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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. Whilst it may be true that Judges and Justices enjoy such freedom of time and effort, it certainly does not hold true for the average working person. To say that one must 1) take a day or a half day off work every 3 months, 2) gather a list of information including recent photographs, and 3) set up a time that is convenient for the local sheriff or other such office to complete the registry is more than a bit near-sighted. This may be procedural, and hence, in the near-sighted minds of the court, not 'punishment,' but it is in fact 'punishment.' The local sheriffs probably feel a little punished too by the overwork. Registries serve to punish the offender whilst simultaneously providing the public at large with a false sense of security. The false sense of security is dangerous to the public who may not exercise due diligence by thinking there are no offenders in their locale. In fact, the registry only informs them of those who have been convicted.

  2. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  3. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

  4. I am one of Steele's victims and was taken for $6,000. I want my money back due to him doing nothing for me. I filed for divorce after a 16 year marriage and lost everything. My kids, my home, cars, money, pension. Every attorney I have talked to is not willing to help me. What can I do? I was told i can file a civil suit but you have to have all of Steelers info that I don't have. Of someone can please help me or tell me what info I need would be great.

  5. It would appear that news breaking on Drudge from the Hoosier state (link below) ties back to this Hoosier story from the beginning of the recent police disrespect period .... MCBA president Cassandra Bentley McNair issued the statement on behalf of the association Dec. 1. The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer Darren Wilson for shooting Michael Brown. “The MCBA does not believe this was a just outcome to this process, and is disheartened that the system we as lawyers are intended to uphold failed the African-American community in such a way,” the association stated. “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” http://www.thestarpress.com/story/news/local/2016/07/18/hate-cops-sign-prompts-controversy/87242664/

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