ILNews

SCOTUS recusal ruling cited in judicial-canon case

Back to TopCommentsE-mailPrintBookmark and Share

A federal judge in Fort Wayne is deciding whether the state's judicial conduct code should be able to restrict judicial candidates from answering surveys about views on issues they might someday hear in court.

Now, a recent ruling from the Supreme Court of the United States is being used in that federal case to delve further into what states should be allowed to do in order to balance free speech with possible perceptions of bias on the bench.

The judicial-speech case is Torrey Bauer, et al. v. Randall T. Shepard, et al., No. 3:08-CV-196, which stems from a survey the non-profit Indiana Right to Life Committee sent to judicial candidates asking them pre-election to state their views about policies and court decisions related to abortion, euthanasia, and other issues. Most declined to reply to the survey, citing an advisory opinion from the Indiana Judicial Qualifications Commission that warned judicial candidates against making "broad statements on disputed social and legal issues."

But deciding the rule goes too far and infringes on candidates' First and 14th amendments, the committee sued in April 2008 on behalf of Torrey Bauer, an attorney who was a candidate for Kosciusko Superior Court, and Marion Superior Judge David Certo, who at the time was a judicial candidate running for the first time after being appointed by the governor in 2007 to fill a vacancy.

Chief Justice Randall T. Shepard is named as the lead defendant because he chairs the Indiana Judicial Qualifications Commission.

Both sides filed newly amended complaints and responses earlier this year as a result of the state adopting a revised judicial code in January. Both sides have filed motions for summary judgment, and the case remains open pending a summary judgment decision from U.S. District Judge Theresa L Springmann in Fort Wayne.

But in the past week, attorneys have filed briefs citing the June 8 decision of Hugh M. Caperton, et al. v. A.T. Massey Coal Co., Inc., No. 08-22, pointing to it as possible authority for the court to consider in its ongoing case. In that landmark 5-4 ruling, the SCOTUS held that elected judges must recuse themselves in cases involving interested parties or litigants who've made large campaign contributions that might create an appearance of bias, because those donations could be perceived to deny litigants of their due process rights.

Counsel for the Indiana Judicial Nominating Commission filed a five-page notice of supplemental authority June 18, saying the Caperton decision supports its canons designed to ensure due process through judicial open-mindedness.

On Tuesday, Terre Haute attorney Jim Bopp filed a response on behalf of his clients, saying the case doesn't apply. That SCOTUS ruling applied only to "an exceptional case," and not others such as this case, Bopp wrote. He also noted that a state can adopt as rigorous a recusal standard as it likes, so as long as it doesn't run afoul of the U.S. Constitution.

"Thus, a State could not require judges to recuse themselves in all cases because they belong to a particular political party, nor can they require recusal simply because a judge has announced her views on a disputed legal or political issue," the plaintiffs' response says.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. All of these comments you see on the internet about Dr matamah are not just comments, they are truthful words of experience written by those who have been there and found help in reuniting with the ones they hold dear to their heart and other marital and financial problems just like i did. am Svein Erik Bjerke from Gardermoen, Norway I can tell you this because I also asked him for help to cast a spell to fix my relationship with the only woman I have ever loved after been married four time in the last four years cos i didn't believe in love but in the power of being rich. When it came to meet my wife it was a different case because I fell for her in every way. At the time i met her it was only a while before the relationship became serious cos I bet she love me also. We moved in together and our relationship blossomed. we got married but couldn't have a baby and then I discovered my wife was barren. I had to try some spell casters but to no avail until I contacted Dr matamah. HE restored my wife's womb and just like that she got pregnant, she has given birth now and our baby is growing very healthy. I later casted a money spell through him which he did and today we are rich and doing very fine. Thank God for our lives and also to Dr matamah who God has used to blessed us. I know that not everybody will believe this moreover its just something on the internet but my heart knows every of this word that formed this entire comment is true. Am Leaving Dr matamah's contact for those who believe this and need help as well. his contact is: guruvoodoospellcast@yahoo.com

  2. Or does the study merely wish they fade away? “It just hasn’t risen substantially in decades,” Joan Williams, director of the Center for WorkLife Law at the University of California Hastings College of the Law told Law360. “What we should be looking for is progress, and that’s not what we’re seeing.” PROGRESS = less white males in leadership. Thus the heading and honest questions here ....

  3. One need not wonder why we are importing sex slaves into North America. Perhaps these hapless victims of human trafficking were being imported for a book of play with the Royal Order of Jesters? https://medium.com/@HeapingHelping/who-are-the-royal-order-of-jesters-55ffe6f6acea Indianapolis hosts these major pervs in a big way .... https://www.facebook.com/pages/The-Royal-Order-of-Jesters-National-Office/163360597025389 I wonder what affect they exert on Hoosier politics? And its judiciary? A very interesting program on their history and preferences here: https://www.youtube.com/watch?v=VtgBdUtw26c

  4. Joseph Buser, Montgomery County Chief Prosecutor, has been involved in both representing the State of Indiana as Prosecutor while filing as Representing Attorney on behalf of himself and the State of Indiana in Civil Proceedings for seized cash and merchandise using a Verified Complaint For Forfeiture of Motor Vehicle, Us Currency And Reimbursement Of Costs, as is evident in Montgomery County Circuit Court Case Number 54C01-1401-MI-000018, CCS below, seen before Judge Harry Siamas, and filed on 01/13/2014. Sheriff Mark Castille is also named. All three defendants named by summons have prior convictions under Mr. Buser, which as the Indiana Supreme Court, in the opinion of The Matter of Mark R. McKinney, No. 18S00-0905-DI-220, stated that McKinney created a conflict of interest by simultaneously prosecuting drug offender cases while pocketing assets seized from defendants in those cases. All moneys that come from forfeitures MUST go to the COMMON SCHOOL FUND.

  5. I was incarcerated at that time for driving while suspended I have no felonies...i was placed on P block I remember several girls and myself asking about voting that day..and wasn't given a answer or means of voting..we were told after the election who won that was it.

ADVERTISEMENT