§ 33-38-13-13 — Complaint; investigation

(a) Any Indiana citizen may complain to
the commission about the activities, fitness, or qualifications of a judge
or justice. Upon receiving a complaint, the commission shall determine
if the complaint is founded and not frivolous. If the commission
determines that the complaint is frivolous or malicious, the commission
shall file with the proper court charges against the complainant. The
commission, without receiving a complaint, may conduct an initial
inquiry on its own motion.
(b) If the commission determines it is necessary to investigate a
justice or judge, the commission shall notify the justice or judge by
prepaid registered or certified mail addressed to the justice or judge at
the justice's or judge's chambers and last known residence. The notice
must contain information concerning the following:
(1) The investigation.
(2) The nature of the complaint.
(3) The origin of the complaint, including the name of the
complainant or that the investigation is on the commission's
motion.
(4) The opportunity to present matters as the justice or judge may
choose.
If the investigation does not disclose sufficient cause to warrant further
proceedings the justice or judge shall be so notified.
(c) The commission may do the following:
(1) Make investigations or employ special investigators.
(2) Hold confidential hearings with the complainant or the
complainant's agents or attorneys.
(3) Hold confidential hearings with the judge or justice involved
in the complaint.
(d) If:
(1) the commission's initial inquiry or investigation does not
disclose sufficient cause to warrant further proceedings; and
(2) the complainant issues a public statement relating to the
activities or actions of the commission;
the commission may answer the statement by referring to the record of
its proceedings or the results of its investigation.
[Pre-2004 Recodification Citation: 33-2.1-5-6.]

Legislative History

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