reglab/statecodes huggingface dataset:
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 › 33-38-14-8. Commission on Judicial Qualifications

Sec. 8. Subject to section 9 of this chapter, the commission is the commission on judicial qualifications for judges of trial courts. The members of the commission on judicial qualifications for the court of appeals and the supreme court are the members of the commission on judicial qualifications for judges of the trial courts.
[Pre-2004 Recodification Citation: 33-2.1-6-2.]
As added by P.L.98-2004, SEC.17. Amended by P.L.65-2004, 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 › 33-38-14-9. Disciplinary Jurisdiction Over Judges

Sec. 9. (a) The commission shall exercise disciplinary jurisdiction over judges of trial courts.
(b) In a county in which a commission on judicial qualifications operated by virtue of law before July 26, 1973, the county commission on judicial qualifications ceases to exercise disciplinary jurisdiction over the county courts and the commission shall exercise disciplinary jurisdiction. However, if the law creating a county commission on judicial qualifications in a county before July 26, 1973, precluded judges subject to its disciplinary jurisdiction from participating in political activities because the judges are selected by a merit system, the judges are precluded from participating in political activities.
(c) The operation and function of a judicial nominating commission operating in a county by virtue of law before July 26, 1973, is not affected by this chapter.
[Pre-2004 Recodification Citation: 33-2.1-6-3.]
As added by P.L.98-2004, SEC.17. Amended by P.L.65-2004, SEC.18.
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 › 33-38-14-10. Disqualification; Suspension; Retirement; Censure; Removal

Sec. 10. (a) A judge is disqualified from acting as a judicial officer, without loss of salary, while there is pending:
(1) an indictment or information charging the judge in a United States court with a crime punishable as a felony under Indiana or federal law; or
(2) a recommendation to the supreme court by the commission for the judge's removal or retirement.
(b) On recommendation of the commission or on its own motion, the supreme court may suspend a judge from office without salary if in a United States court the judge pleads guilty or no contest or is found guilty of a crime that:
(1) is punishable as a felony under Indiana or federal law; or
(2) involves moral turpitude under the law.
If the judge's conviction is reversed, the suspension terminates and the judge shall be paid the judge's salary for the period of suspension. If the judge's conviction becomes final, the supreme court shall remove the judge from office.
(c) On recommendation of the commission, the supreme court may:
(1) retire a judge for a disability that:
(A) seriously interferes with the performance of the judge's duties; and
(B) is or is likely to become permanent; and
(2) censure or remove a judge for an action that:
(A) occurs not more than six (6) years before the beginning of the judge's current term; and
(B) constitutes at least one (1) of the following:
(i) Willful misconduct in office.
(ii) Willful or persistent failure to perform the judge's duties.
(iii) Habitual intemperance.
(iv) Conduct prejudicial to the administration of justice that brings the judicial office into disrepute.
A judge retired under this subsection is considered to have retired voluntarily. A judge removed under this subsection is ineligible for judicial office and, pending further order of the supreme court, is suspended from the practice of law in Indiana.
[Pre-2004 Recodification Citation: 33-2.1-6-4.]
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 › 33-38-14-11. Meetings of Commissioners

Sec. 11. (a) The commission shall meet as necessary to discharge its statutory 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.
(b) Commission meetings are to be held in Indiana on the call of the chairman.
(c) The commission may act only at a meeting. The commission may adopt rules and regulations to conduct its meetings and discharge its duties.
[Pre-2004 Recodification Citation: 33-2.1-6-5.]
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 › 33-38-14-12. Confidentiality of Proceedings; Public Inspection

Sec. 12. (a) Papers filed with and proceedings before the commission before the institution of formal proceedings are confidential unless:
(1) the judge against whom a recommendation is filed elects to have the information divulged; or
(2) the commission elects to answer public statements by a complainant.
(b) Papers filed with the commission during or 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. All hearings and proceedings before the commission, after the institution of formal proceedings, are open to the public.
[Pre-2004 Recodification Citation: 33-2.1-6-6.]
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 › 33-38-14-13. Privilege

