§ 33-38-13-17

(b) The failure of a justice or judge to answer or appear at the hearing may not be taken as evidence of the truth of the facts alleged to constitute grounds for censure, retirement, or removal. In a proceeding for involuntary retirement for disability, the failure of a justice or judge to testify in the justice's or judge's 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 justice's or judge's control.(c) The hearing shall be reported verbatim.(d) At least four (4) commission members must be present when evidence is produced at a hearing before the commission.[Pre-2004 Recodification Citation: 33-2.1-5-10.]As added by P.L.98-2004, SEC.17.