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In-box: IBA's move is a step in the right direction

September 15, 2010
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Letters to the Editor

To the editor:

Several articles have been written on the recently announced Indianapolis Bar Association PAC relating to judicial campaign contributions. The article appearing in this paper compelled me to write this letter to the editor.

Our legal community has for years worked under a system that requires judicial candidates to fund-raise from lawyers who appear before them. This puts attorneys and judges alike in the untenable position of being linked both by money and justice. With the U.S. Supreme Court case of Caperton v. Massey came the recognition that this system can, and often does, create an appearance of impropriety that simply is not tolerable. The court gave no bright-line test to determine when direct campaign contributions are beyond scrutiny; no threshold amount was offered for guidance, and there was no exclusion for “judges in Marion County who have integrity.” Is the amount of the contribution the guiding factor, or is it the personal financial support that is key? Does a client care whether $150 or $1,500 was given or is the issue really the direct financial link between attorney and judge? In his dissent, Chief Justice John Roberts recognized that the opinion provided no guidance on these issues and opined that the case would “inevitably lead to an increase in allegations that judges are biased, however groundless those charges may be.”

To the astute, informed reader, the opinion left unanswered the question of when direct contributions, in any amount, are ever acceptable between lawyer and judge. Indeed, Caperton raised the profile of an issue deserving of legitimate concern and did nothing to quell the public perception that perhaps justice can be bought. Just this past year, attorneys were scrutinized by the media for hosting fundraisers and contributing to public officials in the legal field. The public was led to believe that these contributions, no matter how small, were evidence of untoward motivations and ill-gotten gains. In fact, this very paper used speculation and innuendo to imply that attorneys were buying justice for their clients. The Indiana Lawyer article “Justice for Sale?” was similarly off the mark.

The real story here is that lawyers are concerned about misconceptions surrounding the legal system and are working to do something about it. As with every initiative undertaken, the bar does not respond with a “knee-jerk” reaction. Instead, the issues brought to light by Caperton over a year ago were carefully studied and all options were considered. The alternative offered by the bar to avoid direct contributions to judicial campaigns neither presents constitutional free speech concerns as suggested by “some people” in the article, nor does it solve all issues relating to the election of trial judges in Marion County. The proper, honest role that money plays in judicial elections is just one of those issues. The IBA through its board has, creatively and courageously, attempted to undertake positive reform in this regard.

All too often, tough issues get buried for fear of facing them; problems persist rather than solutions being implemented because answers are not easy or risk-free. As the PAC is put to use, it will be refined as with everything the bar does. We don’t take that task lightly. That the PAC has been criticized by some as not enough does not detract from the fact that it is, first and foremost, a step in the right direction.•

Christine Hayes Hickey, President

Indianapolis Bar Association

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

  2. 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.

  3. 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.

  4. 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.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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