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. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.