§ 5-8-1-35 — Verification of accusation; citing party; hearing; judgment

(a) When an accusation in writing, verified by
the oath of any person or in resolutions adopted by a county executive
and county fiscal body in accordance with IC 36-2-8.7 or IC 36-6-4.5,
is presented to a circuit court, superior court, or probate court, alleging
that any officer within the jurisdiction of the court has been guilty of:
(1) charging and collecting illegal fees for services rendered or to
be rendered in the officer's office;
(2) refusing, neglecting, or being unable to perform the official
duties pertaining to the officer's office;
(3) in the case of a county officer (as defined in IC 36-2-8.7-1),
failing to be physically present in the county officer's office in
violation of IC 36-2-8.7-7;
(4) violating IC 36-6-4-17(b) if the officer is the executive of a
township; or
(5) failing, refusing, or being unable to participate in four (4)
consecutive regular meetings of the county executive, if the
officer is a member of a county executive;
the court must cite the party charged to appear before the court at any
time not more than ten (10) nor less than five (5) days from the time the
accusation was presented, and on that day or some other subsequent
day not more than twenty (20) days from the time the accusation was
presented must proceed to hear, in a summary manner, the accusation
and evidence offered in support of the same, and, if the accused party
appears before the court, the answer and evidence offered by the party
accused. If the accused party does not appear before the court, the court
may proceed to hear and determine the accusation in the accused
party's absence.
(b) If after the hearing under subsection (a) it appears that the
charge is sustained, the court must do the following:
(1) Enter a decree that the party accused be deprived of the party's
office.
(2) Enter a judgment as follows:
(A) For five hundred dollars ($500) in favor of the prosecuting
officer.
(B) For costs as are allowed in civil cases.
(C) For the amount of money that was paid to the officer in
compensation from the day when the accusation was filed under
this section to the day when judgment is entered in favor of the
public entity paying the compensation to the officer.
(c) In an action under this section, a court may award reasonable
attorney's fees, court costs, and other reasonable expenses of litigation
to the accused officer if:
(1) the officer prevails; and
(2) the court finds that the accusation is frivolous or vexatious.
Formerly: Acts 1897, c.182, s.35. As amended by P.L.34-1992,
SEC.1; P.L.84-2016, SEC.25; P.L.169-2021, SEC.1; P.L.9-2022,
SEC.5; P.L.24-2022, SEC.1; P.L.159-2025, SEC.2.