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

Terms Used In Indiana Code 33-38-13-16

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • 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
  • counsel: means the lawyer designated by the commission to:

    Indiana Code 33-38-13-3

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • 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
  • masters: means the special masters appointed by the chief justice upon request of the commission. See Indiana Code 33-38-13-6
(2) request the supreme court to appoint three (3) active or retired justices or judges of courts of record as special masters to hear and take evidence and report to the commission.

     (b) The commission shall:

(1) set a date, time, and place for a hearing under subsection (a); and

(2) give notice of the hearing by registered or certified mail to the justice or judge, the masters, and the counsel not less than twenty (20) days before the date of the hearing.

[Pre-2004 Recodification Citation: 33-2.1-5-9.]

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