LOADED QUESTIONNAIRES?

LOADED QUESTIONNAIRES? Judicial Candidates Advised to Be Wary of Answers Inviting Suits Challenging Canons

Source: ABA Journal Report

Author: Terry Carter

Three Florida Supreme Court justices who are up for retention election this fall recently received a Christian group’s questionnaire on issues important to that group, including opposition to abortion and same-sex marriage.

The judges, through the court spokesman in a letter dated Aug. 22, declined to answer, noting that doing so “could be interpreted as a position on an issue that may come before the judge.”

Then came the lawsuit, filed in federal court six days later by the Florida Family Policy Council. It claims sections of the state Code of Judicial Conduct are unconstitutional insofar as they are being used to prohibit judicial candidates from expressing their views on important issues. Florida Family Policy Council v. Freeman, No. 4:06CR395 (N.D. Fla.).

Read more: http://www.abanet.org/journal/ereport/s8canon.html