Indiana Code 33-38-14-31. Petition for modification or rejection of commission’s recommendation
(b) A petition described in subsection (a) must:
Terms Used In Indiana Code 33-38-14-31
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Clerk: means the clerk of the court or a person authorized to perform the clerk's duties. See Indiana Code 1-1-4-5
- 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
- judge: means a judge of a superior or probate court. See Indiana Code 33-38-14-4
- Verified: when applied to pleadings, means supported by oath or affirmation in writing. See Indiana Code 1-1-4-5
(2) be based on the record;
(3) specify the grounds relied on; and
(4) be accompanied by the petitioner’s brief and proof of service of two (2) copies of the petition and brief on the commission and one (1) copy of the petition and brief on the counsel.
(c) Not more than twenty (20) days after service of the petitioner’s brief, the commission shall file a respondent’s brief and serve a copy of the brief on the judge.
(d) Not more than twenty (20) days after service of the respondent’s brief, the judge may file a reply brief. The judge shall serve two (2) copies of the reply brief on the commission and one (1) copy of the reply brief on the counsel.
(e) Failure to timely file a petition is considered consent to the determination on the merits based on the record filed by the commission.
(f) To the extent necessary and not inconsistent with this section, the Indiana Rules of Appellate Procedure apply to reviews by the supreme court of commission proceedings.
[Pre-2004 Recodification Citation: 33-2.1-6-25.]
As added by P.L.98-2004, SEC.17.