ILNews

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. On a related note, I offered the ICLU my cases against the BLE repeatedly, and sought their amici aid repeatedly as well. Crickets. Usually not even a response. I am guessing they do not do allegations of anti-Christian bias? No matter how glaring? I have posted on other links the amicus brief that did get filed (search this ezine, e.g., Kansas attorney), read the Thomas More Society brief to note what the ACLU ran from like vampires from garlic. An Examiner pledged to advance diversity and inclusion came right out on the record and demanded that I choose Man's law or God's law. I wonder, had I been asked to swear off Allah ... what result then, ICLU? Had I been found of bad character and fitness for advocating sexual deviance, what result then ICLU? Had I been lifetime banned for posting left of center statements denigrating the US Constitution, what result ICLU? Hey, we all know don't we? Rather Biased.

  2. It was mentioned in the article that there have been numerous CLE events to train attorneys on e-filing. I would like someone to provide a list of those events, because I have not seen any such events in east central Indiana, and since Hamilton County is one of the counties where e-filing is mandatory, one would expect some instruction in this area. Come on, people, give some instruction, not just applause!

  3. This law is troubling in two respects: First, why wasn't the law reviewed "with the intention of getting all the facts surrounding the legislation and its actual impact on the marketplace" BEFORE it was passed and signed? Seems a bit backwards to me (even acknowledging that this is the Indiana state legislature we're talking about. Second, what is it with the laws in this state that seem to create artificial monopolies in various industries? Besides this one, the other law that comes to mind is the legislation that governed the granting of licenses to firms that wanted to set up craft distilleries. The licensing was limited to only those entities that were already in the craft beer brewing business. Republicans in this state talk a big game when it comes to being "business friendly". They're friendly alright . . . to certain businesses.

  4. Gretchen, Asia, Roberto, Tonia, Shannon, Cheri, Nicholas, Sondra, Carey, Laura ... my heart breaks for you, reaching out in a forum in which you are ignored by a professional suffering through both compassion fatigue and the love of filthy lucre. Most if not all of you seek a warm blooded Hoosier attorney unafraid to take on the government and plead that government officials have acted unconstitutionally to try to save a family and/or rescue children in need and/or press individual rights against the Leviathan state. I know an attorney from Kansas who has taken such cases across the country, arguing before half of the federal courts of appeal and presenting cases to the US S.Ct. numerous times seeking cert. Unfortunately, due to his zeal for the constitutional rights of peasants and willingness to confront powerful government bureaucrats seemingly violating the same ... he was denied character and fitness certification to join the Indiana bar, even after he was cleared to sit for, and passed, both the bar exam and ethics exam. And was even admitted to the Indiana federal bar! NOW KNOW THIS .... you will face headwinds and difficulties in locating a zealously motivated Hoosier attorney to face off against powerful government agents who violate the constitution, for those who do so tend to end up as marginalized as Paul Odgen, who was driven from the profession. So beware, many are mere expensive lapdogs, the kind of breed who will gladly take a large retainer, but then fail to press against the status quo and powers that be when told to heel to. It is a common belief among some in Indiana that those attorneys who truly fight the power and rigorously confront corruption often end up, actually or metaphorically, in real life or at least as to their careers, as dead as the late, great Gary Welch. All of that said, I wish you the very best in finding a Hoosier attorney with a fighting spirit to press your rights as far as you can, for you do have rights against government actors, no matter what said actors may tell you otherwise. Attorneys outside the elitist camp are often better fighters that those owing the powers that be for their salaries, corner offices and end of year bonuses. So do not be afraid to retain a green horn or unconnected lawyer, many of them are fine men and woman who are yet untainted by the "unique" Hoosier system.

  5. I am not the John below. He is a journalist and talk show host who knows me through my years working in Kansas government. I did no ask John to post the note below ...

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