Gavel Gamut By Jim Redwine
www.jamesmredwine.com
JUDGES OR POLITICIANS?
We are now into the third week of our National Judicial College Internet course on the education of newer judges by not so new ones. We have covered recommended academic curricula for judges and had one session on the general roles of each of the three branches of government. Let’s move on to a discussion of judges and politics. We can begin with Canon 4 of the Code of Judicial Conduct in the Indiana Rules of Court, Volume I – State, 2017. As set forth in the commentary to Canon 4, Rule 4.1(D)[1] and [2]:
“[1] Even when subject to public election, a judge plays a role different from that of a legislator or executive branch official. Rather than making decisions based upon the expressed views or preferences of the electorate, a judge makes decisions based upon the law and the facts of every case. Public confidence in the independence and impartiality of the judiciary is eroded if judges or judicial candidates are perceived to be subject to political influence. In furtherance of this interest, judges and judicial candidates must, to the greatest extent possible, be free, and appear to be free, from political influence and partisan interests. Therefore, this Canon permits only narrowly-tailored exceptions to the prohibitions against political activities of judges and judicial candidates, taking into account the different methods of judicial selection and the role of the electorate in selecting and retaining its judiciary.
[2] When a person becomes a judicial candidate, this Canon becomes applicable to his or her conduct.â€
That rule covers a lot of ground but the public policy behind it is found in the following succinct statement:
“Public confidence in the independence and impartiality of the judiciary is eroded if judges or judicial candidates are perceived to be subject to political influence.â€
Canon 4, Rule 4.1(D) comment [3].
A judge or judicial candidate is ordered to take reasonable measures to ensure that other persons, including the judge’s or candidate’s staff do not engage in activities prohibited by the Canons.
In Posey County, Indiana judges must run as Independents, Democrats, Republicans or a nominee of some other officially recognized political party. Regardless, the Canons must be adhered to. Of course, people who are not within the legal community such as political party officials, other office holders and private individuals may have difficulty understanding how essential an independent judiciary is to our democracy and to public confidence that matters will be judged only on the proper law and the actual facts in controversy.
We all want to win and we believe we should win. For example, Peg and I always root for Indiana University and find it odd that others do not. Partisanship is an integral part of human nature. Of course, that’s exactly why we need judges who are not partisan and who are perceived by the public to be fair and independent.
It is not that the Canons of Judicial Conduct do not understand human nature. Au contraire, Gentle Reader, that is the very reason the Canons exist and should be followed.
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