Sec. 16. (a) If the commission decides to institute formal proceedings, the commission shall give written notice to the judge advising the judge of the institution of formal proceedings to inquire into the charges against judge. The proceedings must be entitled:

     “BEFORE THE INDIANA JUDICIAL QUALIFICATIONS COMMISSION

Terms Used In Indiana Code 33-38-14-16

  • 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
     Inquiry Concerning a Judge, No. _______”.

     (b) The notice must:

(1) specify in ordinary and concise language the charges against the judge and the alleged facts upon which the charges are based; and

(2) advise the judge of the judge’s right to file a written answer not more then twenty (20) days after service of notice.

A charge is not sufficient if it recites the general language of the original complaint.

     (c) The notice shall be made upon the judge by registered or certified mail addressed to the judge at the judge’s chambers and last known residence.

[Pre-2004 Recodification Citation: 33-2.1-6-10.]

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