reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 10. Private Judges › 33-38-10-2. Persons Who May Act as Private Judge

Sec. 2. (a) A person who:
(1) has been but is not currently a judge of a circuit, superior, criminal, probate, municipal, or county court and has served in the capacity of judge for at least four (4) consecutive years;
(2) is admitted to the practice of law in Indiana; and
(3) is a resident of Indiana;
may act as judge for certain cases under this chapter.
(b) A person may act as a judge of a case under this chapter only if:
(1) all parties to the action file a written petition with the chief administrative officer of the office of judicial administration consenting to the case being heard by a private judge, and naming the person whom the parties wish to have as private judge;
(2) the case is one over which the court in which the former judge served would have had subject matter and monetary jurisdiction;
(3) the case is founded exclusively on contract, tort, or a combination of contract and tort; and
(4) the case is one in which a utility (as defined in IC 8-1-2-1) is not a party.
[Pre-2004 Recodification Citation: 33-13-15-2.]
As added by P.L.98-2004, SEC.17. Amended by P.L.161-2018, SEC.100.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 10. Private Judges › 33-38-10-3. Registration of Former Judges; List; Petition to Have Case Heard by Private Judge; Appointment

Sec. 3. (a) A former judge qualified under section 2(a) of this chapter who wishes to serve as a private judge must register with the chief administrative officer of the office of judicial administration. The chief administrative officer shall:
(1) compile;
(2) periodically update; and
(3) make available to the public;
a list of registered former judges.
(b) If the parties to an action wish to have the action heard before a private judge, the parties shall submit to the chief administrative officer of the office of judicial administration a written petition as described in section 2(b)(1) of this chapter. After verifying that the former judge is qualified under section 2(a) of this chapter and is registered under subsection (a), the chief administrative officer shall forward the petition to the former judge named on the petition.
(c) The regular or presiding judge of the court in which the action is filed shall appoint the private judge to hear the action if the written petition of the parties to the action and the written consent of the private judge to hear the action is presented to the regular or presiding judge:
(1) contemporaneously with the filing of the action; or
(2) after the action has been filed.
[Pre-2004 Recodification Citation: 33-13-15-3.]
As added by P.L.98-2004, SEC.17. Amended by P.L.161-2018, SEC.101.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 10. Private Judges › 33-38-10-4. Conduct of Trial Without Jury; Powers of Judge; Records; Applicability of Rules of Civil Procedure; Appeals

Sec. 4. (a) A trial conducted by a private judge shall be conducted without a jury.
(b) A person who serves as a private judge has, for each case the private judge hears, the same powers as the judge of a circuit court in relation to:
(1) court procedure;
(2) deciding the outcome of the case;
(3) attendance of witnesses;
(4) punishment of contempts;
(5) enforcement of orders;
(6) administering oaths; and
(7) giving all necessary certificates for the authentication of the records and proceedings.
(c) All proceedings in an action heard by a private judge are of record and must be:
(1) filed with the clerk of the circuit court in the county of proper venue under the Indiana Rules of Trial Procedure; and
(2) made available to the public in the same manner as circuit court records.
(d) The Indiana Rules of Trial Procedure apply for all actions brought before a private judge. An appeal from an action or a judgment of a private judge may be taken in the same manner as an appeal from the circuit court of the county where the case is filed.
[Pre-2004 Recodification Citation: 33-13-15-4.]
As added by P.L.98-2004, SEC.17.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 10. Private Judges › 33-38-10-5. Costs

Sec. 5. Costs in an action brought before a private judge shall be taxed and distributed in the same manner as costs in the circuit court of the county in which the case is filed.
[Pre-2004 Recodification Citation: 33-13-15-5.]
As added by P.L.98-2004, SEC.17.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 10. Private Judges › 33-38-10-6. Clerk of Court; Sheriff; Duties

Sec. 6. (a) The clerk of the circuit court of the county in which the case is filed serves as the clerk of the court for a case heard by a private judge, and the sheriff of that county serves as the sheriff of the court for the case. The sheriff shall attend the proceedings. The clerk and the sheriff shall perform the same duties relating to their offices as are required for the circuit court of the county in which the case is filed.
(b) The clerk of the circuit court of the county in which the case is filed shall provide to a private judge for each case all books, dockets, papers, and printed blanks necessary to discharge the duties of the court.
[Pre-2004 Recodification Citation: 33-13-15-6.]
As added by P.L.98-2004, SEC.17. Amended by P.L.78-2014, SEC.18.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 10. Private Judges › 33-38-10-7. Time and Place of Hearing; Notice of Proceeding