Sec. 13. Filing papers with or giving testimony before the commission or the masters under this chapter is privileged.
[Pre-2004 Recodification Citation: 33-2.1-6-7.]
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 › 33-38-14-14. Commission; Complaint

Sec. 14. (a) Any citizen of Indiana may file with the commission a written and verified complaint on the judicial fitness of a judge of a superior, criminal, juvenile, or probate court of Indiana.
(b) A specified form of complaint may not be required.
[Pre-2004 Recodification Citation: 33-2.1-6-8.]
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 › 33-38-14-15. Request of Justice or Judge to Retire; Complaint by Citizen or on Commission's Own Motion; Investigation

Sec. 15. (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.]
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 › 33-38-14-16. Notice of Formal Proceedings

Sec. 16. (a) If the commission decides to institute formal proceedings, the commission shall give written notice to the judge advising the judge of the institution of formal proceedings to inquire into the charges against judge. The proceedings must be entitled:
"BEFORE THE INDIANA JUDICIAL QUALIFICATIONS COMMISSION
Inquiry Concerning a Judge, No. _______".
(b) The notice must:
(1) specify in ordinary and concise language the charges against the judge and the alleged facts upon which the charges are based; and
(2) advise the judge of the judge's right to file a written answer not more then twenty (20) days after service of notice.
A charge is not sufficient if it recites the general language of the original complaint.
(c) The notice shall be made upon the judge by registered or certified mail addressed to the judge at the judge's chambers and last known residence.
[Pre-2004 Recodification Citation: 33-2.1-6-10.]
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 › 33-38-14-17. Answer

Sec. 17. Not more than twenty (20) days after service of the notice of formal proceedings, the judge:
(1) may file with the commission a signed original and one (1) copy of an answer; and
(2) shall serve by mail a copy of the answer on the counsel.
[Pre-2004 Recodification Citation: 33-2.1-6-11.]
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 › 33-38-14-18. Setting for Hearing Before Commission or Masters

Sec. 18. (a) Upon the filing of or the expiration of the time for filing an answer, the commission shall:
(1) order a hearing before the commission on the discipline, retirement, or removal of the judge; or
(2) request the supreme court to appoint three (3) active or retired judges of courts of record as special masters to hear and take evidence on the matter and to report to the commission.
(b) The commission shall:
(1) set a time and place in the state in which the judge involved resides for a hearing; and
(2) mail notice of the hearing to the judge, the masters, and the counsel at least twenty (20) days before the hearing date.
[Pre-2004 Recodification Citation: 33-2.1-6-12.]
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 › 33-38-14-19. Hearing

Sec. 19. (a) The commission, or the masters when the hearing is before the masters, may proceed with the hearing whether or not the judge files an answer or appears at the hearing.
(b) The failure of a judge to answer or to appear at the hearing by itself is not evidence of the facts alleged and does not constitute grounds for censure, retirement, or removal. In a proceeding for involuntary retirement for disability, the failure of a judge to testify in the judge's own 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 judge's control.
(c) The hearing shall be reported verbatim.
(d) At a hearing before the commission, not less than four (4) members must be present when the evidence is produced.
[Pre-2004 Recodification Citation: 33-2.1-6-13.]
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 › 33-38-14-20. Evidence

Sec. 20. The Indiana Rules of Evidence apply at a hearing before the commission or the masters.
[Pre-2004 Recodification Citation: 33-2.1-6-14.]
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 › 33-38-14-21. Rights of a Judge; Notice; Incapacitation

Sec. 21. (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.]
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 › 33-38-14-22. Amendments to Notice or Answer

Sec. 22. The masters, before the conclusion of the hearing, or the commission, before its determination, may allow or require amendments to the notice of formal proceedings and may allow amendments to the answer. The notice may be amended to conform to proof or to set forth additional facts. If an amendment is made, the judge shall be given reasonable time to answer the amendment and to prepare and present a defense.
[Pre-2004 Recodification Citation: 33-2.1-6-16.]
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 › 33-38-14-23. Report of Masters

