Indiana Code 33-38-14-19. Hearing
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Sec. 19. (a) The commission, or the masters when the hearing is before the masters, may proceed with the hearing whether or not the judge files an answer or appears at the hearing.
(c) The hearing shall be reported verbatim.
(b) The failure of a judge to answer or to appear at the hearing by itself is not evidence of the facts alleged and does not constitute grounds for censure, retirement, or removal. In a proceeding for involuntary retirement for disability, the failure of a judge to testify in the judge’s own behalf or to submit to a medical examination requested by the commission or the masters may be considered, unless the failure was due to circumstances beyond the judge’s control.
Terms Used In Indiana Code 33-38-14-19
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- 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
- 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 a superior or probate court. See Indiana Code 33-38-14-4
- masters: means the special masters appointed by the chief justice upon request of the commission. See Indiana Code 33-38-14-6
- Testify: Answer questions in court.
(d) At a hearing before the commission, not less than four (4) members must be present when the evidence is produced.
[Pre-2004 Recodification Citation: 33-2.1-6-13.]
As added by P.L.98-2004, SEC.17.