§ 33-33-71-67 — Discovery

Indiana § 33-33-71-67

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

Text

(a) In all formal proceedings, discovery
shall be available to the commission on judicial qualifications and to
the judge in accordance with the Indiana Rules of Civil Procedure. Any
motions requesting court orders for discovery shall be made to the St.
Joseph circuit court.
(b) In all formal proceedings before the commission on judicial
qualifications, the counsel shall furnish to the judge not less than
twenty (20) days before any hearing the following:
(1) The names and addresses of all witnesses whose testimony the
counsel expects to offer at the hearing together with copies of all
written statements and transcripts of testimony of the witnesses in
the possession of the counsel or the commission that are relevant
to the subject matter of the hearing and that have not previously
been furnished the judge.
(2) Copies of all documentary evidence that the counsel expects
to offer in evidence at the hearing. The testimony of any witness,
except if offered in rebuttal or for impeachment, whose name and
address have not been furnished to the judge, and documentary
evidence, copies of which have not been furnished to the judge,
as provided in this subsection, are not admissible in evidence at
the hearing over the objection of the judge. After formal
proceedings have been instituted, the judge may request in writing
that the counsel furnish to the judge the names and addresses of
all witnesses then or thereafter known to the counsel who have
information that may be relevant to any charge against the judge
and to any defense of the judge with respect to the charge. The
counsel shall also furnish copies of such written statements,
transcripts of testimony, and documentary evidence as are then or
thereafter known to the counsel and are then or thereafter in the
possession of the counsel or the commission that are relevant to
any charges or defense and that have not previously been
furnished the judge. The counsel shall comply with a request
within ten (10) days after receipt of the request and thereafter
within ten (10) days after any information or evidence becomes
known to the counsel.
(c) During the course of an investigation by the commission on
judicial qualifications, the judge whose conduct is being investigated
may demand in writing that the commission either institute formal
proceedings against the judge or enter a formal finding that there is not
probable cause to believe that the judge is guilty of any misconduct.
The commission on judicial qualifications shall within sixty (60) days
after the judge's demand comply with the demand. A copy of the
demand must be filed with the supreme court and is a matter of public
record. If, after a demand, the commission on judicial qualifications
finds that there is not probable cause, that finding must be filed with
the supreme court and is a matter of public record.
[Pre-2004 Recodification Citation: 33-5-40-71.]

Legislative History

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