Punishing the Profane

Using Criminal Contempt Powers in an Ethical Manner
Adefendant spews forth a string of curses during his initial hearing. A cell phone goes off in a busy courtroom, but no one will take responsibility for the disruption. When submitting a check to pay her fine, a litigant writes an expletive (expressing how she feels [...]

To fee or not to fee… That is the ethical question

During economic hard times, the pressure can be immense for government officials, including judges, to find additional revenue sources to run government agencies. Judges often find themselves in the crossfire between addressing a city/county council’s concerns about budget shortfalls and maintaining the regular business of the court. Three alluring “solutions” sometimes proposed to [...]

Indiana Merit Selection and the “Missouri Plan”

Nationwide, selection of appellate judges typically occurs in one of three ways: contested election, political appointment, or merit selection. The “Missouri Plan,” as merit selection is sometimes referred to, first emerged in 1940 when prominent Missouri citizens1 sought to change the way their judges were selected because of perceived abuses/weaknesses with the other [...]

Choosing a New Chief

As the dwindling seconds of the clock ticked on the 1987 NCAA basketball championship game, Keith Smart launched Indiana onto the national stage by delivering a buzzer-beating two-pointer to defeat Syracuse and claim Indiana University a national title. But this was not the first time in March 1987 that the State of Indiana had [...]

Charitable Contributions: When Sentence Conditions Raise Ethical Concerns

Some combinations inherently go together, like chocolate and peanut butter. Others initially sound like a good idea (e.g. chili mixed with jalapeno peppers) but later have regrettable after effects. Requiring a defendant to make a charitable contribution as a sentencing condition is a combination that falls into the latter category.
Proponents of this sentencing [...]

Judicial Hiring and Administrative Appointments Revisited

Some rules of conduct are worth repeating. This is one of them. Generally, it is not a good idea for a judge to hire a family member or friend as a court employee or to appoint them to an administrative position. There are a number of practical reasons for this view, including that [...]

Providing Legal Advice and Support for Family Members

After taking the oath of office, new judges find that their former roles in the community sometimes must be adjusted, especially when it comes to doling out legal advice. Prior to taking the bench, the judge may have served as the “go-to” person when neighbors, friends, and family members had legal questions or disputes [...]

The Role of the Judicial Nominating Commission in Judicial Selection

With the upcoming vacancy resulting from Justice Theodore R. Boehm’s decision to step down from the Indiana Supreme Court, there exists a renewed interest about how justices are selected to our state’s highest court.  In particular, many questions have been posed about the role of the Judicial Nominating Commission in Indiana’s selection process.  Given this [...]

Disciplinary Responsibility of Judges and the Duty to Report Ethical Misconduct

Reporting the professional misconduct of a colleague or contemporary is never an easy task.  For many judges, their most difficult duty may be deciding whether to report an ethical violation by another judge or an attorney.  But, it also may be their most important.
As a day-to-day observer of other judges and attorneys, judges often have [...]

Ethical Considerations of Using Social Networking Sites

During the course of their professional lives, judges often have ethical questions about the application of the Code of Judicial Conduct to particular situations.  Should a judge disqualify from a particular case?  May a judge attend and participate in a specific fundraiser?  What should a judge do about an ex parte communication that the judge [...]

Federal Case Review: Pledges and Promises, Solicitations, and Public Endorsement Clauses

The U.S. Supreme Court’s acceptance that states have a vital interest in maintaining judicial integrity has stoked some scholars’ hopes that other restrictions on judicial campaign conduct will also pass constitutional muster. Of particular interest are the provisions in many state judicial codes, Indiana included, which prohibit judicial candidates from making “pledges, promises, or [...]

Judges: Selection, Conduct, and the Constitution

How we select our judges has been a hot topic in the last year.  Hugh M. Caperton v. A.T. Massey Coal Co., ___U.S. ____, 2009 WL 1576573 (June 9, 2009), is a case with facts reminiscent of a John Grisham novel. We watched with great interest as it wound its way through the appellate process. [...]

Judicial Conference Session Demonstrates Ease of Using Language Line

The Indiana Supreme Court’s Language Line Program is as simple to use as taking porridge from a bear’s vacant cottage.  All a judicial officer needs is a speakerphone, the Supreme Court’s approved account number, and a dialing finger.
To showcase the relative ease of using the Supreme Court’s Language Line Program, Judge Robert Altice, Marion Superior [...]