Sec. 23. (a) After a hearing before the masters, the masters shall promptly transmit to the commission an original and four (4) copies of:
(1) a transcript of the hearing; and
(2) a report that contains a brief statement of the proceedings and recommended findings of fact.
The recommended findings of facts are not binding on the commission.
(b) Upon receiving the report of the masters, the commission shall promptly mail a copy of the report and transcript to the judge and the judge's counsel.
[Pre-2004 Recodification Citation: 33-2.1-6-17.]
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 › 33-38-14-24. Objections to Report of Masters

Sec. 24. Not more than fifteen (15) days after a copy of the report of the masters is mailed to the judge, the counsel or the judge may file with the commission an original and one (1) copy of objections to the report of the masters. If the counsel files objections, the counsel shall mail a copy of the objections to the judge. If the judge files objections, the judge shall mail a copy of the objections to the counsel.
[Pre-2004 Recodification Citation: 33-2.1-6-18.]
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 › 33-38-14-25. Appearance Before Commission

Sec. 25. If objections to the report of the masters 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 judge and the counsel an opportunity to be heard in the county where the judge resides. The commission shall mail to the judge and the counsel written notice of the time and place of the hearing not less than ten (10) days before the hearing.
[Pre-2004 Recodification Citation: 33-2.1-6-19.]
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 › 33-38-14-26. Extension of Time

Sec. 26. (a) The chairman of the commission may extend the time for:
(1) filing an answer;
(2) commencing a hearing before the commission; or
(3) filing objections to the report of the masters.
(b) The presiding master, with the approval of the chairman of the commission, may extend the time for commencing a hearing before the masters.
[Pre-2004 Recodification Citation: 33-2.1-6-20.]
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 › 33-38-14-27. Hearing Additional Evidence

Sec. 27. (a) The commission may order a hearing to take additional evidence at any time while the matter is pending before the commission. The order must set the time and place of the hearing in the county in which the judge resides and must indicate the matters on which evidence will be taken. A copy of the order shall be mailed to the judge and the counsel at least ten (10) days before the hearing.
(b) If masters have been appointed, the hearing of additional evidence is before the masters in accordance with this chapter.
[Pre-2004 Recodification Citation: 33-2.1-6-21.]
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 › 33-38-14-28. Vote or Recommendation for Discipline, Retirement, or Removal

Sec. 28. If the commission finds good cause, it shall recommend to the supreme court the discipline, retirement, or removal of a judge. If a hearing is before the masters, the affirmative vote of four (4) commission members is required to recommend the discipline, retirement, or removal of a judge. If a hearing is before the commission, the affirmative vote of four (4) commission members, including a majority of the members present at the hearing, is required to recommend the discipline, retirement, or removal of a judge.
[Pre-2004 Recodification Citation: 33-2.1-6-22.]
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 › 33-38-14-29. Record of Commission Proceedings

Sec. 29. The commission shall keep a record of all formal proceedings concerning a judge. The commission shall enter its determination in the record and mail notice to the judge and the counsel. If the commission recommends the discipline, retirement, or removal of a judge to the supreme court, 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: 33-2.1-6-23.]
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 › 33-38-14-30. Certification of Commission Recommendation to Supreme Court

Sec. 30. Upon recommending the discipline, retirement, or removal of a judge, the commission shall file a copy of each of the following with the clerk of the supreme court:
(1) The recommendation certified by the chairman or secretary of the commission.
(2) The transcript.
(3) The findings of fact and conclusions of law.
The commission shall mail to the judge and the counsel notice of the filing and copies of the filed documents.
[Pre-2004 Recodification Citation: 33-2.1-6-24.]
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 › 33-38-14-31. Petition for Modification or Rejection of Commission's Recommendation

Sec. 31. (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.]
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 › 33-38-14-32. Jurisdiction and Powers

