§ 33-38-14-31 — Petition for modification or rejection of commission's recommendation

Indiana § 33-38-14-31

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

Text

(a) A judge may petition the supreme court
to modify or reject the recommendation of the commission for
discipline, retirement, or removal of the judge not more than thirty (30)
days after the certified copy of the commission's recommendation is
filed with the clerk of the supreme court.
(b) A petition described in subsection (a) must:
(1) be verified;
(2) be based on the record;
(3) specify the grounds relied on; and
(4) 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 of
the brief on the judge.
(d) Not more than twenty (20) days after service of the respondent's
brief, the judge may file a reply brief. The judge shall serve two (2)
copies of the reply brief on the commission and one (1) copy of the
reply brief on the counsel.
(e) Failure to timely file a petition is considered consent to the
determination on the merits based on the record filed by the
commission.
(f) 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: 33-2.1-6-25.]

Legislative History

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