Sec. 7. (a) A case heard by a private judge may be heard:
(1) at any time; and
(2) at any place in Indiana;
that is mutually agreeable to all parties and the judge.
(b) There shall be posted in the office of the clerk of the circuit court of the county in which the case is filed, in a place accessible to the public, a notice of the date, time, and place of any proceeding, including:
(1) a hearing on a motion for judgment by default;
(2) a hearing for judgment on the pleadings;
(3) a hearing for summary judgment; and
(4) a trial upon the merits;
that could result in a judgment. The notice shall be posted at least three (3) days before the proceeding is conducted.
[Pre-2004 Recodification Citation: 33-13-15-7.]
As added by P.L.98-2004, SEC.17.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 10. Private Judges › 33-38-10-8. Compensation and Costs

Sec. 8. Notwithstanding the rules of trial procedure, a private judge may receive compensation for hearing a case in an amount and subject to the terms and conditions agreed to by the judge and the parties to the case. A contract for the services of a private judge must provide for the payment of the judge's compensation by the parties. In addition, the contract must include terms and conditions relating to:
(1) the compensation of all personnel; and
(2) the costs of all facilities and materials;
as determined by the clerk of the court that are used in relation to the case and not otherwise covered.
[Pre-2004 Recodification Citation: 33-13-15-8.]
As added by P.L.98-2004, SEC.17.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 10. Private Judges › 33-38-10-9. Adoption of Rules by Supreme Court

Sec. 9. The supreme court shall adopt rules to carry out this chapter.
[Pre-2004 Recodification Citation: 33-13-15-9.]
As added by P.L.98-2004, SEC.17.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 11. Temporary Judges › 33-38-11-1. Appointment; Residence; Term; Juvenile Law Judge

Sec. 1. (a) The judge of a circuit or superior court may appoint temporary judges. Each temporary judge must be:
(1) a competent attorney admitted to the practice of law in Indiana; and
(2) a resident of the judicial district of the court after the temporary judge's appointment.
The temporary judge's appointment must be in writing. The temporary judge continues in office until removed by the judge.
(b) A temporary juvenile law judge may be appointed under this subsection for the exclusive purpose of hearing cases arising under IC 31-30 through IC 31-40. The appointment shall be made under an agreement between at least two (2) judges of courts located:
(1) in the same county; or
(2) in counties that are adjacent to each other.
(c) An agreement under subsection (b) must:
(1) be filed with the circuit court clerk of each county in which a court subject to the agreement is located;
(2) specify the duration of the agreement, which may not exceed one (1) year; and
(3) permit a judge to end the participation of a court in the agreement.
[Pre-2004 Recodification Citation: 33-13-16-1.]
As added by P.L.98-2004, SEC.17. Amended by P.L.201-2011, SEC.105.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 11. Temporary Judges › 33-38-11-2. Powers; Administration of Oaths; Certifying Affidavits and Depositions; Subpoenas; Preliminary Hearings; Warrants

Sec. 2. A temporary judge:
(1) may:
(A) administer all oaths and affirmations required by law;
(B) take and certify affidavits and depositions; and
(C) issue subpoenas for witnesses whose testimony is to be taken before the temporary judge;
(2) has the same power to compel the attendance of witnesses and to punish contempts as the judge of the court;
(3) may:
(A) conduct preliminary hearings in criminal matters;
(B) issue search warrants and arrest warrants; and
(C) fix bond; and
(4) may enforce court rules.
[Pre-2004 Recodification Citation: 33-13-16-2.]
As added by P.L.98-2004, SEC.17.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 11. Temporary Judges › 33-38-11-3. Powers; Hearing Evidence; Findings

Sec. 3. (a) Except as provided in subsection (b), a temporary judge may hear evidence upon and report findings to the judge of the court for each probate, civil, criminal, and other case referred to the temporary judge by that judge. The temporary judge may:
(1) make the final judgment in these cases; and
(2) in a criminal case tried by the court, conduct all sentencing hearings in the case.
(b) If a defendant is being tried for a felony, the judge of the court shall conduct all sentencing hearings and make the final judgment in the case.
[Pre-2004 Recodification Citation: 33-13-16-3.]
As added by P.L.98-2004, SEC.17.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 11. Temporary Judges › 33-38-11-4. Powers; Civil Jury Trial

Sec. 4. A temporary judge may:
(1) conduct a jury trial;
(2) receive the verdict of the jury; and
(3) make and enter the judgment on the jury verdict;
in a civil case referred to the temporary judge by the judge of the court.
[Pre-2004 Recodification Citation: 33-13-16-4.]
As added by P.L.98-2004, SEC.17.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 11. Temporary Judges › 33-38-11-5. Powers; Criminal Jury Trial

Sec. 5. In a criminal jury trial referred to a temporary judge by the judge of the court, the temporary judge may conduct the trial, receive the verdict of the jury, conduct all sentencing hearings, and make all final judgments. However, if the criminal case is a case in which the defendant is being tried for a felony, the judge of the court shall:
(1) make the final judgment in the case; and
(2) conduct all sentencing hearings in the case.
[Pre-2004 Recodification Citation: 33-13-16-5.]
As added by P.L.98-2004, SEC.17.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 11. Temporary Judges › 33-38-11-6. Limitation of Rights and Powers

