§ 33-33-71-51 — Complaint by citizen; investigation

Indiana § 33-33-71-51

• Jurisdiction: Indiana
• Art. 33: COURT SYSTEM ORGANIZATION IN EACH
• Ch. 71: St. Joseph County

Text

(a) Any citizen of Indiana may complain to
the commission on judicial qualifications with reference to the
activities, fitness, or qualifications of any judge of the St. Joseph
superior court. Upon receiving a complaint or request, the commission
on judicial qualifications shall make an initial inquiry to determine if
a complaint is founded and not frivolous. The commission on judicial
qualifications, without receiving a complaint, may make an initial
inquiry on its own motion.
(b) If the commission on judicial qualifications considers it
necessary as a result of its initial inquiry to conduct further
investigation, the judge involved may then be notified of the
investigation, the nature of the charge, the complaint that must be in
writing, the name of the person making the complaint, if any, or that
the investigation is on the commission's own motion and the judge shall
be afforded reasonable opportunity in the course of the investigation to
present matters as the judge may choose. When this notice is given, it
must be by prepaid registered or certified mail addressed to the judge
at the judge's chambers and at the judge's last known address. If the
investigation does not disclose sufficient cause to warrant further
proceedings, the judge may be so notified. The commission on judicial
qualifications may make investigations by members of the commission
or by special investigators employed by the commission, hold
confidential hearings with the person filing the complaint or with the
person's agents or attorneys, and hold confidential hearings with the
judge involved in the complaint.
(c) If the commission on judicial qualification's initial inquiry or
investigation does not disclose sufficient cause to warrant further
proceedings and if the complainant subsequently issues any statement
or statements of any kind for public dissemination relating to the
activities or actions of the commission, the commission may answer
that statement by reference to as much of the record of its proceedings
or results of its investigation as it considers necessary.
[Pre-2004 Recodification Citation: 33-5-40-55.]

Legislative History

As added by P.L.98-2004, SEC.12.