§ 33-38-13-29 — Petition for modification or rejection of commission's recommendation

Indiana § 33-38-13-29

• Jurisdiction: Indiana
• Art. 38: JUDGES
• Ch. 13: The Commission on Judicial Qualifications and the

Text

(a) Not more than thirty (30) days after a
certified copy of the commission's recommendation is filed with the
clerk of the supreme court, a justice or judge may petition the supreme
court to modify or reject the commission's recommendation.
(b) The justice or judge shall verify the petition. The petition must
be based on the record. The petition must specify the grounds relied on
and must 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 on
the justice or judge. Not more than twenty (20) days after service of
respondent's brief, the petitioner may file a reply brief and shall serve
two (2) copies on the commission and one (1) copy on the counsel.
(d) Failure to timely file a petition is considered consent to the
determination on the merits based upon the record filed by the
commission.
(e) 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: 33-2.1-5-22.]

Legislative History

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