§ 33-38-14-21 — Rights of a judge; notice; incapacitation

Indiana § 33-38-14-21

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

Text

(a) In formal proceedings involving the
discipline, retirement, or removal of a judge, the judge may:
(1) defend against the charges by introducing evidence;
(2) be represented by counsel;
(3) examine and cross-examine witnesses; and
(4) issue subpoenas for attendance of witnesses to testify or
produce evidentiary matter.
(b) If testimony is transcribed at the expense of the commission, a
copy shall be provided to the judge at no cost. The judge is entitled to
have testimony transcribed at the judge's expense.
(c) Except as otherwise provided in this chapter, any notice or
matter sent to the judge shall be mailed by registered or certified mail
to the judge at the judge's office and residence unless the judge
requests otherwise in writing. A copy of the notice or matter shall be
mailed to the judge's counsel.
(d) If a judge has been adjudicated incapacitated under IC 29-3, the
judge's guardian may exercise any right or privilege and make any
defense for the judge as if exercised or made by the judge. If any notice
or matter is sent to the judge, a copy of the notice or matter also shall
be sent to the judge's guardian.
[Pre-2004 Recodification Citation: 33-2.1-6-15.]

Legislative History

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