Sec. 21. (a) In formal proceedings involving the discipline, retirement, or removal of a judge, the judge may:

(1) defend against the charges by introducing evidence;

Terms Used In Indiana Code 33-38-14-21

  • 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
  • counsel: means the lawyer designated by the commission to:

    Indiana Code 33-38-14-3

  • 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.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
  • 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
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(2) be represented by counsel;

(3) examine and cross-examine witnesses; and

(4) issue subpoenas for attendance of witnesses to testify or produce evidentiary matter.

     (b) If testimony is transcribed at the expense of the commission, a copy shall be provided to the judge at no cost. The judge is entitled to have testimony transcribed at the judge’s expense.

     (c) Except as otherwise provided in this chapter, any notice or matter sent to the judge shall be mailed by registered or certified mail to the judge at the judge’s office and residence unless the judge requests otherwise in writing. A copy of the notice or matter shall be mailed to the judge’s counsel.

     (d) If a judge has been adjudicated incapacitated under IC 29-3, the judge’s guardian may exercise any right or privilege and make any defense for the judge as if exercised or made by the judge. If any notice or matter is sent to the judge, a copy of the notice or matter also shall be sent to the judge’s guardian.

[Pre-2004 Recodification Citation: 33-2.1-6-15.]

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