July 14, 2010

Sixth Circuit Strikes Down Two Judicial Elections Canons, and Expresses Doubts about a Third One

The Sixth Circuit in Carey v. Wolnitzek has struck down Kentucky's ban on judicial candidates publicly announcing their party affiliations and its ban on the personal solicitation of campaign contributions. It has remanded for clarification on the reach of the "commit" canon, a decision from which one of the three judges on the panel dissented.

Though the Carey court tries to distinguish the recent Seventh Circuit Siefert case on the solicitation question, it appears to me that these opinions are in conflict, making this issue a more likely candidate for Supreme Court review.

Posted by Rick Hasen at July 14, 2010 10:13 AM