Sec. 32. The commission has jurisdiction and powers to dispose of any investigation or hearing, including the following:
(1) The power to compel the attendance of witnesses.
(2) The power to depose witnesses.
(3) The power to order the production of documentary evidence.
Any commission member or any master may administer oaths and affirmations to witnesses in a matter under the jurisdiction of the commission.
[Pre-2004 Recodification Citation: 33-2.1-6-26.]
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 › 33-38-14-33. Subpoenas

Sec. 33. (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 or in which masters have not been appointed. The chairman shall serve the subpoena in the manner provided by law.
[Pre-2004 Recodification Citation: 33-2.1-6-27.]
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 › 33-38-14-34. Enforcement of Subpoena

Sec. 34. 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: 33-2.1-6-28.]
As added by P.L.98-2004, SEC.17. Amended by P.L.84-2016, SEC.150.
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 › 33-38-14-35. Filing

Sec. 35. All papers and pleadings filed with the office of the chairman of the commission are considered filed with the commission.
[Pre-2004 Recodification Citation: 33-2.1-6-29.]
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 › 33-38-14-36. Discovery; Admissibility of Evidence; Demand for Formal Proceeding or Finding

Sec. 36. (a) In all formal proceedings, discovery is available to the commission and the judge under the Indiana Rules of Civil Procedure. A motion requesting a discovery order must be made to the circuit court, superior court, or probate court in the county in which the commission hearing is held.
(b) In all formal proceedings, the counsel shall provide the following to the judge at least twenty (20) days before a hearing:
(1) The names and addresses of all witnesses whose testimony the counsel expects to offer at the hearing.
(2) Copies of all written statements and transcripts of testimony of witnesses described in subdivision (1) that:
(A) are in the possession of the counsel or the commission;
(B) are relevant to the hearing; and
(C) have not been provided to the judge.
(3) Copies of all documentary evidence that the counsel expects to introduce at the hearing.
(c) On objection by a judge, the testimony of a witness whose name and address have not been furnished to the judge and documentary evidence that has not been furnished to the judge, are not admissible at a hearing.
(d) After formal proceedings have been instituted, a judge may request in writing that the counsel provide the judge the names and addresses of all witnesses known at any time to the counsel who have information that may be relevant to any charge against or any defense of the judge. The counsel shall provide copies of written statements, transcripts of testimony, and documentary evidence that:
(1) are in the commission counsel's possession at any time;
(2) are relevant to a charge against or defense of the judge; and
(3) have not been furnished to the judge.
The counsel shall comply with the request not more than ten (10) days after receiving the request or not more than ten (10) days after any information or evidence becomes known to the counsel.
(e) During an investigation by the commission, a judge whose conduct is being investigated may demand in writing that the commission institute formal proceedings against the judge or enter a formal finding that there is not probable cause to believe the judge is guilty of misconduct. Not more than sixty (60) days after receiving a written demand, the commission shall comply with the demand. A copy of the demand shall be filed in the supreme court and is a matter of public record. If the commission finds there is not probable cause, the finding shall be filed in the supreme court and is a matter of public record.
[Pre-2004 Recodification Citation: 33-2.1-6-30.]
As added by P.L.98-2004, SEC.17. Amended by P.L.84-2016, SEC.151.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 15.2. Judges Pro Tempore › 33-38-15.2-1. Judges Pro Tempore; Circuit Courts, Superior Courts, Probate Court

Sec. 1. A judge pro tempore serving in a county that has:
(1) a probate court;
(2) a circuit court; or
(3) a superior court judge;
may, with the consent of the probate court judge, the circuit court judge, or any judge of a superior court in the county, sit as the judge of the consenting judge's court in any matter as if the judge pro tempore were the elected judge or appointed judge of the court.
As added by P.L.22-2016, SEC.2.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 15.2. Judges Pro Tempore › 33-38-15.2-2. Presence of Elected or Appointed Judge

Sec. 2. A judge pro tempore may serve as a judge of a court regardless of whether the appointed or elected judge of the court is present and available in the building that contains the court.
As added by P.L.22-2016, SEC.2.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 39. Prosecuting Attorneys › Chapter 1. Bond; Eligibility Requirements for Prosecuting Attorneys; Duty to Prosecute; Special Prosecutors; Pretrial Diversion › 33-39-1-1. Repealed

