Sec. 29. (a) Not more than thirty (30) days after a certified copy of the commission‘s recommendation is filed with the clerk of the supreme court, a justice or judge may petition the supreme court to modify or reject the commission’s recommendation.

     (b) The justice or judge shall verify the petition. The petition must be based on the record. The petition must specify the grounds relied on and must be accompanied by the petitioner’s brief and proof of service of two (2) copies of the petition and brief on the commission and one (1) copy of the petition and brief on the counsel.

Terms Used In Indiana Code 33-38-13-29

  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • 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

  • judge: means a judge of the court of appeals. See Indiana Code 33-38-13-4
     (c) Not more than twenty (20) days after service of the petitioner’s brief, the commission shall file a respondent’s brief and serve a copy on the justice or judge. Not more than twenty (20) days after service of respondent’s brief, the petitioner may file a reply brief and shall serve two (2) copies on the commission and one (1) copy on the counsel.

     (d) Failure to timely file a petition is considered consent to the determination on the merits based upon the record filed by the commission.

     (e) To the extent necessary and not inconsistent with this section, the Indiana Rules of Appellate Procedure apply to reviews by the supreme court of commission proceedings.

[Pre-2004 Recodification Citation: 33-2.1-5-22.]

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

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