Indiana Code 33-38-13-19. Rights of judge; proceedings; notice; incapacity
(1) Defend against the charges by introducing evidence.
Terms Used In Indiana Code 33-38-13-19
- Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
- 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.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
- 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
- Testify: Answer questions in court.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(3) Examine and cross-examine witnesses.
(4) Issue subpoenas for attendance of witnesses to testify or produce evidentiary matter under section 31 of this chapter.
(b) The commission shall transcribe the testimony and provide a copy at no cost to the justice or judge. The justice or judge is entitled to have any part of the testimony transcribed at the justice’s or judge’s expense.
(c) Except as otherwise provided in this chapter, notice or any other matter shall be sent to a justice or judge by registered or certified mail to the justice or judge at the justice’s or judge’s office and residence unless the justice or judge requests otherwise in writing. A copy of the notice or other matter must be mailed to the justice’s or judge’s attorney of record.
(d) If a justice or judge has been adjudged incapacitated under IC 29-3, the justice’s or judge’s guardian may claim and exercise any right and privilege and make any defense for the justice or judge with the same force and effect as if claimed, exercised, or made by the justice or judge if competent. If the rules provide for serving or giving notice or sending any matter to the justice or judge, a copy of any notice or other matter sent to the justice or judge also shall be served, given, or sent to the justice’s or judge’s guardian.
[Pre-2004 Recodification Citation: 33-2.1-5-12.]
As added by P.L.98-2004, SEC.17.