Ind. Antiabortion Group, Judicial Candidates Seek Injunction To Rule Barring Judges From Several Issues

Main Category: Abortion
Also Included In: Medical Malpractice / Litigation
Article Date: 23 Apr 2008 - 7:00 PDT

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The Indiana Right to Life Committee and two judicial candidates on Friday filed a federal lawsuit seeking a temporary injunction against an Indiana rule that prohibits judges from publicly discussing several issues, including abortion, the AP/WSBT reports.

Marion, Ind., Superior Court Judge David Certo and Torrey Bauer -- a candidate for judge in Kosciusko County, Ind. -- filed the suit with IRLC. The suit was filed after IRLC sent a survey to judicial candidates in the May 6 primary election requesting information about their views on policies and court decisions related to abortion and other issues. James Bopp, attorney for the plaintiffs, said some judges have responded to the survey, but others have told IRLC they would like to but will not because of an Indiana Commission on Judicial Qualifications preliminary advisory opinion that said judicial candidates who make "broad statements on disputed social and legal issues" could violate the state's Code of Judicial Conduct.

The plaintiffs are requesting that the U.S. District Court in South Bend, Ind., issue a temporary injunction on the rule before the primary election. Bopp said that IRLC officials want to publish the survey responses but have not because the group does not want judges to be disciplined for responding. Bopp argued that the U.S. Supreme Court has said judicial candidates have a right to respond to such surveys.

IRLC challenged the same rule during the 2004 election, claiming that the rule violates judicial candidates' right to free speech. A federal judge found the rule unconstitutional, but the 7th U.S. Circuit Court of Appeals ruled that IRLC did not have standing to bring the challenge based on a right to hear candidates' views. The appeals court said that IRLC has not proven that judges face enforcement of the judicial code or that a fear of enforcement keeps judges from answering questions (AP/WSBT, 4/18).

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