[Pre-2004 Recodification Citation: 33-14-1-1.1.]
As added by P.L.98-2004, SEC.18. Amended by P.L.119-2007, SEC.2. Repealed by P.L.57-2014, SEC.3.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 39. Prosecuting Attorneys › Chapter 1. Bond; Eligibility Requirements for Prosecuting Attorneys; Duty to Prosecute; Special Prosecutors; Pretrial Diversion › 33-39-1-2. Prosecuting Attorney; Eligibility

Sec. 2. (a) This section does not apply to a deputy prosecuting attorney appointed by a prosecuting attorney or to a special prosecutor.
(b) To be eligible to hold office as a prosecuting attorney, a person must be a resident of the judicial circuit that the person serves.
[Pre-2004 Recodification Citation: 33-14-1-1.5.]
As added by P.L.98-2004, SEC.18. Amended by P.L.222-2005, SEC.37.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 39. Prosecuting Attorneys › Chapter 1. Bond; Eligibility Requirements for Prosecuting Attorneys; Duty to Prosecute; Special Prosecutors; Pretrial Diversion › 33-39-1-3. Bond or Crime Insurance Policy of Prosecuting Attorney

Sec. 3. A person elected to the office of prosecuting attorney, before entering upon the duties of the office, shall execute a bond or crime insurance policy in the manner prescribed by IC 5-4-1.
[Pre-2004 Recodification Citation: 33-14-1-2.]
As added by P.L.98-2004, SEC.18. Amended by P.L.55-2022, SEC.5.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 39. Prosecuting Attorneys › Chapter 1. Bond; Eligibility Requirements for Prosecuting Attorneys; Duty to Prosecute; Special Prosecutors; Pretrial Diversion › 33-39-1-4. Duties on Receiving Information of Felony or Misdemeanor

Sec. 4. (a) When a prosecuting attorney receives information of the commission of a felony or misdemeanor, the prosecuting attorney shall cause process to issue from a court having jurisdiction to issue the process to the proper officer, directing the officer to subpoena the persons named in the process who are likely to have information concerning the commission of the felony or misdemeanor. The prosecuting attorney shall examine a person subpoenaed before the court that issued the process concerning the offense.
(b) If the facts elicited under subsection (a) are sufficient to establish a reasonable presumption of guilt against the party charged, the court shall:
(1) cause the testimony that amounts to a charge of a felony or misdemeanor to be reduced to writing and subscribed and sworn to by the witness; and
(2) issue process for the apprehension of the accused, as in other cases.
[Pre-2004 Recodification Citation: 33-14-1-3.]
As added by P.L.98-2004, SEC.18. Amended by P.L.84-2016, SEC.152.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 39. Prosecuting Attorneys › Chapter 1. Bond; Eligibility Requirements for Prosecuting Attorneys; Duty to Prosecute; Special Prosecutors; Pretrial Diversion › 33-39-1-5. Felony, Misdemeanor, or Infraction Prosecutions; Other Duties Required by Law

Sec. 5. Except as provided in IC 12-15-23-6(d), the prosecuting attorneys, within their respective jurisdictions, shall:
(1) conduct all prosecutions for felonies, misdemeanors, or infractions and all suits on forfeited recognizances;
(2) superintend, on behalf of counties or any of the trust funds, all suits in which the counties or trust funds may be interested or involved; and
(3) perform all other duties required by law.
[Pre-2004 Recodification Citation: 33-14-1-4.]
As added by P.L.98-2004, SEC.18. Amended by P.L.9-2022, SEC.74.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 39. Prosecuting Attorneys › Chapter 1. Bond; Eligibility Requirements for Prosecuting Attorneys; Duty to Prosecute; Special Prosecutors; Pretrial Diversion › 33-39-1-6. Repealed

