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. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. 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.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...