Section 7A (1)(b) prohibits judges and
judicial candidates from publicly endorsing or opposing candidates for public office to prevent them from abusing the prestige of judicial office to advance the interests of others.
The appellate court sent the case of Carey v. Wolnitzek back to U.S. District Judge Karen Caldwell to determine the meaning of the word «issue» in the Kentucky Supreme Court rule that prohibits
judicial candidates from saying how they will rule on «issues.»
denied, 126 S. Ct. 1165 (2006): On remand from the Supreme Court, the Eighth Circuit struck down Minnesota's political activities canons, which prohibited judges and
judicial candidates from engaging in partisan political activity but permitted them to speak at non-political party gatherings.
On April 29th, the Supreme Court issued a decision in Williams - Yulee v. Florida Bar, upholding the constitutionality of Florida's canon of judicial conduct prohibiting
judicial candidates from personally soliciting campaign contributions.
The court also held that the state's solicitation clause, which prohibited judges and
judicial candidates from personally soliciting campaign contributions (but allowed campaign committees to do so on behalf of the candidates), was unconstitutional to the extent that it prohibited candidates from signing solicitation letters and making campaign appeals before large groups.
The plaintiffs challenged eight restrictions on judicial conduct: 1) the prohibition on judicial candidates campaigning as a member of a political organization, 2) the prohibition on judicial candidates making speeches for or against political organizations or candidates, 3) the ban on judicial candidates making contributions to political causes or candidates, 4) the prohibition on
judicial candidates from publicly endorsing or opposing candidates for public office, 5) the prohibition on judges from acting as a leader or holding office in a policitical organization, 6) the prohibition on judicial candidates knowingly or recklessly making false statements during campaigns, 7) the ban on judicial candidates making misleading statements, and 8) the prohibition on candidates making pledges, promises, or committments in connection with cases, controversies, or issues that are likely to come before the court.
It also held that Minnesota may not prohibit
judicial candidates from personally soliciting campaign funds through solicitation letters or appeals to large gatherings.
The Judicial Office has launched a Judicial Mentoring Scheme to encourage
judicial candidates from certain under - represented groups.
Laws designed to prevent
judicial candidates from soliciting campaign donations frustrated the Iowa NBA's early attempts to raise funds.
State rules on judicial conduct explicitly bar judges or
judicial candidates from endorsing any other candidates for public office.
The court found that the challenged solicitation clauses only prohibited
a judicial candidate from raising funds for another campaign, not in support of his own candidacy as the plaintiff proposed to do.
The Florida Supreme Court thus publicly reprimanded Williams - Yulee for violating the Canon, notwithstanding her complaint that the Canon violates the First Amendment «in that it limits a judicial candidate's right to engage in free speech by prohibiting
a judicial candidate from directly soliciting campaign contributions.»
Employees, AFL - CIO v. Brunner, 1:10 - CV - 504, 2012 WL 6114571 (S.D. Ohio Dec. 10, 2012): A labor organization, three judicial candidates, and a political party, challenged the solicitation clauses of the Ohio Code of Judicial Conduct which prohibit
a judicial candidate from personally soliciting contributions but allow a candidate to solicit to groups of 20 or more, or through letters distributed by a candidate's committee.
Section 7A (1)(b) does not prohibit a judge or
judicial candidate from privately expressing his or her views on judicial candidates or other candidates for public office.
Not exact matches
On Thursday, May 8th VID members gathered to hear statements
from four
judicial candidates and to endorse seven State
candidates for the Democratic Primary ballot.
Judicial candidates and district leaders should be barred
from making donations to each other's campaigns.
In February 2007, he was convicted for extortion payments
from judicial candidates.
The Commission on
Judicial Nomination, which will recommend
candidates to Cuomo to replace retiring Court of Appeals Judge Beauchamp Ciparick, have extended the deadline
from Aug. 1 to Aug. 15.
Teachout suggested a commission be set up with a two - step nomination process, similar to
judicial nominations, where a representative panel provides
candidates from which the governor then selects members.
