Indiana Code 33-38-13-17. Hearing
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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.
(c) The hearing shall be reported verbatim.
(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 to constitute grounds for censure, retirement, or removal. In a proceeding for involuntary retirement for disability, the failure of a justice or judge to testify in the justice’s or judge’s behalf or to submit to a medical examination requested by the commission or the masters may be considered, unless the failure was due to circumstances beyond the justice’s or judge’s control.
Terms Used In Indiana Code 33-38-13-17
- 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
- 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
- masters: means the special masters appointed by the chief justice upon request of the commission. See Indiana Code 33-38-13-6
- Testify: Answer questions in court.
(d) At least four (4) commission members must be present when evidence is produced at a hearing before the commission.
[Pre-2004 Recodification Citation: 33-2.1-5-10.]
As added by P.L.98-2004, SEC.17.