 33-2.1-6-2.] 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. Subject to section 9 of this chapter, the commission is the commission on judicial qualifications for judges of trial courts. The members of the commission on judicial qualifications for the court of appeals and the supreme court are the members of the commission on judic…

Sec. 9. (a) The commission shall exercise disciplinary jurisdiction over judges of trial courts. (b) In a county in which a commission on judicial qualifications operated by virtue of law before July 26, 1973, the county commission on judicial qualifications ceases to exercise di…

Sec. 1. (a) A notary public may charge a fee of not more than ten dollars ($10) per signature for each of the following notarial acts: (1) Taking an acknowledgment. (2) Administering an affirmation or oath. (3) Attesting to or witnessing a signature. (4) Taking a verification on …