CHAPTER 11. ETHICS
IC 33-23-11
Chapter 11. Ethics
IC 33-23-11-1
"Cause" defined
Sec. 1. As used in this chapter, "cause" means a trial, a hearing,
an arraignment, a controversy, an appeal, a case, or any business
performed within the official duty of a justice, judge, or prosecuting
attorney.
As added by P.L.98-2004, SEC.2.
IC 33-23-11-2
"Close relative" defined
Sec. 2. As used in this chapter, "close relative" means a person
related to:
(1) another person filing a statement of economic interest; or
(2) the other person's spouse as a son, a daughter, a grandson,
a granddaughter, a great-grandson, a great-granddaughter, a
father, a mother, a grandfather, a grandmother, a
great-grandfather, a great-grandmother, a brother, a sister, a
nephew, a niece, an uncle, or an aunt.
For purposes of this section, relatives by adoption, half-blood,
marriage, or remarriage are treated as relatives of whole kinship.
As added by P.L.98-2004, SEC.2.
IC 33-23-11-3
"Compensation" defined
Sec. 3. As used in this chapter, "compensation" means any money,
thing of value, or economic benefit conferred on or received by any
person in return for services rendered or for services to be rendered,
whether by that person or another.
As added by P.L.98-2004, SEC.2.
IC 33-23-11-4
"Economic interest" defined
Sec. 4. As used in this chapter, "economic interest" means
substantial financial interest in investments, employment, awarding
of contracts, purchases, leases, sales, or similar matters.
As added by P.L.98-2004, SEC.2.
IC 33-23-11-5
"Employer" defined
Sec. 5. As used in this chapter, "employer" means any person
from whom the judge, justice, or prosecuting attorney or the spouse
of the judge, justice, or prosecuting attorney receives any nonstate
income.
As added by P.L.98-2004, SEC.2.
IC 33-23-11-6
"Information of a confidential nature" defined
Sec. 6. As used in this chapter, "information of a confidential
nature" means information that:
(1) is obtained by reason of the position or office held; and
(2) has not been or will not be communicated to the general
public.
As added by P.L.98-2004, SEC.2.
IC 33-23-11-7
"Judge" defined
Sec. 7. (a) As used in this chapter, "judge" means a judge of the
court of appeals, the tax court, or a circuit, superior, county, small
claims, or probate court.
(b) The term includes a judge pro tempore, commissioner, or
hearing officer if the judge pro tempore, commissioner, or hearing
officer sits more than twenty (20) days other than Saturdays,
Sundays, or holidays in one (1) calendar year as a judge,
commissioner, or hearing officer in any court.
As added by P.L.98-2004, SEC.2.
IC 33-23-11-8
"Person" defined
Sec. 8. As used in this chapter, "person" means any individual,
proprietorship, partnership, unincorporated association, trust,
business trust, group, limited liability company, or corporation,
whether or not operated for profit, or a governmental agency or
political subdivision.
As added by P.L.98-2004, SEC.2.
IC 33-23-11-9
Participation in cause; economic interest
Sec. 9. A justice, judge, or prosecuting attorney may not
participate in a cause that involves a matter in which the justice,
judge, or prosecuting attorney or a member of the family of the
justice, judge, or prosecuting attorney has an economic interest.
As added by P.L.98-2004, SEC.2.
IC 33-23-11-10
Influence upon actions involving legislator
Sec. 10. The actions of a justice, judge, or prosecuting attorney in
a cause that involves a legislator or a member of a legislator's family
may not be influenced by any matters previously considered or to be
considered by the legislator in the general assembly.
As added by P.L.98-2004, SEC.2.
IC 33-23-11-11
Disclosure of economic interest
Sec. 11. A justice, judge, or prosecuting attorney shall promptly
and fully disclose any economic interest or other personal stake the
justice, judge, or prosecuting attorney or a member of the family of
the justice, judge, or prosecuting attorney may have in a cause in
which the justice, judge, or prosecuting attorney is a participant.
As added by P.L.98-2004, SEC.2.
IC 33-23-11-12
Compensation resulting from material information
Sec. 12. A justice, judge, or prosecuting attorney may not accept
any compensation from any employment, transaction, or investment
that was entered into or made as a result of material information of
a confidential nature.
