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Chinn: A Few Words About Judicial Elections

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iba-chinn-scottI confess that I am a political junkie. I spend too much time watching and listening to the punditry coming from all parts of the ideological spectrum and from both major political parties. (A healthy dose of MSNBC’s “Morning Joe” is a staple of my morning routine.) And for a political junkie, what could be better than 2012 – the mother of all election years in the four-year cycle of American politics?

But if we avert our gaze from the Presidential Election for a few moments, we have some pretty darn important local elections. This is a judicial election year, and in Marion County this year, we have 20 spots on the ballot for judges of the Marion Superior Court. More than half of the local judiciary in the State’s largest and busiest county is up for election. That fact alone makes the 2012 elections a big deal.

So, if these elections are a big deal for judges, lawyers, and the community, what is your Indianapolis Bar Association’s involvement? First, the Judicial Excellence Political Action Committee (JEPAC) began its work late last year to conduct its survey of Marion County judicial candidates. In accordance with its purpose, JEPAC electronically surveyed Indianapolis Bar Association attorney members, attorneys with the Marion County Prosecutor’s Office, attorneys with the Marion County Public Defender’s Office and attorneys who have entered an appearance in the past three years before an incumbent judge seeking re-election for whom an email address was available. The instructions to attorneys surveyed were to answer the questions – regarding work ethic, efficiency, judicial ethics, impartiality, legal application, and judicial temperament – only for those judges or judicial candidates with whom the attorneys had experience in professional settings or circumstances within the last three years.

On January 20, 2012, IndyBar released the results of the JEPAC survey. Every person who supplied information to JEPAC and confirmed his or her intention to file a candidacy for the office of Marion Superior Judge was included in the survey. A total of 4,323 emails were delivered in aid of this electronic survey of which 1,150 were returned with a response (conferring a 26.6% response rate). The results, along with biographical information supplied by the judicial candidates, can be reviewed at www.indyjudges.org.

The survey results are intended to be instructive to the candidates, the major political parties at their slating conventions, the voting public at the primary election, and at the general election (in the case of third-party candidacies). But it probably won’t escape your thoughts, that for lawyers to survey judges for this purpose is not without its pitfalls, especially under Marion County’s system of judicial elections. Some question the utility of the JEPAC surveys. Some don’t like what turns out to the system’s strong if not irrebuttable presumption that the primary election will be the last required legal act for installing an equal amount of judges from each major political party. Still others don’t favor the election of judges at all.

Along with these elections come campaign finance issues. In 2009, the U.S. Supreme Court held in Caperton v. A.T. Massey Coal Co. that in some contexts contributions to a judicial campaign from those appearing in front of a judge raises due process concerns. In response, the IndyBar has created Attorneys for an Independent Bench (AIB) – a political action committee that is able to receive contributions in a way that provides a legal option for lawyers to avoid making direct contributions to judicial campaigns. And retired Indiana Supreme Court Justice Theodore Boehm and retired U.S. Magistrate Judge V. Sue Shields recently co-authored a letter to the Indiana Judicial Qualifications Commission to gain clarification regarding whether Rule 4.1 of the Indiana Code of Judicial Conduct prohibits the payment of slating fees from judicial candidates seeking a party endorsement.

I don’t think the answers to questions of reform versus maintaining the status quo – either on the structure of the judicial electoral system or campaign finance for judges – are obvious. Competing values are at stake. So, against this backdrop of uncomfortable questions, the only thing we know for sure is that there are differing and sincerely held viewpoints on every aspect of our judicial elections in Marion County. But the prospect of controversy should not stifle open and good faith discussions about those differences. And the IndyBar has been and will continue to be part of fostering some of those discussions.•

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  1. Looks like 2017 will be another notable year for these cases. I have a Grandson involved in a CHINS case that should never have been. He and the whole family are being held hostage by CPS and the 'current mood' of the CPS caseworker. If the parents disagree with a decision, they are penalized. I, along with other were posting on Jasper County Online News, but all were quickly warned to remove posts. I totally understand that some children need these services, but in this case, it was mistakes, covered by coorcement of father to sign papers, lies and cover-ups. The most astonishing thing was within 2 weeks of this child being placed with CPS, a private adoption agency was asking questions regarding child's family in the area. I believe a photo that was taken by CPS manager at the very onset during the CHINS co-ocerment and the intent was to make money. I have even been warned not to post or speak to anyone regarding this case. Parents have completed all requirements, met foster parents, get visitation 2 days a week, and still the next court date is all the way out till May 1, which gives them(CPS) plenty of to time make further demands (which I expect) No trust of these 'seasoned' case managers, as I have already learned too much about their dirty little tricks. If they discover that I have posted here, I expect they will not be happy and penalized parents again. Still a Hostage.

  2. They say it was a court error, however they fail to mention A.R. was on the run from the law and was hiding. Thus why she didn't receive anything from her public defender. Step mom is filing again for adoption of the two boys she has raised. A.R. is a criminal with a serious heroin addiction. She filed this appeal MORE than 30 days after the final decision was made from prison. Report all the facts not just some.

  3. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

  4. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

  5. I whole-heartedly agree with Doug Church's comment, above. Indiana lawyers were especially fortunate to benefit from Tom Pyrz' leadership and foresight at a time when there has been unprecedented change in the legal profession. Consider how dramatically computer technology and its role in the practice of law have changed over the last 25 years. The impact of the great recession of 2008 dramatically changed the composition and structure of law firms across the country. Economic pressures altered what had long been a routine, robust annual recruitment process for law students and recent law school graduates. That has, in turn, impacted law school enrollment across the country, placing upward pressure on law school tuition. The internet continues to drive significant changes in the provision of legal services in both public and private sectors. The ISBA has worked to make quality legal representation accessible and affordable for all who need it and to raise general public understanding of Indiana laws and procedures. How difficult it would have been to tackle each of these issues without Tom's leadership. Tom has set the tone for positive change at the ISBA to meet the evolving practice needs of lawyers of all backgrounds and ages. He has led the organization with vision, patience, flexibility, commitment, thoughtfulness & even humor. He will, indeed, be a tough act to follow. Thank you, Tom, for all you've done and all the energy you've invested in making the ISBA an excellent, progressive, highly responsive, all-inclusive, respectful & respected professional association during his tenure there.

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