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

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

Sec. 35. (a) When an accusation in writing, verified by the oath of any person or in resolutions adopted by a county executive and county fiscal body in accordance with IC 36-2-8.7 or IC 36-6-4.5, is presented to a circuit court, superior court, or probate court, alleging that any officer within the jurisdiction of the court has been guilty of:

(1) charging and collecting illegal fees for services rendered or to be rendered in the officer's office;

(2) refusing, neglecting, or being unable to perform the official duties pertaining to the officer's office;

(3) in the case of a county officer (as defined in IC 36-2-8.7-1), failing to be physically present in the county officer's office in violation of IC 36-2-8.7-7;

(4) violating IC 36-6-4-17(b) if the officer is the executive of a township; or

(5) failing, refusing, or being unable to participate in four (4) consecutive regular meetings of the county executive, if the officer is a member of a county executive;

the court must cite the party charged to appear before the court at any time not more than ten (10) nor less than five (5) days from the time the accusation was presented, and on that day or some other subsequent day not more than twenty (20) days from the time the accusation was presented must proceed to hear, in a summary manner, the accusation and evidence offered in support of the same, and, if the accused party appears before the court, the answer and evidence offered by the party accused. If the accused party does not appear before the court, the court may proceed to hear and determine the accusation in the accused party's absence.

(b) If after the hearing under subsection (a) it appears that the charge is sustained, the court must do the following:

(1) Enter a decree that the party accused be deprived of the party's office.

(2) Enter a judgment as follows:

(A) For five hundred dollars ($500) in favor of the prosecuting officer.

(B) For costs as are allowed in civil cases.

(C) For the amount of money that was paid to the officer in compensation from the day when the accusation was filed under this section to the day when judgment is entered in favor of the public entity paying the compensation to the officer.

(c) In an action under this section, a court may award reasonable attorney's fees, court costs, and other reasonable expenses of litigation to the accused officer if:

(1) the officer prevails; and

(2) the court finds that the accusation is frivolous or vexatious.

Formerly: Acts 1897, c.182, s.35. As amended by P.L.34-1992, SEC.1; P.L.84-2016, SEC.25; P.L.169-2021, SEC.1; P.L.9-2022, SEC.5; P.L.24-2022, SEC.1; P.L.159-2025, SEC.2.