[Pre-2004 Recodification Citation: 33-14-1-6.]
As added by P.L.98-2004, SEC.18. Amended by P.L.222-2005, SEC.38; P.L.119-2007, SEC.3; P.L.114-2012, SEC.58. Repealed by P.L.57-2014, SEC.4.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 39. Prosecuting Attorneys › Chapter 1. Bond; Eligibility Requirements for Prosecuting Attorneys; Duty to Prosecute; Special Prosecutors; Pretrial Diversion › 33-39-1-7. Repealed

[Pre-2004 Recodification Citation: 33-14-1-6.5.]
As added by P.L.98-2004, SEC.18. Repealed by P.L.57-2014, SEC.5.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 39. Prosecuting Attorneys › Chapter 1. Bond; Eligibility Requirements for Prosecuting Attorneys; Duty to Prosecute; Special Prosecutors; Pretrial Diversion › 33-39-1-9. Criminal Charges Against Persons Working With Children; Notification of Employers

Sec. 9. A prosecuting attorney who charges a person with committing any of the following shall inform the person's employer of the charge, unless the prosecuting attorney determines that the person charged does not work with children:
(1) Rape (IC 35-42-4-1), if the victim is less than eighteen (18) years of age.
(2) Criminal deviate conduct (IC 35-42-4-2) (repealed), if the victim is less than eighteen (18) years of age.
(3) Child molesting (IC 35-42-4-3).
(4) Child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c)).
(5) Vicarious sexual gratification (IC 35-42-4-5).
(6) Child solicitation (IC 35-42-4-6).
(7) Child seduction (IC 35-42-4-7).
(8) Incest (IC 35-46-1-3), if the victim is less than eighteen (18) years of age.
[Pre-2004 Recodification Citation: 33-14-1-8.]
As added by P.L.98-2004, SEC.18. Amended by P.L.158-2013, SEC.343; P.L.214-2013, SEC.31; P.L.13-2016, SEC.10.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 39. Prosecuting Attorneys › Chapter 2. Powers and Duties › 33-39-2-1. Powers and Duties

Sec. 1. A prosecuting attorney or deputy prosecuting attorney may:
(1) take acknowledgments of deeds or other instruments in writing;
(2) administer oaths;
(3) protest notes and checks;
(4) take the deposition of a witness;
(5) take and certify affidavits and depositions; and
(6) perform any duty now conferred upon a notary public by a statute.
An acknowledgment of a deed or another instrument taken by a prosecuting attorney or deputy prosecuting attorney may be recorded in the same manner as though a deed or another instrument were acknowledged before a notary public.
[Pre-2004 Recodification Citation: 33-14-5-1.]
As added by P.L.98-2004, SEC.18.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 39. Prosecuting Attorneys › Chapter 2. Powers and Duties › 33-39-2-2. Repealed

[Pre-2004 Recodification Citation: 33-14-5-2.]
As added by P.L.98-2004, SEC.18. Repealed by P.L.185-2023, SEC.1.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 39. Prosecuting Attorneys › Chapter 2. Powers and Duties › 33-39-2-3. Statement of Date of Expiration of Commission; Appending to Certificates

Sec. 3. A prosecuting attorney or deputy prosecuting attorney who performs any of the acts set forth in section 1 of this chapter shall, at the time of signing a certificate of acknowledgment of a deed, mortgage, other instrument, jurat, or other official document, append to the certificate a true statement of the date of the expiration of the commission of the prosecuting attorney or deputy prosecuting attorney. A prosecuting attorney or deputy prosecuting attorney has jurisdiction to perform the duties set forth in this chapter anywhere in Indiana.
[Pre-2004 Recodification Citation: 33-14-5-3.]
As added by P.L.98-2004, SEC.18.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 39. Prosecuting Attorneys › Chapter 2. Powers and Duties › 33-39-2-4. Fees; Violations of Law

Sec. 4. A prosecuting attorney or deputy prosecuting attorney who performs an act under this chapter is entitled to the same fees as those charged by notaries public. If an act committed by a notary public would be a violation of the law, the act is a violation of the law if committed by a prosecuting attorney or deputy prosecuting attorney in the performance of an act authorized under this chapter.
[Pre-2004 Recodification Citation: 33-14-5-4.]
As added by P.L.98-2004, SEC.18.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 39. Prosecuting Attorneys › Chapter 2. Powers and Duties › 33-39-2-5. Discharge of Official Duties

