ILNews

Indiana attorney gets award for work on recusals

IL Staff
December 31, 2009
Back to TopE-mailPrintBookmark and Share

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.

ADVERTISEMENT

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

  2. As an adoptive parent, I have to say this situation was as shameful as it gets. While the state government opens its wallet to the Simons and their friends, it denied payments to the most vulnerable in our state. Thanks Mitch!

  3. We as lawyers who have given up the range of First amendment freedom that other people possess, so that we can have a license to practice in the courts of the state and make gobs of money, that we agree to combat the hateful and bigoted discrimination enshrined in the law by democratic majorities, that Law Lord Posner has graciously explained for us....... We must now unhesitatingly condemn the sincerely held religious beliefs of religiously observant Catholics, Muslims, Christians, and Jewish persons alike who yet adhere to Scriptural exhortations concerning sodomites and catamites..... No tolerance will be extended to intolerance, and we must hate the haters most zealously! And in our public explanations of this constitutional garbledygook, when doing the balancing act, we must remember that the state always pushes its finger down on the individualism side of the scale at every turn and at every juncture no matter what the cost to society.....to elevate the values of a minority over the values of the majority is now the defining feature of American "Democracy..." we must remember our role in tricking Americans to think that this is desirable in spite of their own democratically expressed values being trashed. As a secular republic the United States might as well be officially atheist, religious people are now all bigots and will soon be treated with the same contempt that kluckers were in recent times..... The most important thing is that any source of moral authority besides the state be absolutely crushed.

  4. In my recent article in Indiana Lawyer, I noted that grass roots marketing -- reaching out and touching people -- is still one of the best forms of advertising today. It's often forgotten in the midst of all of today's "newer wave" marketing techniques. Shaking hands and kissing babies is what politicians have done for year and it still works. These are perfect examples of building goodwill. Kudos to these firms. Make "grass roots" an essential part of your marketing plan. Jon Quick QPRmarketing.com

  5. Hi, Who can I speak to regarding advertising today? Thanks, Gary

ADVERTISEMENT