Sec. 6. The judge of the court may:
(1) limit any of the rights or powers of the temporary judge specified in this chapter; and
(2) specifically determine the duties of the temporary judge within the limits established in this chapter.
[Pre-2004 Recodification Citation: 33-13-16-6.]
As added by P.L.98-2004, SEC.17.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 11. Temporary Judges › 33-38-11-7. Service as Judge Pro Tempore or Special Judge

Sec. 7. A temporary judge may serve as a judge pro tempore or a special judge of the court but is not entitled to additional compensation for that service.
[Pre-2004 Recodification Citation: 33-13-16-7.]
As added by P.L.98-2004, SEC.17.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 11. Temporary Judges › 33-38-11-9. Compensation

Sec. 9. A temporary judge is entitled to twenty-five dollars ($25), paid by the county, for each day of service as a temporary judge.
[Pre-2004 Recodification Citation: 33-13-16-9.]
As added by P.L.98-2004, SEC.17.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 11. Temporary Judges › 33-38-11-10. Limitation on Service; Exceptions

Sec. 10. Except for:
(1) a temporary juvenile law judge appointed under section 1(b) of this chapter for the exclusive purpose of hearing cases arising under IC 31-30 through IC 31-40; or
(2) a temporary judge appointed by a court located in a county having a population of more than two hundred fifty thousand (250,000) and less than two hundred seventy thousand (270,000);
a temporary judge appointed under this chapter may not serve for more than sixty (60) calendar days in all during a calendar year.
[Pre-2004 Recodification Citation: 33-13-16-10.]
As added by P.L.98-2004, SEC.17. Amended by P.L.13-2013, SEC.81; P.L.11-2023, SEC.108.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 11. Temporary Judges › 33-38-11-11. Scope of Service

Sec. 11. A temporary judge appointed under this chapter may serve even though the judge of the court is present and presiding in the court.
[Pre-2004 Recodification Citation: 33-13-16-11.]
As added by P.L.98-2004, SEC.17.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 12. Defense and Indemnification of Judges for Civil Damages › 33-38-12-1. Application of Chapter

Sec. 1. This chapter does not apply to a threatened, pending, or completed action or proceeding that:
(1) results in the criminal conviction of; or
(2) is a disciplinary action or proceeding against;
a judge.
[Pre-2004 Recodification Citation: 33-13-17-1.]
As added by P.L.98-2004, SEC.17.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 12. Defense and Indemnification of Judges for Civil Damages › 33-38-12-2. "Expenses"

Sec. 2. As used in this chapter, "expenses" includes the following:
(1) Reasonable attorney's fees, if the attorney general has authorized the chief administrative officer of the office of judicial administration to hire private counsel to provide the defense.
(2) A judgment.
(3) A settlement.
(4) Court costs.
(5) Discovery costs.
(6) Expert witness fees.
(7) Any other expense incurred as a result of an action or a proceeding.
[Pre-2004 Recodification Citation: 33-13-17-2.]
As added by P.L.98-2004, SEC.17. Amended by P.L.161-2018, SEC.102.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 12. Defense and Indemnification of Judges for Civil Damages › 33-38-12-3. "Judge"

Sec. 3. As used in this chapter, "judge" means an individual who holds or formerly held one (1) of the following offices or appointments:
(1) Justice of the supreme court.
(2) Judge of the court of appeals.
(3) Judge of the tax court.
(4) Judge of a circuit court.
(5) Judge of a superior court.
(6) Judge of a probate court.
(7) Judge of a municipal court.
(8) Judge of a county court.
(9) Judge of a city court.
(10) Judge of a town court.
(11) Judge of a small claims court.
(12) A judge pro tempore, senior judge, temporary judge, or any other individual serving as judge in an action or a proceeding in an Indiana court.
(13) Bail commissioner.
(14) Magistrate.
(15) Master commissioner.
(16) Probate commissioner.
(17) Referee.
[Pre-2004 Recodification Citation: 33-13-17-3.]
As added by P.L.98-2004, SEC.17.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 12. Defense and Indemnification of Judges for Civil Damages › 33-38-12-4. Payment of Expenses

Sec. 4. The state shall pay the expenses incurred by a judge from a threatened, pending, or completed action or proceeding that arises from:
(1) making;
(2) performing; or
(3) failing to make or perform;
a decision, a duty, an obligation, a privilege, or a responsibility of the judge's office.
[Pre-2004 Recodification Citation: 33-13-17-4.]
As added by P.L.98-2004, SEC.17.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 13. The Commission on Judicial Qualifications and the Retirement, Discipline, and Removal of Justices and Judges › 33-38-13-1. Scope of Law

