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Advisory opinion expresses concerns over certain judicial pay arrangements

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The Indiana Commission on Judicial Qualifications has released an advisory opinion addressing salary payments to judges and judicial officers that may be made contingent on the number of cases filed with the court. The opinion cautions against accepting compensation from sources that may lead to the appearance of influencing the court.

The two-page opinion posted online focuses on the judges who do not receive a fixed salary for their work – such as some small claims judges or city and town court judges. Their pay may vary depending on the number of cases filed or a token sum per traffic ticket filed with the court.

"Judges who are paid by some measure other than an annual fixed salary must carefully analyze both the source of the funding and the entity’s function within the court to avoid any appearance of conflict. Judges who are paid per case filed in their court, or who are paid by an organization that holds a frequent role in court proceedings (such as a police department or debt collection agency), are especially susceptible to allegations of conflict or bias. Such payments need not be based on the type or frequency of case dispositions in order to be problematic,” the opinion states.

The CJQ pointed to a 2011 policy paper from the Conference of State Court Administrators that asserted the proceeds from fees, costs and fines shouldn’t be earmarked for the direct benefit of a judge or court official who may have direct or indirect control over the cases filed or disposed. This could damage public perception regarding the impartiality of the court.

“The Commission echoes this concern and believes that these types of variable judicial pay arrangements are of particular concern in jurisdictions where litigants may choose which court they wish to file cases. The standard for appearance of impropriety is whether a reasonable person could perceive that the judge engaged in conduct reflecting adversely on the judge’s impartiality,” the commission writes. “One can make a reasonable inference that a judge is more likely to rule in favor of a litigant who brings extra ‘business’ to the court. Even if the judge’s rulings are entirely free from outside influence, the mere existence of such a system can cast a cloud upon the integrity of the judiciary.”

It urges judges and judicial officers to avoid compensation arrangements that are based on the number of cases filed or disposed of by the court.

 

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  1. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

  2. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

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  5. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

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