SCOTUS denies cert, upholding Indiana's judicial canons

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It’s official: Indiana’s judicial canons are constitutional and the rules don’t infringe upon a judge or candidate’s free speech rights.

The Supreme Court of the United States issued an order list Monday that shows it had denied a writ of certiorari in the case of Torrey Bauer, et al. v. Randall T. Shepard, et al., No. 10-425. That means U.S. Judge Teresa Springmann’s ruling upholding the canons stands despite a constitutional challenge to the rules most recently revised in 2010.

The Bauer judicial speech case stems from surveys sent out by Indiana Right to Life asking judicial candidates about views on policy and controversial court issues, and some declined to participate because they saw the canons as preventing them from doing so. The conservative group sued in April 2008 on First and 14th Amendment grounds, on behalf of then-judge candidate Torrey Bauer for Kosciusko Superior Court and Marion Superior Judge David Certo, who’s since been elected but at the time was a judicial candidate running for the first time after being appointed by the governor in 2007 to fill a vacancy.

Judge Springmann dismissed the case and upheld the canons, and that led to an interesting 7th Circuit Court of Appeals analysis involving the other case out of Wisconsin that helped it decide the issue. That other case decided in June 2010 was The Hon. John Siefert v. James C. Alexander, et al., No. 09-1713, where it held that Wisconsin couldn’t prevent judges from being members of political parties but it could restrict partisan activities such as endorsing a non-judicial candidate, and personal fundraising. The full 7th Circuit in late August declined to revisit that ruling, though several judges disagreed – including Judge David Hamilton who voted to rehear it and Judge John Tinder who opted with the majority not to reconsider the case. Using its first Siefert decision, a three-judge appellate panel in Bauer affirmed Judge Springmann’s ruling that had dismissed the suit.

Terre Haute attorney James Bopp was the lead attorney on both judicial canons cases, arguing that they had violated the free speech rights of those on or vying for the bench. But the SCOTUS has declined to consider those arguments and this ends the litigation.


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  1. So the prosecutor made an error and the defendants get a full remedy. Just one short paragraph to undo the harm of the erroneous prosecution. Wow. Just wow.

  2. Wake up!!!! Lawyers are useless!! it makes no difference in any way to speak about what is important!! Just dont tell your plans to the "SELFRIGHTEOUS ARROGANT JERKS!! WHO THINK THEY ARE BETTER THAN ANOTHER MAN/WOMAN!!!!!!

  3. Looks like you dont understand Democracy, Civilized Society does not cut a thiefs hands off, becouse now he cant steal or write or feed himself or learn !!! You deserve to be over punished, Many men are mistreated hurt in many ways before a breaking point happens! grow up !!!

  4. It was all that kept us from tyranny. So sad that so few among the elite cared enough to guard the sacred trust. Nobody has a more sacred obligation to obey the law than those who make the law. Sophocles No man is above the law and no man is below it; nor do we ask any man's permission when we ask him to obey it. Obedience to the law is demanded as a right; not asked as a favor. Theodore Roosevelt That was the ideal ... here is the Hoosier reality: The King can do no wrong. Legal maxim From the Latin 'Rex non potest peccare'. When the President does it, that means that it is not illegal. Richard Nixon

  5. So men who think they are girls at heart can use the lady's potty? Usually the longer line is for the women's loo, so, the ladies may be the ones to experience temporary gender dysphoria, who knows? Is it ok to joke about his or is that hate? I may need a brainwash too, hey! I may just object to my own comment, later, if I get myself properly "oriented"