Sec. 1. This chapter applies to all proceedings before the commission on judicial qualifications and masters involving the censure, retirement, or removal of justices of the supreme court and judges of the court of appeals, as provided by Article 7, Section 11 of the Constitution of the State of Indiana.
[Pre-2004 Recodification Citation: 33-2.1-5-29.]
As added by P.L.98-2004, SEC.17.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 13. The Commission on Judicial Qualifications and the Retirement, Discipline, and Removal of Justices and Judges › 33-38-13-2. "Commission" Defined

Sec. 2. As used in this chapter, "commission" means the commission on judicial qualifications described in Article 7, Section 9 of the Constitution of the State of Indiana.
[Pre-2004 Recodification Citation: 33-2.1-1-3.]
As added by P.L.98-2004, SEC.17.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 13. The Commission on Judicial Qualifications and the Retirement, Discipline, and Removal of Justices and Judges › 33-38-13-3. "Counsel" Defined

Sec. 3. As used in this chapter, "counsel" means the lawyer designated by the commission to:
(1) gather and present evidence before the masters or commission with respect to the charges against a judge; and
(2) represent the commission before the supreme court in connection with any proceedings before the court.
[Pre-2004 Recodification Citation: 33-2.1-1-3.]
As added by P.L.98-2004, SEC.17.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 13. The Commission on Judicial Qualifications and the Retirement, Discipline, and Removal of Justices and Judges › 33-38-13-4. "Judge" Defined

Sec. 4. As used in this chapter, "judge" means a judge of the court of appeals.
[Pre-2004 Recodification Citation: 33-2.1-1-3.]
As added by P.L.98-2004, SEC.17.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 13. The Commission on Judicial Qualifications and the Retirement, Discipline, and Removal of Justices and Judges › 33-38-13-5. "Mail" Defined

Sec. 5. As used in this chapter, "mail" includes ordinary mail or personal delivery.
[Pre-2004 Recodification Citation: 33-2.1-1-3.]
As added by P.L.98-2004, SEC.17.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 13. The Commission on Judicial Qualifications and the Retirement, Discipline, and Removal of Justices and Judges › 33-38-13-6. "Masters" Defined

Sec. 6. As used in this chapter, "masters" means the special masters appointed by the chief justice upon request of the commission.
[Pre-2004 Recodification Citation: 33-2.1-1-3.]
As added by P.L.98-2004, SEC.17.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 13. The Commission on Judicial Qualifications and the Retirement, Discipline, and Removal of Justices and Judges › 33-38-13-7. "Presiding Master" Defined

Sec. 7. As used in this chapter, "presiding master" means the master so designated by the chief justice or, in the absence of a designation, the justice or judge named in the order appointing masters.
[Pre-2004 Recodification Citation: 33-2.1-1-3.]
As added by P.L.98-2004, SEC.17.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 13. The Commission on Judicial Qualifications and the Retirement, Discipline, and Removal of Justices and Judges › 33-38-13-8. Age; Temporary Judicial Duties

Sec. 8. (a) Every justice of the supreme court and judge of the court of appeals shall retire at seventy-five (75) years of age.
(b) Notwithstanding subsection (a), the supreme court may authorize retired justices and judges to perform temporary judicial duties in any state court.
[Pre-2004 Recodification Citation: 33-2.1-5-1.]
As added by P.L.98-2004, SEC.17.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 13. The Commission on Judicial Qualifications and the Retirement, Discipline, and Removal of Justices and Judges › 33-38-13-9. Meeting of Commissioners

Sec. 9. (a) The commission shall meet as necessary to discharge its statutory and constitutional responsibilities. Meetings of the commission shall be called in the same manner as prescribed for the judicial nominating commission. Four (4) members of the commission constitute a quorum for the transaction of business.
(b) Meetings of the commission shall be held in Indiana as the chairman of the commission arranges.
(c) The commission may act only at a meeting. The commission may adopt rules and regulations to conduct meetings and discharge its duties.
[Pre-2004 Recodification Citation: 33-2.1-5-2.]
As added by P.L.98-2004, SEC.17.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 13. The Commission on Judicial Qualifications and the Retirement, Discipline, and Removal of Justices and Judges › 33-38-13-10. Papers Filed Before and After Institution of Formal Proceedings; Confidentiality; Public Inspection

Sec. 10. (a) All papers filed with the commission before the institution of formal proceedings under section 14 of this chapter are confidential unless:
(1) the justice or judge against whom a recommendation has been filed elects to have the information divulged; or
(2) the commission elects to answer publicly disseminated statements issued by any complainant.
(b) All papers filed with the commission during and after the institution of formal proceedings are open for public inspection at all reasonable times. Records of commission proceedings are open for public inspection at all reasonable times. After the institution of formal proceedings, all hearings and proceedings before the commission or before the masters appointed under this chapter are open to the public.
[Pre-2004 Recodification Citation: 33-2.1-5-3.]
As added by P.L.98-2004, SEC.17.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 13. The Commission on Judicial Qualifications and the Retirement, Discipline, and Removal of Justices and Judges › 33-38-13-11. Privileged Information

