New judicial speech rights suit filed

Michael W. Hoskins
January 1, 2008
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A federal lawsuit challenging Indiana's rules prohibiting judicial candidates from responding to a survey about their views is picking up where a similar suit left off late last year.

The nonprofit Indiana Right to Life Inc. filed a suit April 18 on behalf of Marion Superior Judge David Certo, who is running for the court for the first time after being appointed by Gov. Mitch Daniels to fill a vacancy last year, and Torrey Bauer, a candidate for Kosciusko Superior Court. The case stems from a survey the organization sent March 22, 2008, requesting that candidates state their views about policies and court decisions related to abortion, euthanasia, and other related issues prior to May's primary election.

Most declined to reply to the survey, citing an advisory opinion from the Judicial Qualifications Commission warning judicial candidates against making "broad statements on disputed social and legal issues" because of the potential risk of violating the Indiana Code of Judicial Conduct, the suit states.

Terre Haute attorney James Bopp Jr., lead counsel for the co-plaintiffs, notes in the suit that the state rules contradict precedent from the U.S. Supreme Court, which states that judicial candidates have a right to respond to surveys and voters should have the right to hear what they say. Caselaw on that point is Republican Party of Minnesota v. White, 536 U.S. 765 (2002). The suit states that Indiana's rules and policy are being interpreted to suppress the same sort of free speech that Minnesota had tried to punish.

The suit, Torrey Bauer, et al. v. Randall T. Shepard, et al., No. 08-CV-196, filed in the U.S. District Court, Northern District of Indiana, South Bend Division also asks the court to grant a motion for a temporary restraining order blocking the state from enforcing the rule. A copy of the suit and the motion for a temporary restraining order can be found through the James Madison Center for Free Speech.

This suit is similar to one dismissed by the 7th Circuit Court of Appeals in October 2007; that suit also came from the Northern District, where the trial judge had ruled the "pledges" and "commitments" clauses of the state's judicial conduct code were unconstitutional. In Indiana Right to Life, et al. v. Randall T. Shepard, et al., No. 06-4333, the 7th Circuit dismissed Indiana Right to Life's complaint against the state judicial and disciplinary commissions that Canon 5A(3)(d)(i) and (ii) is unconstitutional, stating the group had no standing to bring the complaint because no candidates had come forward to challenge it and none had been disciplined for a violation of the canon.

Indiana Right to Life sent questionnaires in 2002 and 2004 to judicial candidates seeking their answers to similar questions. Few responded, 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.

Circuit Judge Terence Evans wrote in his opinion that Right to Life needed more than a "right to listen"; it must have "a cognizable injury that is causally connected to the alleged conduct and is capable of being redressed."

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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.