Right to Life’s Challenge to Judge Ethics Code Tossed
A federal appeals court has dismissed a challenge to Indiana’s judicial ethics code that barred judicial candidates from making statements about issues likely to come before the courts.
The 7th U.S. Circuit Court of Appeals ruled today (PDF) that Indiana Right to Life did not have standing to bring its First Amendment challenge based on an asserted right to listen. The case was brought by James Bopp, who is leading the charge to overturn such ethical prohibitions.
A “pledges” clause in the Indiana judicial canons barred candidates from making pledges or promises about conduct in office, other than impartial performance of duties. A commitments clause barred candidates from making statements that appeared to commit them with respect to controversies likely to come before the court.
Indiana Right to Life had contended the prohibitions inhibited judicial candidates from responding to their questionnaires about their views on about abortion, assisted suicide and other issues. But there is no evidence that any candidates faced an enforcement action for answering or that fear of an action stopped them from responding, the court said.
“In a right-to-listen case, Right to Life would have standing if there are otherwise willing speakers who are constrained by the Judicial Code,” the court said. “Right to Life says there are. We cannot agree.”
A hat tip to How Appealing, which posted the opinion.