Sec. 11. Filing papers with and giving testimony before the commission or the masters appointed by the supreme court under this chapter are privileged.
[Pre-2004 Recodification Citation: 33-2.1-5-4.]
As added by P.L.98-2004, SEC.17.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 13. The Commission on Judicial Qualifications and the Retirement, Discipline, and Removal of Justices and Judges › 33-38-13-12. Complaint

Sec. 12. (a) A complaint filed with the commission must be in writing and directed to the commission or to any member of the commission.
(b) A specified form of complaint may not be required.
[Pre-2004 Recodification Citation: 33-2.1-5-5.]
As added by P.L.98-2004, SEC.17.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 13. The Commission on Judicial Qualifications and the Retirement, Discipline, and Removal of Justices and Judges › 33-38-13-13. Complaint; Investigation

Sec. 13. (a) Any Indiana citizen may complain to the commission about the activities, fitness, or qualifications of a judge or justice. Upon receiving a complaint, the commission shall determine if the complaint is founded and not frivolous. If the commission determines that the complaint is frivolous or malicious, the commission shall file with the proper court charges against the complainant. The commission, without receiving a complaint, may conduct an initial inquiry on its own motion.
(b) If the commission determines it is necessary to investigate a justice or judge, the commission shall notify the justice or judge by prepaid registered or certified mail addressed to the justice or judge at the justice's or judge's chambers and last known residence. The notice must contain information concerning 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 matters as the justice or judge may choose.
If the investigation does not disclose sufficient cause to warrant further proceedings the justice or judge shall be so notified.
(c) The commission may do the following:
(1) Make investigations or employ special investigators.
(2) Hold confidential hearings with the complainant or the complainant's agents or attorneys.
(3) Hold confidential hearings with the judge or justice involved in the complaint.
(d) If:
(1) the commission's initial inquiry or investigation does not disclose sufficient cause to warrant further proceedings; and
(2) the complainant issues a public statement relating to the activities or actions of the commission;
the commission may answer the statement by referring to the record of its proceedings or the results of its investigation.
[Pre-2004 Recodification Citation: 33-2.1-5-6.]
As added by P.L.98-2004, SEC.17.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 13. The Commission on Judicial Qualifications and the Retirement, Discipline, and Removal of Justices and Judges › 33-38-13-14. Notice of Formal Proceedings

Sec. 14. (a) If the commission concludes, after investigation, to institute formal proceedings against a justice or judge, the commission shall give written notice of the proceedings to the justice or judge by registered or certified mail addressed to the judge at the judge's chambers and last known residence. The proceedings must be entitled:
"BEFORE THE INDIANA JUDICIAL
QUALIFICATIONS COMMISSION
Inquiry Concerning a (Justice) Judge, No. _______".
(b) The notice must:
(1) be issued in the name of the commission;
(2) specify in ordinary and concise language the charges against the justice or judge and the alleged facts upon which the charges are based; and
(3) advise the justice or judge of the justice's or judge's right to file a written answer to the charges not more than twenty (20) days after service of the notice.
A charge is not sufficient if it merely recites the general language of the original complaint, but must specify the facts relied upon to support a particular charge.
(c) A copy of the notice shall be filed in the office of the commission.
[Pre-2004 Recodification Citation: 33-2.1-5-7.]
As added by P.L.98-2004, SEC.17.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 13. The Commission on Judicial Qualifications and the Retirement, Discipline, and Removal of Justices and Judges › 33-38-13-15. Answer

Sec. 15. Not more than twenty (20) days after service of the notice of formal proceedings, the justice or judge:
(1) may file with the commission a signed original and one (1) copy of an answer; and
(2) shall mail a copy of the answer to the counsel.
[Pre-2004 Recodification Citation: 33-2.1-5-8.]
As added by P.L.98-2004, SEC.17.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 13. The Commission on Judicial Qualifications and the Retirement, Discipline, and Removal of Justices and Judges › 33-38-13-16. Setting for Hearing Before Commission or Masters

Sec. 16. (a) Upon the filing of or the expiration of time for filing an answer, the commission shall:
(1) hold a hearing concerning the discipline, retirement, or removal of the justice or judge; or
(2) request the supreme court to appoint three (3) active or retired justices or judges of courts of record as special masters to hear and take evidence and report to the commission.
(b) The commission shall:
(1) set a date, time, and place for a hearing under subsection (a); and
(2) give notice of the hearing by registered or certified mail to the justice or judge, the masters, and the counsel not less than twenty (20) days before the date of the hearing.
[Pre-2004 Recodification Citation: 33-2.1-5-9.]
As added by P.L.98-2004, SEC.17.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 13. The Commission on Judicial Qualifications and the Retirement, Discipline, and Removal of Justices and Judges › 33-38-13-17. Hearing