Sec. 5. A prosecuting attorney or a deputy prosecuting attorney may administer all oaths that are convenient and necessary to be administered in the discharge of their official duties. An oath under this section shall be administered without any charge or expense.
[Pre-2004 Recodification Citation: 33-14-2-1.]
As added by P.L.98-2004, SEC.18.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 39. Prosecuting Attorneys › Chapter 2. Powers and Duties › 33-39-2-7. Youth Mentoring Program

Sec. 7. (a) A prosecuting attorney may establish and administer a youth mentoring program.
(b) To establish or administer a youth mentoring program described in subsection (a), a prosecuting attorney may:
(1) establish and administer an organization that is exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code;
(2) provide staff and material support to the organization; and
(3) receive and expend charitable contributions, appropriations, and federal, state, local, or private grants.
(c) The prosecuting attorney shall provide an annual report to the county fiscal body concerning the youth mentoring program established under subsection (a). The youth mentoring program is subject to audit by the state board of accounts.
As added by P.L.119-2007, SEC.4.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 39. Prosecuting Attorneys › Chapter 3. Travel Expenses Reimbursed for Taking Depositions in Criminal Actions › 33-39-3-1. Depositions

Sec. 1. Except as provided in section 2 of this chapter and upon the order of a judge trying a criminal case, the county auditor shall pay to a prosecuting attorney, from funds in the county treasury not otherwise appropriated and as a part of the costs of the trial, an amount equal to the expenses necessarily incurred by a prosecuting attorney in connection with the criminal action.
[Pre-2004 Recodification Citation: 33-14-4-1.]
As added by P.L.98-2004, SEC.18. Amended by P.L.55-2022, SEC.6.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 39. Prosecuting Attorneys › Chapter 3. Travel Expenses Reimbursed for Taking Depositions in Criminal Actions › 33-39-3-2. Depositions; Change of Venue

Sec. 2. If a prosecuting attorney incurred expenses described in section 1 of this chapter for a criminal case from another county being heard on a change of venue, the expenses shall be collected from the other county as other costs are collected in the case.
[Pre-2004 Recodification Citation: 33-14-4-1.]
As added by P.L.98-2004, SEC.18.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 39. Prosecuting Attorneys › Chapter 3. Travel Expenses Reimbursed for Taking Depositions in Criminal Actions › 33-39-3-3. Filing of Statement

Sec. 3. The court shall provide a prosecuting attorney an allowance for reasonable expenses after the prosecuting attorney files with the clerk of the court an itemized and verified statement of expenses.
[Pre-2004 Recodification Citation: 33-14-4-1.]
As added by P.L.98-2004, SEC.18.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 39. Prosecuting Attorneys › Chapter 4. Appointment of Investigators and Jurisdiction to Investigate › 33-39-4-1. Duties; Bond; Salary

Sec. 1. (a) The prosecuting attorney of any judicial circuit of Indiana may appoint an employee, including an investigator, with the approval of the county council or councils. An employee appointed under this section works under the direction of the prosecuting attorney.
(b) An investigator appointed under this section who is not covered by a crime insurance policy described in IC 5-4-1-20 shall give bond in the sum of five thousand dollars ($5,000).
(c) An investigator appointed under this section has the same police powers within the county authorized by law to all police officers.
(d) In each judicial circuit the salary or other compensation to be paid an investigator appointed under this section shall be set by the county council or councils. A county council or councils may not reduce the number of investigators or compensation of any investigator without approval of the prosecuting attorney.
[Pre-2004 Recodification Citation: 33-14-6-1.]
As added by P.L.98-2004, SEC.18. Amended by P.L.55-2022, SEC.7.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 39. Prosecuting Attorneys › Chapter 4. Appointment of Investigators and Jurisdiction to Investigate › 33-39-4-2. Jurisdiction to Investigate; County Where Offense Discovered; Modified by Agreement

