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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. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

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