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 attracted a national eye. Earlier that month, the Indiana Judicial Nominating Commission … [Read more...] about Choosing a New Chief
Ethics
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 practice argue that requiring a defendant to make a … [Read more...] about Charitable Contributions: When Sentence Conditions Raise Ethical Concerns
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 the Indiana Code of Judicial Conduct requires judges to make hiring and appointment decisions in a fair and impartial … [Read more...] about Judicial Hiring and Administrative Appointments Revisited
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 that required the services of a lawyer. However, the Code of Judicial Conduct places restrictions o … [Read more...] about Providing Legal Advice and Support for Family Members
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 increased attention, I decided to set aside my usual discuss … [Read more...] about The Role of the Judicial Nominating Commission in Judicial Selection