Sec. 2. (a) If the place of trial for commission of an offense, as determined under IC 35-32-2-1, would potentially require a choice between or among counties, the coroner and law enforcement officers of the county where the offense is discovered have jurisdiction to investigate the offense.
(b) This section may be modified by agreement between or among the prosecuting attorneys of the counties involved.
[Pre-2004 Recodification Citation: 33-14-6-2.]
As added by P.L.98-2004, SEC.18.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 39. Prosecuting Attorneys › Chapter 5. Assistance Procuring a Liquor License Prohibited › 33-39-5-1. Violations

Sec. 1. A:
(1) prosecuting attorney;
(2) deputy prosecuting attorney; or
(3) judge of a city court;
who recklessly acts as attorney, agent, or counsel for an applicant in a proceeding to procure a license to retail or wholesale intoxicating liquors under IC 7.1, or aids or assists in any manner in the procuring of a license commits a Class B misdemeanor.
[Pre-2004 Recodification Citation: 33-14-3-1.]
As added by P.L.98-2004, SEC.18.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 39. Prosecuting Attorneys › Chapter 6. Compensation of Prosecuting Attorneys, Deputies, and Investigators › 33-39-6-1. Payment of Compensation; Conferences for Coordinated Law Enforcement Plans

Sec. 1. (a) Prosecuting attorneys and deputy prosecuting attorneys are entitled to receive the compensation provided in this chapter. The minimum compensation of the prosecuting attorneys shall be paid in the manner prescribed in section 5 of this chapter. The compensation of the deputy prosecuting attorneys shall be paid in the manner prescribed in section 2 of this chapter.
(b) Upon the allowance of an itemized and verified claim by the board of county commissioners, the auditor of the county shall issue a warrant to a prosecuting attorney or deputy prosecuting attorney who filed the claim to pay any part of the compensation of a prosecuting attorney or a deputy prosecuting attorney that exceeds the amount that the state is to pay.
(c) A deputy prosecuting attorney who knowingly divides compensation with the prosecuting attorney or any other officer or person in connection with employment commits a Class B misdemeanor.
(d) A prosecuting attorney or any other officer or person who knowingly accepts any division of compensation described in subsection (c) commits a Class B misdemeanor.
(e) The prosecuting attorneys council of Indiana shall call at least one (1) and not more than two (2) conferences of the prosecuting attorneys, each year, to consider, discuss, and develop coordinated plans for the enforcement of the laws of Indiana. The conferences of the prosecuting attorneys are subject to the following:
(1) The date or dates upon which the conferences are held shall be fixed by the prosecuting attorneys council of Indiana.
(2) The expenses necessarily incurred by a prosecuting attorney in attending a conference, including the actual expense of transportation to and from the place where the conference is held, together with meals and lodging, shall be paid from the general fund of the county upon the presentation of an itemized and verified claim, filed as required by law, and by warrant issued by the county auditor.
(3) If there is more than one (1) county in any judicial circuit, the expenses of the prosecuting attorneys incurred by virtue of this subsection shall be paid from the general fund of the respective counties constituting the circuit in the same proportion as the populations of the counties.
[Pre-2004 Recodification Citation: 33-14-7-1.]
As added by P.L.98-2004, SEC.18. Amended by P.L.65-2004, SEC.19; P.L.55-2022, SEC.8.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 39. Prosecuting Attorneys › Chapter 6. Compensation of Prosecuting Attorneys, Deputies, and Investigators › 33-39-6-3. Repealed

[Pre-2004 Recodification Citation: 33-14-7-3.]
As added by P.L.98-2004, SEC.18. Repealed by P.L.55-2022, SEC.9.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 39. Prosecuting Attorneys › Chapter 6. Compensation of Prosecuting Attorneys, Deputies, and Investigators › 33-39-6-4. Repealed

[Pre-2004 Recodification Citation: 33-14-7-4.]
As added by P.L.98-2004, SEC.18. Repealed by P.L.55-2022, SEC.10.