As added by P.L.98-2004, SEC.2.
IC 33-23-11-13
Excessive compensation for sale, lease, or service
Sec. 13. A justice, judge, or prosecuting attorney may not accept
compensation for the sale or lease of any property or service that
exceeds the amount that the justice, judge, or prosecuting attorney
would charge in the ordinary course of business from any person or
entity whom the justice, judge, or prosecuting attorney knows, or has
reason to know, has an economic interest in the outcome of a current
or future cause in which the justice, judge, or prosecuting attorney is
or may be a participant.
As added by P.L.98-2004, SEC.2.
IC 33-23-11-14
Annual statement of economic interests
Sec. 14. (a) The following shall file with the commission on
judicial qualifications an annual statement of economic interests:
(1) Justices, judges, and prosecuting attorneys.
(2) Except as provided in subsection (c), any candidate for one
(1) of the offices listed in subdivision (1) who is not the holder
of that office.
(b) Justices and judges who are candidates for retention in office
are subject to IC 3-9.
(c) This section does not apply to a candidate for an appointment
pro tempore to fill a vacancy in an office under IC 3-13.
As added by P.L.98-2004, SEC.2. Amended by P.L.127-2008, SEC.5.
IC 33-23-11-15
Filing of statement
Sec. 15. (a) The statement of economic interests must be filed
with the commission on judicial qualifications:
(1) not later than February 1 if the individual is required to file
the statement as an officeholder; or
(2) if a candidate for office, before the individual (or a political
party officer acting on behalf of the individual) files:
(A) a declaration of candidacy, if required under IC 3-8-2 or
IC 3-8-4-11;
(B) a certified petition of nomination with the Indiana
election division under IC 3-8-6;
(C) a certificate of nomination under IC 3-8-7-8;
(D) a certificate of candidate selection under IC 3-13-1 or
IC 3-13-2; or
(E) a declaration of intent to be a write-in candidate, if
required under IC 3-8-2.
(b) In a county where judges are selected by a county commission
on judicial qualifications, a candidate must file a statement with the
county commission on judicial qualifications and with the
commission on judicial qualifications.
As added by P.L.98-2004, SEC.2.
IC 33-23-11-16
Contents of statement of economic interests
Sec. 16. The statement of economic interests must set forth the
following information for the preceding calendar year:
(1) The name and address of any person other than a spouse or
close relative from whom the justice, judge, or prosecuting
attorney received a gift or gifts having a total fair market value
of more than one hundred dollars ($100).
(2) The name of the employer of the justice, judge, or
prosecuting attorney and the employer of the spouse of the
justice, judge, or prosecuting attorney.
(3) The nature of the employer's business.
(4) The name of any sole proprietorship owned or professional
practice operated by the justice, judge, or prosecuting attorney,
or the spouse of the justice, judge, or prosecuting attorney, and
the nature of the business.
(5) The name of any partnership of which the justice, judge, or
prosecuting attorney, or the spouse of the justice, judge, or
prosecuting attorney, is a member and the nature of the
partnership's business.
(6) The name of any corporation (except a church) of which the
justice, judge, or prosecuting attorney, or the spouse of the
justice, judge, or prosecuting attorney, is an officer or a director
and the nature of the corporation's business.
(7) The name of any corporation in which the justice, judge, or
prosecuting attorney, or the spouse or unemancipated children
less than eighteen (18) years of age of the justice, judge, or
prosecuting attorney, owns stock or stock options having a fair
market value of more than ten thousand dollars ($10,000).
As added by P.L.98-2004, SEC.2. Amended by P.L.127-2008, SEC.6.
IC 33-23-11-17
Supreme court or court of appeals; prohibited activities of judges
Sec. 17. A justice of the supreme court or judge of the court of
appeals may not:
(1) engage in the practice of law;
(2) run for elected office other than a judicial office;
(3) directly or indirectly make any contribution to, or hold any
office in, a political party or organization; or
(4) take part in any political campaign;
as provided in Article 7, Section 11 of the Constitution of the State
of Indiana.
As added by P.L.98-2004, SEC.2.