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Circuit Court split on rehearing judicial canons case

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Indiana’s two federal appeals judges disagree about whether the full 7th Circuit Court of Appeals should reconsider a Wisconsin case about the judicial code of conduct in that state, paving the way for a further battle before the nation’s highest court that could influence Indiana’s judicial canons.

What happens with this case may set the stage for what ultimately happens with a similar suit out of Indiana, in which a three-judge 7th Circuit panel recently upheld the state’s judicial canons and found they didn’t infringe upon constitutional free speech rights.

A per curiam decision came today in The Hon. John Siefert v. James C. Alexander, et al., No. 09-1713, in which a majority of the 10 active Circuit judges decided not to grant a rehearing en banc. Chief Judge Frank Easterbrook and Judges Joel Flaum, Michael Kanne, Richard Posner, and John Tinder opted against rehearing. Judges David Hamilton, Illana Rovner, Ann Williams, and Diane Wood voted for the full court to rehear the appeal. Judge Diane Sykes didn’t participate, and one of the active seats remains vacant.

In June, the three-judge panel of Judges Flaum, Rovner, and Tinder issued a 2-1 ruling in Siefert v. Alexander, 608 F.3fd 974 (7th Circuit 2010). Judge Rovner had dissented from the ruling, which simultaneously held that Wisconsin couldn’t prevent judges from being members of political parties but it could restrict partisan activities such as endorsing non-judicial candidates or personal fundraising. That decision relied heavily on the Supreme Court of the United States ruling in Republican Party of Minnesota v. White, 536 U.S. 765 (2002,) regarding free speech issues in relation to judicial elections and campaigns, as well as the more recent ruling last year in Caperton v. A.T. Massey Coal Co., 129 S. Ct. 2252, 2266-67 (2009), and how newer lines of litigation have delved into subtopics.

On Aug. 20, a 7th Circuit panel relied on the Siefert decision in its ruling on Torrey Bauer, David Certo, and Indiana Right to Life v. Randall T. Shepard, et al., No. 09-2963, which affirmed a judgment from U.S. Judge Theresa Springmann in the Northern District of Indiana dismissing the judicial canons suit.

Dissenting today, Judge Rovner wrote on behalf of the dissenting judges that the 7th Circuit appears to be an outlier on these issues nationally and that recently the 6th and 8th Circuits have struck down as unconstitutional state statutes restricting First Amendment rights of judges and judicial canons.

“Our divergent opinions on this issue is an outlier and should be reheard en banc,” she wrote.

Terre Haute attorney Jim Bopp, who represented the plaintiff and also represents the Indiana plaintiffs in the Bauer case, couldn’t be immediately reached today to comment on this ruling or whether he’ll file a writ of certiorari to the SCOTUS.
 

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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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