Sec. 17. (a) The commission or a master may proceed with a scheduled hearing whether or not the judge files an answer or appears at the hearing.
(b) The failure of a justice or judge to answer or appear at the hearing may not be taken as evidence of the truth of the facts alleged to constitute grounds for censure, retirement, or removal. In a proceeding for involuntary retirement for disability, the failure of a justice or judge to testify in the justice's or judge's behalf or to submit to a medical examination requested by the commission or the masters may be considered, unless the failure was due to circumstances beyond the justice's or judge's control.
(c) The hearing shall be reported verbatim.
(d) At least four (4) commission members must be present when evidence is produced at a hearing before the commission.
[Pre-2004 Recodification Citation: 33-2.1-5-10.]
As added by P.L.98-2004, SEC.17.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 13. The Commission on Judicial Qualifications and the Retirement, Discipline, and Removal of Justices and Judges › 33-38-13-18. Evidence

Sec. 18. The Indiana Rules of Evidence apply at a hearing before the commission or the masters.
[Pre-2004 Recodification Citation: 33-2.1-5-11.]
As added by P.L.98-2004, SEC.17.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 13. The Commission on Judicial Qualifications and the Retirement, Discipline, and Removal of Justices and Judges › 33-38-13-19. Rights of Judge; Proceedings; Notice; Incapacity

Sec. 19. (a) In formal proceedings involving a justice's or judge's discipline, retirement, or removal, the justice or judge may do the following:
(1) Defend against the charges by introducing evidence.
(2) Be represented by counsel.
(3) Examine and cross-examine witnesses.
(4) Issue subpoenas for attendance of witnesses to testify or produce evidentiary matter under section 31 of this chapter.
(b) The commission shall transcribe the testimony and provide a copy at no cost to the justice or judge. The justice or judge is entitled to have any part of the testimony transcribed at the justice's or judge's expense.
(c) Except as otherwise provided in this chapter, notice or any other matter shall be sent to a justice or judge by registered or certified mail to the justice or judge at the justice's or judge's office and residence unless the justice or judge requests otherwise in writing. A copy of the notice or other matter must be mailed to the justice's or judge's attorney of record.
(d) If a justice or judge has been adjudged incapacitated under IC 29-3, the justice's or judge's guardian may claim and exercise any right and privilege and make any defense for the justice or judge with the same force and effect as if claimed, exercised, or made by the justice or judge if competent. If the rules provide for serving or giving notice or sending any matter to the justice or judge, a copy of any notice or other matter sent to the justice or judge also shall be served, given, or sent to the justice's or judge's guardian.
[Pre-2004 Recodification Citation: 33-2.1-5-12.]
As added by P.L.98-2004, SEC.17.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 13. The Commission on Judicial Qualifications and the Retirement, Discipline, and Removal of Justices and Judges › 33-38-13-20. Amendments to Notice or Answer

Sec. 20. The masters, at any time before the conclusion of the hearing, or the commission, at any time before its determination:
(1) may allow or require amendments to the notice of formal proceedings; and
(2) may allow amendments to the answer.
The notice may be amended to conform to proof or to set forth additional facts whether occurring before or after the commencement of the hearing. If an amendment is made, the justice or judge shall be given reasonable time both to answer the amendment and to prepare and present a defense.
[Pre-2004 Recodification Citation: 33-2.1-5-13.]
As added by P.L.98-2004, SEC.17.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 13. The Commission on Judicial Qualifications and the Retirement, Discipline, and Removal of Justices and Judges › 33-38-13-21. Report of Masters

Sec. 21. (a) After a hearing, the masters shall promptly prepare and transmit to the commission an original and four (4) copies of a transcript of the hearing and an original and four (4) copies of a report that contains a brief statement of the proceedings and the masters' recommended findings of fact. The recommended findings of facts are not binding upon the commission.
(b) Upon receiving the report of the masters, the commission shall mail a copy of the report and transcript to the justice or judge and the counsel.
[Pre-2004 Recodification Citation: 33-2.1-5-14.]
As added by P.L.98-2004, SEC.17.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 13. The Commission on Judicial Qualifications and the Retirement, Discipline, and Removal of Justices and Judges › 33-38-13-22. Objections to Report of Masters

Sec. 22. Not more than fifteen (15) days after the commission mails a copy of the report of the masters to the justice or judge, the counsel or the justice or judge may file with the commission an original and one (1) copy of objections to the report of masters. If the counsel files objections, the counsel shall mail a copy of the objections to the justice or judge. If the justice or judge files objections, the justice or judge shall send a copy of the objections by registered or certified mail to the counsel.
[Pre-2004 Recodification Citation: 33-2.1-5-15.]
As added by P.L.98-2004, SEC.17.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 13. The Commission on Judicial Qualifications and the Retirement, Discipline, and Removal of Justices and Judges › 33-38-13-23. Appearance Before Commission

