Sec. 15. (a) A judge may request retirement due to disability.

     (b) A citizen of Indiana may complain to the commission about the activities, fitness, or qualifications of a judge. Upon receipt of a complaint, the commission shall determine if the complaint is frivolous. The commission may, on its own motion, inquire into the activities, fitness, or qualifications of a judge.

Terms Used In Indiana Code 33-38-14-15

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Chambers: A judge's office.
  • 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
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • judge: means a judge of a superior or probate court. See Indiana Code 33-38-14-4
  • mail: includes ordinary mail or personal delivery. See Indiana Code 33-38-14-5
     (c) If the commission determines it is necessary to investigate a judge, the commission shall notify the judge by prepaid registered or certified mail addressed to the judge at the judge’s chambers and last known residence of the following:

(1) The investigation.

(2) The nature of the complaint.

(3) The origin of the complaint, including the name of the complainant or that the investigation is on the commission’s motion.

(4) The opportunity to present in the court of the investigation matters as the judge chooses.

     (d) The commission may do the following:

(1) Conduct investigations.

(2) Employ special investigators.

(3) Hold confidential hearings with the judge’s or commission’s agents or attorneys.

(4) Hold confidential hearings with any judge involved.

     (e) If:

(1) the commission’s initial inquiry or investigation does not disclose sufficient cause to warrant further proceedings; and

(2) the complainant subsequently issues any public statement relating to the activities or actions of the commission;

the commission may answer the statement by referring to the record of proceedings or the results of the investigations.

[Pre-2004 Recodification Citation: 33-2.1-6-9.]

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

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