Indiana Code 33-38-14-10. Disqualification; suspension; retirement; censure; removal
(1) an indictment or information charging the judge in a United States court with a crime punishable as a felony under Indiana or federal law; or
Terms Used In Indiana Code 33-38-14-10
- commission: means the commission on judicial qualifications described in Article 7, Section 9 of the Constitution of the State of Indiana. See Indiana Code 33-38-14-2
- Conviction: A judgement of guilt against a criminal defendant.
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- judge: means a judge of a superior or probate court. See Indiana Code 33-38-14-4
- United States: includes the District of Columbia and the commonwealths, possessions, states in free association with the United States, and the territories. See Indiana Code 1-1-4-5
(b) On recommendation of the commission or on its own motion, the supreme court may suspend a judge from office without salary if in a United States court the judge pleads guilty or no contest or is found guilty of a crime that:
(1) is punishable as a felony under Indiana or federal law; or
(2) involves moral turpitude under the law.
If the judge’s conviction is reversed, the suspension terminates and the judge shall be paid the judge’s salary for the period of suspension. If the judge’s conviction becomes final, the supreme court shall remove the judge from office.
(c) On recommendation of the commission, the supreme court may:
(1) retire a judge for a disability that:
(A) seriously interferes with the performance of the judge’s duties; and
(B) is or is likely to become permanent; and
(2) censure or remove a judge for an action that:
(A) occurs not more than six (6) years before the beginning of the judge’s current term; and
(B) constitutes at least one (1) of the following:
(i) Willful misconduct in office.
(ii) Willful or persistent failure to perform the judge’s duties.
(iii) Habitual intemperance.
(iv) Conduct prejudicial to the administration of justice that brings the judicial office into disrepute.
A judge retired under this subsection is considered to have retired voluntarily. A judge removed under this subsection is ineligible for judicial office and, pending further order of the supreme court, is suspended from the practice of law in Indiana.
[Pre-2004 Recodification Citation: 33-2.1-6-4.]
As added by P.L.98-2004, SEC.17.