Sec. 23. If objections to a report of the masters under section 21 of this chapter are not timely filed, the commission may adopt the recommended findings of the masters without a hearing. If objections are timely filed, or if objections are not timely filed and the commission proposes to modify or reject the recommended findings of the masters, the commission shall give the justice or judge and the counsel an opportunity to be heard before the commission in the county in which the justice or judge resides. The commission shall mail written notice of the time and place of the hearing to the justice or judge and the counsel not less than ten (10) days before the hearing.
[Pre-2004 Recodification Citation: 33-2.1-5-16.]
As added by P.L.98-2004, SEC.17.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 13. The Commission on Judicial Qualifications and the Retirement, Discipline, and Removal of Justices and Judges › 33-38-13-24. Extension of Time

Sec. 24. (a) The chairman of the commission may extend the time for:
(1) filing an answer;
(2) conducting a hearing before the commission; and
(3) filing objections to the report of the masters.
(b) The presiding master may, with the approval of the chairman of the commission, extend the time for conducting a hearing before the masters.
[Pre-2004 Recodification Citation: 33-2.1-5-17.]
As added by P.L.98-2004, SEC.17.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 13. The Commission on Judicial Qualifications and the Retirement, Discipline, and Removal of Justices and Judges › 33-38-13-25. Hearings; Additional Evidence

Sec. 25. The commission may order a hearing to take additional evidence at any time while a matter is pending before it. The hearing must be in the county in which the justice or judge resides. The order must set the time and place of the hearing and shall indicate the matters on which evidence will be taken. The commission shall send a copy of the order to the judge and the counsel not less than ten (10) days before the hearing. If masters have been appointed, the hearing shall be before the masters, and the hearing must conform with sections 18 through 24 of this chapter and this section.
[Pre-2004 Recodification Citation: 33-2.1-5-18.]
As added by P.L.98-2004, SEC.17.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 13. The Commission on Judicial Qualifications and the Retirement, Discipline, and Removal of Justices and Judges › 33-38-13-26. Vote or Recommendation for Censure, Retirement, or Removal

Sec. 26. If the commission finds good cause, it shall recommend to the supreme court the censure, retirement, or removal of a justice or judge. If a hearing is before the masters, the affirmative vote of four (4) members of the commission is required to recommend censure, retirement, or removal of a justice or judge. If a hearing is before the commission, the affirmative vote of four (4) members of the commission, including a majority of the members who were present at the hearing, is required to recommend censure, retirement, or removal of a justice or judge.
[Pre-2004 Recodification Citation: 33-2.1-5-19.]
As added by P.L.98-2004, SEC.17.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 13. The Commission on Judicial Qualifications and the Retirement, Discipline, and Removal of Justices and Judges › 33-38-13-27. Record of Commission Proceedings

Sec. 27. The commission shall keep a record of all formal proceedings concerning a judge. The commission shall record its determination and mail notice of the determination to the justice or judge and the counsel. If the commission recommends censure, retirement, or removal, the commission shall prepare a transcript of the evidence and proceedings and shall make written findings of fact and conclusions of law.
[Pre-2004 Recodification Citation: 33-2.1-5-20.]
As added by P.L.98-2004, SEC.17.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 13. The Commission on Judicial Qualifications and the Retirement, Discipline, and Removal of Justices and Judges › 33-38-13-28. Certification of Commission Recommendation to Supreme Court

Sec. 28. Upon recommending the censure, retirement, or removal of a justice or judge, the commission shall promptly file the following with the clerk of the supreme court:
(1) A copy of the recommendation certified by the chairman or secretary of the commission.
(2) A transcript of the evidence.
(3) Findings of fact and conclusions of law.
The commission shall promptly mail to the justice or judge and the counsel notice of the filing and copies of the filed documents.
[Pre-2004 Recodification Citation: 33-2.1-5-21.]
As added by P.L.98-2004, SEC.17.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 13. The Commission on Judicial Qualifications and the Retirement, Discipline, and Removal of Justices and Judges › 33-38-13-29. Petition for Modification or Rejection of Commission's Recommendation

Sec. 29. (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.]
As added by P.L.98-2004, SEC.17.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 13. The Commission on Judicial Qualifications and the Retirement, Discipline, and Removal of Justices and Judges › 33-38-13-30. Jurisdiction and Powers

Sec. 30. The commission has jurisdiction and powers necessary to conduct the proper and speedy disposition of any investigation or hearing, including the powers to depose witnesses and to order the production of documentary evidence. A member of the commission or a master may administer oaths to witnesses in a matter under the commission's jurisdiction.
[Pre-2004 Recodification Citation: 33-2.1-5-23.]
As added by P.L.98-2004, SEC.17.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 13. The Commission on Judicial Qualifications and the Retirement, Discipline, and Removal of Justices and Judges › 33-38-13-31. Subpoenas

