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 chambers and last known residence. The proceedings must be entitled:

     “BEFORE THE INDIANA JUDICIAL

Terms Used In Indiana Code 33-38-13-14

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Chambers: A judge's office.
  • commission: means the commission on judicial qualifications described in Article 7, Section 9 of the Constitution of the State of Indiana. See Indiana Code 33-38-13-2
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • judge: means a judge of the court of appeals. See Indiana Code 33-38-13-4
  • mail: includes ordinary mail or personal delivery. See Indiana Code 33-38-13-5
     QUALIFICATIONS COMMISSION

     Inquiry Concerning a (Justice) Judge, No. _______”.

     (b) The notice must:

(1) be issued in the name of the commission;

(2) specify in ordinary and concise language the charges against the justice or judge and the alleged facts upon which the charges are based; and

(3) advise the justice or judge of the justice’s or judge’s right to file a written answer to the charges not more than twenty (20) days after service of the notice.

A charge is not sufficient if it merely recites the general language of the original complaint, but must specify the facts relied upon to support a particular charge.

     (c) A copy of the notice shall be filed in the office of the commission.

[Pre-2004 Recodification Citation: 33-2.1-5-7.]

As added by P.L.98-2004, SEC.17.