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
Ethics
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
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 the best vantage point to notice patterns of recurring ethical violations, to o … [Read more...] about Disciplinary Responsibility of Judges and the Duty to Report Ethical Misconduct