Sec. 31. (a) A master may issue a subpoena for:
(1) the attendance of witnesses;
(2) the production of documentary evidence; or
(3) discovery;
in a proceeding before the masters. The master shall serve the subpoena in the manner provided by law.
(b) The chairman of the commission may issue a subpoena for:
(1) the attendance of witnesses;
(2) the production of documentary evidence; or
(3) discovery;
in a proceeding before the commission in which masters have not been appointed. The chairman shall serve the subpoena in the manner provided by law.
[Pre-2004 Recodification Citation: 33-2.1-5-24.]
As added by P.L.98-2004, SEC.17.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 13. The Commission on Judicial Qualifications and the Retirement, Discipline, and Removal of Justices and Judges › 33-38-13-32. Enforcement of Subpoena

Sec. 32. If a witness in a commission proceeding:
(1) fails or refuses to attend upon subpoena; or
(2) refuses to testify or produce documentary evidence demanded by subpoena;
a circuit court, superior court, or probate court may enforce the subpoena.
[Pre-2004 Recodification Citation: 33-2.1-5-25.]
As added by P.L.98-2004, SEC.17. Amended by P.L.84-2016, SEC.148.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 13. The Commission on Judicial Qualifications and the Retirement, Discipline, and Removal of Justices and Judges › 33-38-13-33. Filing Papers and Pleadings

Sec. 33. All papers and pleadings filed with the office of the chairman of the commission are considered to have been filed with the commission.
[Pre-2004 Recodification Citation: 33-2.1-5-26.]
As added by P.L.98-2004, SEC.17. Amended by P.L.2-2005, SEC.111.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 13. The Commission on Judicial Qualifications and the Retirement, Discipline, and Removal of Justices and Judges › 33-38-13-35. Exclusion

Sec. 35. This chapter does not encroach upon or impair the vested rights of a justice or judge or the surviving spouse of a justice or judge under any constitutional or statutory retirement program.
[Pre-2004 Recodification Citation: 33-2.1-5-28.]
As added by P.L.98-2004, SEC.17.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 14. The Commission on Judicial Qualifications and the Discipline of Judges of Superior, Probate, Juvenile, and Criminal Courts › 33-38-14-1. Purpose

Sec. 1. It is the purpose of this chapter to provide that judges of superior, probate, juvenile, or criminal courts in counties described in section 9 of this chapter are subject to disciplinary action on the grounds and in the manner set forth in this chapter.
[Pre-2004 Recodification Citation: 33-2.1-6-1.]
As added by P.L.98-2004, SEC.17.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 14. The Commission on Judicial Qualifications and the Discipline of Judges of Superior, Probate, Juvenile, and Criminal Courts › 33-38-14-2. "Commission" Defined

Sec. 2. As used in this chapter, "commission" means the commission on judicial qualifications described in Article 7, Section 9 of the Constitution of the State of Indiana.
[Pre-2004 Recodification Citation: 33-2.1-1-3.]
As added by P.L.98-2004, SEC.17.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 14. The Commission on Judicial Qualifications and the Discipline of Judges of Superior, Probate, Juvenile, and Criminal Courts › 33-38-14-3. "Counsel" Defined

Sec. 3. As used in this chapter, "counsel" means the lawyer designated by the commission to:
(1) gather and present evidence before the masters or the commission with respect to the charges against a judge; and
(2) represent the commission before the supreme court in connection with any proceedings before the court.
[Pre-2004 Recodification Citation: 33-2.1-1-3.]
As added by P.L.98-2004, SEC.17.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 14. The Commission on Judicial Qualifications and the Discipline of Judges of Superior, Probate, Juvenile, and Criminal Courts › 33-38-14-4. "Judge" Defined

Sec. 4. As used in this chapter, "judge" means a judge of a superior or probate court.
[Pre-2004 Recodification Citation: 33-2.1-6-2.]
As added by P.L.98-2004, SEC.17.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 14. The Commission on Judicial Qualifications and the Discipline of Judges of Superior, Probate, Juvenile, and Criminal Courts › 33-38-14-5. "Mail" Defined

Sec. 5. As used in this chapter, "mail" includes ordinary mail or personal delivery.
[Pre-2004 Recodification Citation: 33-2.1-1-3.]
As added by P.L.98-2004, SEC.17.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 14. The Commission on Judicial Qualifications and the Discipline of Judges of Superior, Probate, Juvenile, and Criminal Courts › 33-38-14-6. "Masters" Defined

Sec. 6. As used in this chapter, "masters" means the special masters appointed by the chief justice upon request of the commission.
[Pre-2004 Recodification Citation: 33-2.1-1-3.]
As added by P.L.98-2004, SEC.17.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 14. The Commission on Judicial Qualifications and the Discipline of Judges of Superior, Probate, Juvenile, and Criminal Courts › 33-38-14-7. "Presiding Master" Defined

Sec. 7. As used in this chapter, "presiding master" means the master so designated by the chief justice or, in the absence of a designation, the justice or judge named in the order appointing masters.
[Pre-2004 Recodification Citation: 33-2.1-1-3.]
As added by P.L.98-2004, SEC.17.