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Indiana attorney gets award for work on recusals

IL Staff
December 31, 2009
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A partner at an Indianapolis law firm is being recognized by the National Center for State Courts for his work on judicial recusals, and he has some ideas that state chief justices and Indiana's top court could find interesting.

George T. Patton Jr. of Bose McKinney & Evans, a Washington D.C.-based partner in the litigation group who co-chairs the firm's appellate group, praises the Indiana Supreme Court's leadership on judicial recusals and its code of conduct, but thinks that one change might be worth exploring here.

With five justices, one recusal could leave the court with a 2-2 split decision because of the four remaining to decide a case. Other states have adopted policies allowing lower appellate or trial judges to fill in for recused judges, and Indiana would benefit from that practice, Patton said.

The other suggestion Patton has for chief justices nationally is to adopt the American Bar Association's model judicial canons, something Indiana did and put into effect in January 2009.

His recommendations come after a June decision by the Supreme Court of the United States in Caperton v. A.T. Massey Coal Company, Inc., 129 S.Ct. 2252 (2009), which offered guidance on how judges should recuse themselves in cases where they've received campaign contributions from litigants or have an interest. Patton considers it at the top of the list in state court impact and in the top five of all federal and state cases that will likely be remembered in the future.

Patton's work stems from an amicus curiae brief he crafted and filed on behalf of the Conference of Chief Justices - something that had a significant impact on the high court's decision-making in Caperton. That brief was mentioned eight times in the opinion, he said.

Since that ruling, Patton has closely monitored the national scene on how state courts are coping with Caperton. So far, he hasn't observed any "flood of recusal motions" as some feared could happen as a result of the decision. The topic has also spurred congressional hearings on the issue of recusals in recent months, and Indiana University Maurer School of Law - Bloomington professor Charles Geyh has testified on the issue.

For his work, Patton is receiving the NCSC's 2009 Distinguished Service Award, considered the organization's highest recognition that is presented annually for contributions to the judicial administration field.

Patton will receive his award Feb. 2 at the chief justices' conference in the U.S. Virgin Islands. He'll give a 30-minute presentation entitled "Recusal: Where Art Thou?" which also delves into his previous work on the related SCOTUS decision of Republican Party of Minnesota v. White, 536 U.S. 765 (2002) that addressed judicial free speech issues and has led to conflicting caselaw on judicial canons nationally.

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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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