Sec. 28. Upon recommending the censure, retirement, or removal of a justice or judge, the commission shall promptly file the following with the clerk of the supreme court:

(1) A copy of the recommendation certified by the chairman or secretary of the commission.

Terms Used In Indiana Code 33-38-13-28

  • Clerk: means the clerk of the court or a person authorized to perform the clerk's duties. 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.
  • 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
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
(2) A transcript of the evidence.

(3) Findings of fact and conclusions of law.

The commission shall promptly mail to the justice or judge and the counsel notice of the filing and copies of the filed documents.

[Pre-2004 Recodification Citation: 33-2.1-5-21.]

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