ILNews

Judicial free-speech cases dismissed

Jennifer Nelson
January 1, 2007
Keywords
Back to TopCommentsE-mailPrintBookmark and Share
The 7th Circuit Court of Appeals reversed the decision of the U.S. District Court for the Northern District of Indiana, which ruled the "pledges" and "commitments" clauses of Indiana Code of Judicial Conduct were unconstitutional.

In Indiana Right to Life, et al. v. Randall T. Shepard, et al., 06-4333, the Circuit Court dismissed Indiana Right to Life's complaint against the Indiana Commission on Judicial Qualifications and the Indiana Disciplinary Commission that Canon 5A(3)(d)(i) and (ii) is unconstitutional, stating the group had no standing to bring the complaint.

Indiana Right to Life sent questionnaires in 2002 and 2004 to judicial candidates seeking their answers to questions on topics such as abortion and physician-assisted suicide. In 2002, nine candidates answered; in 2004, eight candidates responded and only two provided substantive answers.

The six responses contained various explanations as to why the judges declined to answer the questions, but all mentioned their reasons for declining to answer were their own decisions and not influenced by potential discipline from the Commission on Judicial Qualifications.

Right to Life argues the "pledges" and "commitments" canon inhibits judicial candidates from stating their views on the issues and violates Right to Life's First Amendment right to receive and publish protected free speech.

Circuit Judge Terence Evans wrote in the opinion that in order for Right to Life to bring the complaint, they must have "a cognizable injury that is causally connected to the alleged conduct and is capable of being redressed." Right to Life claims they have the "right to listen," but there is no willing speaker nor is there a speaker who has been subjected to sanctions based on the code, so Right to Life does not have standing.

There were no judges who wanted to speak but were constrained because of the Judicial Code or who feared being disciplined, nor were any judges disciplined for a violation of the canon.
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. Are you financially squeezed? Do you seek funds to pay off credits and debts Do you seek finance to set up your own business? Are you in need of private or business loans for various purposes? Do you seek loans to carry out large projects Do you seek funding for various other processes? If you have any of the above problems, we can be of assistance to you but I want you to understand that we give out our loans at an interest rate of 3% . Interested Persons should contact me with this below details . LOAN APPLICATION FORM First name: Date of birth (yyyy-mm-dd): Loan Amount Needed: Duration: Occupation: Phone: Country: My contact email :jasonwillfinanceloanss@hotmail.com Note:that all mail must be sent to: jasonwillfinanceloanss@hotmail.com Thanks and God Bless . Jason Will

  2. Can I get this form on line,if not where can I obtain one. I am eligible.

  3. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  4. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  5. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

ADVERTISEMENT