« Environment - Coal ash is an issue again, this time in Marion County | Main | Law - Statutory construction in the news »

Wednesday, October 06, 2004

Law - More on running for judge

Last Saturday we posted this entry on "Running for judge in Kentucky and Indiana," quoting from a Louisville Courier-Journal story detailing how conservative groups were going to federal court in Indiana and Kentucky challenging judicial codes of conduct that "judicial candidates shall not make pledges or promises other than to perform their duties impartially, and that they shall not make statements 'that commit or appear to commit the candidate with respect to cases, controversies or issues that are likely to come before the court.'"

Yesterday an AP story in the Bismark ND Tribune, headlined "Group challenging judicial speech restrictions," reported:

A group that wants North Dakota judge candidates to answer questions about abortion, homosexuality and school prayer is suing to block judicial conduct rules that it says prevent the candidates from replying.

The North Dakota Family Alliance filed the lawsuit in U.S. District Court in Fargo, its director, Christine Rondeau, said Monday. The group contends some of North Dakota's judicial conduct rules are unconstitutional because they infringe on the free-speech rights of judges and attorneys who are running for judgeships.

The lawsuit names 34 defendants, including members of North Dakota's Judicial Conduct Commission and the state Bar Association's inquiry committee, which investigates alleged infractions of rules that govern the conduct of lawyers. * * *

The lawsuit is being handled by a Terre Haute, Indiana, law firm that successfully represented the Minnesota Republican Party two years ago in a U.S. Supreme Court dispute over judicial speech. The high court's ruling in the case, called Republican Party v. White, gave candidates for judicial office more leeway to discuss issues during campaigns.

An attorney in the Minnesota case, James Bopp Jr., said North Dakota did not change its judicial conduct rules in response to the Supreme Court's decision. As a result, judge candidates could be disciplined for making statements that the high court's ruling allows, Bopp said.

Access the case referenced, Republican Party of Minnesota v. White (6/27/02), here.

Posted by Marcia Oddi on October 6, 2004 07:34 AM
Posted to General Law Related