§ 33-38-14-15 — Request of justice or judge to retire; complaint by citizen or on commission's own motion; investigation

Indiana § 33-38-14-15

• Jurisdiction: Indiana
• Art. 38: JUDGES
• Ch. 14: The Commission on Judicial Qualifications and the

Text

(a) A judge may request retirement due to
disability.
(b) A citizen of Indiana may complain to the commission about the
activities, fitness, or qualifications of a judge. Upon receipt of a
complaint, the commission shall determine if the complaint is
frivolous. The commission may, on its own motion, inquire into the
activities, fitness, or qualifications of a judge.
(c) If the commission determines it is necessary to investigate a
judge, the commission shall notify the judge by prepaid registered or
certified mail addressed to the judge at the judge's chambers and last
known residence of 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 in the court of the investigation
matters as the judge chooses.
(d) The commission may do the following:
(1) Conduct investigations.
(2) Employ special investigators.
(3) Hold confidential hearings with the judge's or commission's
agents or attorneys.
(4) Hold confidential hearings with any judge involved.
(e) If:
(1) the commission's initial inquiry or investigation does not
disclose sufficient cause to warrant further proceedings; and
(2) the complainant subsequently issues any public statement
relating to the activities or actions of the commission;
the commission may answer the statement by referring to the record of
proceedings or the results of the investigations.
[Pre-2004 Recodification Citation: 33-2.1-6-9.]

Legislative History

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