Rights of a Judge; Notice; Incapacitation

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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.


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