ILNews

Will SCOTUS weigh in on canons?

Back to TopCommentsE-mailPrintBookmark and Share
Indiana Lawyer Rehearing

The Supreme Court of the United States could soon decide if it will take on cases that question Indiana’s judicial canons and whether those types of rules infringe on the free speech rights of seated jurists or those vying for the bench.

On Jan. 14, the Indiana attorney general’s office filed a brief with the high court in Torrey Bauer, David Certo, and Indiana Right to Life v. Randall T. Shepard, et al., No. 09-2963, urging the justices not to hear the case. That request came about four months after Terre Haute attorney James Bopp asked the court to grant certiorari in a case that centers on judicial candidates’ concerns about how state canons restrict their answering of survey questions.

U.S. Judge Theresa Springmann dismissed the case and upheld the canons, and the 7th Circuit last summer ruled that the state judicial canons aren’t unconstitutionally restrictive of free speech and should stand.

A three-judge appellate panel relied on a related ruling from June in The Hon. John Siefert v. James C. Alexander, et al., No. 09-1713, in upholding the Indiana canons, and the full Circuit declined to revisit that ruling despite some disagreement among the judges. Bopp appealed to the SCOTUS in September and the state waived its right to respond, but the high court in November asked the state AG to respond to the certiorari petition.

The AG’s brief argues that Bopp “may hope to use this case to deregulate judicial election campaigns, but the decision below written by Chief Judge Easterbrook provides little reason for the Court to become involved. The Seventh Circuit, examining common, time-tested restrictions on judicial speech, reached the same unremarkable First Amendment conclusions as nearly all courts.”

The state contends that abstract tension among lower courts about proper legal standards do not justify review, and that when no District or Circuit court conflict exists under precedent, the SCOTUS shouldn’t interfere.

A docket entry shows that justices plan to discuss the case during a private conference Feb. 18, but that isn’t guaranteed and no timeline exists for when a decision must be made. Bopp has also filed a certiorari petition in the Siefert case, and the docket shows that case is scheduled for discussion the same day as Bauer.

Rehearing "7th Circuit upholds Indiana's judicial cannons" IL Sept. 1-14, 2010

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. A sad end to a prolific gadfly. Indiana has suffered a great loss in the journalistic realm.

  2. Good riddance to this dangerous activist judge

  3. 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.

  4. 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.

  5. 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.

ADVERTISEMENT