Indiana § 33-38-13-13 - Complaint; investigation

§ 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.