§ 33-33-71-57 — Rights of judge in formal proceedings

Indiana § 33-33-71-57

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

Text

(a) In formal proceedings involving the
judge's discipline, retirement, or removal, a judge has the right and
reasonable opportunity to defend against the charges by the
introduction of evidence, to be represented by counsel, and to examine
and cross-examine witnesses. The judge has the right to the issuance
of subpoenas for attendance of witnesses to testify or produce books,
papers, and other evidentiary matter.
(b) When a transcript of the testimony has been prepared at the
expense of the commission on judicial qualifications, a copy shall be
furnished without cost to the judge. The judge has the right, without
any order or approval, to have all or any part of the testimony in the
proceedings transcribed at the judge's expense.
(c) Except as otherwise provided in this chapter, whenever provision
is made for giving notice or sending any matter to the judge, that notice
or matter must be mailed by registered or certified mail to the judge at
the judge's office and residence unless the judge requests otherwise in
writing, and a copy is mailed to the judge's attorney of record.
(d) If the judge has been adjudged incapacitated under IC 29-3, the
guardian may claim and exercise any right and privilege and make any
defense for the judge with the same force and effect as if claimed,
exercised, or made by the judge, if competent, and whenever these
rules provide for serving or giving notice or sending any matter to the
judge, a copy of the notice or matter also shall be served, given, or sent
to the guardian.
[Pre-2004 Recodification Citation: 33-5-40-61.]

Legislative History

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