Bauer v. Shepard

Dist. Ct. did not err in sustaining constitutionality of several provisions of Indiana's Judicial Code that plaintiffs-candidates for judicial office claimed improperly prohibited them from answering questionnaire drafted by plaintiff Indiana Rights to Life, Inc. on abortion-related issues and improperly chilled their right to speak at political functions or raise campaign funds. Under Seifert, 608 F.3d 974, Indiana's Judicial Code prohibiting personal solicitation of campaign funds, or participating in political party functions or making statements on issues that are inconsistent with impartial performance of judicial office are not unconstitutional. Moreover, plaintiffs can seek advisory opinion as to whether statements responsive to instant questionnaire violate any provisions of Indiana Judicial Code. Additionally, Indiana may properly require plaintiffs to recuse themselves whenever their prior public statements appear to commit them to reach particular result in pending action before them.