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Federal judge OKs state's judicial canons

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A federal judge says the Indiana Supreme Court can regulate judicial speech through its cannons, and has ruled the existing rules do not violate a judge or judicial candidate's constitutional free speech or association rights.

In a 71-page order issued late Tuesday in Torrey Bauer, et al. v. Randall T. Shepard, et al., No. 3:08-CV-196, U.S. District Judge Theresa Springmann in Fort Wayne dismissed a case brought by Indiana Right to Life, which challenged the state's judicial canons on constitutional grounds.

The judicial-speech case stems from a survey the non-profit group sent out last year to judicial candidates before the election, asking them to state views about policies and court decisions related to abortion, euthanasia, and other issues. Most declined to reply to the survey, citing an advisory opinion from the Judicial Qualifications Commission that warned judicial candidates against making "broad statements on disputed social and legal issues."

But deciding the canons go too far and infringe on candidates' First and 14th amendment rights, the committee sued in April 2008 on behalf of Torrey Bauer, an attorney who was a candidate for Kosciusko Superior Court, and Marion Superior Judge David Certo, who has since been elected but at the time was a judicial candidate running for the first time after being appointed by the governor in 2007 to fill a vacancy.

Chief Justice Shepard is named as the lead defendant, as he chairs the Indiana Judicial Qualifications Commission. Parties filed amended complaints and answers earlier this year, focusing the arguments to the revised 2009 judicial code of conduct.

In the nine counts brought against the state judicial commission, the federal judge found the plaintiffs have standing to bring the case but dismissed two counts and entered judgments against the plaintiffs on the other seven. She vacated a 14-month-old preliminary injunction that had stopped the commission from enforcing the canons.

"In this case, the free speech and association rights of judges and judicial candidates, which are protected by the First Amendment, bump into the interests of the people of Indiana in having a judiciary that is independent, fair, impartial, and competent, that is comprised of individuals of integrity and that preserves the principles of justice and the rule of law," Judge Springmann wrote. "As a consequence, the Indiana Supreme Court must carefully balance the various values and interests at stake and narrowly tailor the rules governing the conduct of judges and judicial candidates to serve these interests."

Pointing out that Indiana's high court has repeatedly adjusted the applicable rules and advice throughout the years based on U.S. Supreme Court rulings and other precedent, Judge Springmann found the current code is narrowly tailored to serve the compelling interests in protecting the judiciary's image.

She also found little to support the plaintiffs' claim challenging the disqualification and recusal provisions of the state canons, citing the recent U.S. Supreme Court ruling of Caperton v. A.T. Massey Coal Co., 129 S. Ct. 2252 (2009), to guide her decision and saying that the plaintiffs were "running up hill" in parts of their challenge.

But most significantly, Judge Springmann wrote the canons don't prevent judicial candidates from answering questionnaires like this - that they are permitted to state their views about disputed social and legal issues, as long as they abide by the canons and specific rules governing that.

"The questionnaire could (be) improved with clear assurances that judicial candidate respondents will keep an open mind and carry out their adjudicative duties faithfully and impartially if elected," she observed.

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  1. wow is this a bunch of bs! i know the facts!

  2. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  3. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  4. It's a capital offense...one for you Latin scholars..

  5. I would like to suggest that you train those who search and help others, to be a Confidential Intermediary. Original Birth Certificates should not be handed out "willie nillie". There are many Birth Parents that have never told any of their families about, much less their Husband and Children about a baby born prior to their Mother's marriage. You can't go directly to her house, knock on her door and say I am the baby that you had years ago. This is what an Intermediary does as well as the search. They are appointed by by the Court after going through training and being Certified. If you would like, I can make a copy of my Certificate to give you an idea. you will need to attend classes and be certified then sworn in to follow the laws. I still am active and working on 5 cases at this time. Considering the fact that I am listed as a Senior Citizen, that's not at all bad. Being Certified is a protection for you as well as the Birth Mother. I have worked with many adoptees as well as the Birth Parents. They will also need understanding, guidance, and emotional help to deal with their own lost child and the love and fear that they have had locked up for all these years. If I could talk with those involved with the legal end, as well as those who do the searches and the Birth Mothers that lost their child, we JUST might find an answer that helps all of those involved. I hope that this will help you and others in the future. If you need to talk, I am listed with the Adoption Agencies here in Michigan. They can give you my phone number. My email address is as follows jatoz8@yahoo.com. Make sure that you use the word ADOPTION as the subject. Thank you for reading my message. Jeanette Abronowitz.

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