Judicial free speech before 7th Circuit

Michael W. Hoskins
January 1, 2007
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The 7th Circuit Court of Appeals will consider arguments Friday on whether sitting and prospective judges should be barred from responding to questionnaires or giving personal views about legal or political issues, and whether state judicial canons can be allowed to restrict that speech.

Circuit judges will hear arguments at 9:30 a.m. Central Time in Indiana Right to Life v. Shepard, et al., No. 4:04-CV-0071, which U.S. District Judge Allen Sharp in Hammond ruled on Nov. 14. Judge Sharp granted a permanent injunction against provisions of the state's Code of Judicial Conduct.

Specifically, the suit involves segments of Canon 3 and 5 that forbid judicial candidates from making "pledges or promises" of conduct in office or statements that "commit or appear to commit" candidates on issues likely to come before them.

Indiana Right to Life had sent a questionnaire to candidates for judicial office in the November 2004 election requesting that they state their views on policies and court decisions related to issues such as assisted suicide and abortion. Several candidates refused, citing advice from the Indiana Judicial Commission on Qualifications that judicial candidates could be disciplined for expressing their views in a response.

The organization later sued, naming Indiana Chief Justice Randall T. Shepard as one of 16 defendants in the case - all were members of the state's Commission on Judicial Qualifications and Disciplinary Commission.

The commissions want the 7th Circuit to reverse Judge Sharp's decision. A statement of issues from the appellant's briefs questions whether a political interest group or voter has the standing to challenge the state judicial canons, and whether under First Amendment standards a state can protect due process rights of litigants by prohibiting the judicial speech.

Arguments can viewed online here through the 7th Circuit's Web site, and appellate briefs can be accessed here.

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  1. Great observation Smith. By my lights, speaking personally, they already have. They counted my religious perspective in a pro-life context as a symptom of mental illness and then violated all semblance of due process to banish me for life from the Indiana bar. The headline reveals the truth of the Hoosier elite's animus. Details here: Denied 2016 petition for cert (this time around): (“2016Pet”) Amicus brief 2016: (“2016Amici”) As many may recall, I was banned for five years for failing to "repent" of my religious views on life and the law when a bar examiner demanded it of me, resulting in a time out to reconsider my "clinging." The time out did not work, so now I am banned for life. Here is the five year time out order: Denied 2010 petition for cert (from the 2009 denial and five year banishment): (“2010Pet”) Read this quickly if you are going to read it, the elites will likely demand it be pulled down or pile comments on to bury it. (As they have buried me.)

  2. if the proabortion zealots and intolerant secularist anti-religious bigots keep on shutting down every hint of religious observance in american society, or attacking every ounce of respect that the state may have left for it, they may just break off their teeth.

  3. "drug dealers and traffickers need to be locked up". "we cannot afford just to continue to build prisons". "drug abuse is strangling many families and communities". "establishing more treatment and prevention programs will also be priorities". Seems to be what politicians have been saying for at least three decades now. If these are the most original thoughts these two have on the issues of drug trafficking and drug abuse, then we're no closer to solving the problem than we were back in the 90s when crack cocaine was the epidemic. We really need to begin demanding more original thought from those we elect to office. We also need to begin to accept that each of us is part of the solution to a problem that government cannot solve.

  4. What is with the bias exclusion of the only candidate that made sense, Rex Bell? The Democrat and Republican Party have created this problem, why on earth would anyone believe they are able to fix it without pushing government into matters it doesn't belong?

  5. This is what happens when daddy hands over a business to his moron son and thinks that everything will be ok. this bankruptcy is nothing more than Gary pulling the strings to never pay the creditors that he and his son have ripped off. they are scum and they know it.