(3) Neither the Executive Committee nor the County Leader shall designate, nominate or propose any
candidate for
judicial offices which are to be elected county - wide in New York County, or which are to be proposed for appointment by the Mayor of the City of New York or by the Governor of the State of New York, exclusive of recommendations for interim appointment by the Mayor or the Governor, unless such
candidate shall have been approved in that calendar year for such office by the independent panel., except that once a
candidate for the office of Justice of the Supreme Court has been reported as highly qualified by at least two of the last four independent screening panels for that office, that
candidate shall be considered as having been approved by the panel for such office during each of the four calendar years after the year in which the
candidate shall have last achieved such status, (not counting a year in which there are no vacancies for the office of Justice of the Supreme Court other than a vacancy resulting
from the expiration of the term of office of a justice eligible for and seeking re-election to that office, or a vacancy which has been filled by an interim Supreme Court justice seeking re-election who has been appointed by the Governor and who satisfies the requirements of sub-paragraph 4 (b), provided in each case that such justice has been determined by the independent panel to merit continuation in office), and such
candidate shall not make application to the panel during any of such years unless the Committee on the Judiciary shall require the
candidate to make such an application.
The laws that govern
judicial campaigns and the behavior of
candidates stipulate that a
candidate may withdraw
from a race for only three reasons: death, departure (moving out of the district) or nomination for another
judicial office.
Wendy Long, a
judicial activist and attorney
from Manhattan, as the Conservative Party's support, which is considered essential for a statewide Republican
candidate.
In the case of the Supreme Court vacancy, the
Judicial Delegates, also elected by Democratic voters in the Primary, then vote for the Democratic nominee from among the qualified candidates at a judicial con
Judicial Delegates, also elected by Democratic voters in the Primary, then vote for the Democratic nominee
from among the qualified
candidates at a
judicial con
judicial convention.
«I think these
candidates need to be much more specific in terms of the plan for the way forward,» said Lazio, who gave his remarks on the final day for receiving a
judicial nomination by the Bronx Republican Party, which he has to accept in order to be removed
from the Conservative line under New York's arcane ballot laws.
Past a certain point, there are only three ways to remove a
candidate from the ballot: Death, relocation out of state and
judicial nomination.
March 19, 2018: Judge Christi Kennedy, a visiting Republican judge
from Smith County, categorically rejected a lawsuit by the Dallas County Republican Party and GOP
judicial candidate Michael Lee which sought to knock incumbent Democratic Judge Staci Williams off the ballot today as a result of alleged deficiencies in her nominating papers.
Voters in the 3rd
Judicial District will choose a new justice this year
from a field of three
candidates who bring varied and considerable experience to the race.
March 19, 2018: Judge Christi Kennedy, a visiting Republican judge
from Smith County, categorically rejected a lawsuit by the Dallas County Republican Party and GOP
judicial candidate Michael Lee which sought to knock incumbent Democratic Judge Staci Williams off the ballot today as a result of alleged deficiencies in her...
Part of the reason support for Ling - Cohan was so fervent is because the vaunted panel review process was so flawed and anonymous attacks on her in the press were so vicious, starting in the New York Post but repeated uncritically by other outlets, requoting the Post «source» — allegedly
from the panel but possibly a self - interested operative for another
judicial candidate — who called her «slow» and «lazy,» when even a cursory check of court records shows her output to be above average.
New Queens Democrats, which in several months has modestly grown to nearly two dozen members, is now focused on supporting other progressives who want to run for county committee, a massive body of representatives
from each election district that meets biennially, but has few concrete powers aside
from helping to select
candidates for special elections and nominating
judicial candidates.
In the one
judicial race on Staten Island the sole
candidate — Acting Judge Joseph J. Maltese — has support
from the Democratic, Republican, Conservative and Independence parties.
Section 100.5 of the New York State Advisory Committee on
Judicial Ethics Handbook states that a judge or candidate for elective judicial office will refrain from inappropriate political activity: engaging in any partisan political activity including making a contribution to a political organization or candidate and / or purchasing tickets for politically sponsored dinners or other functions, including any such function for a non-political
Judicial Ethics Handbook states that a judge or
candidate for elective
judicial office will refrain from inappropriate political activity: engaging in any partisan political activity including making a contribution to a political organization or candidate and / or purchasing tickets for politically sponsored dinners or other functions, including any such function for a non-political
judicial office will refrain
from inappropriate political activity: engaging in any partisan political activity including making a contribution to a political organization or
candidate and / or purchasing tickets for politically sponsored dinners or other functions, including any such function for a non-political purpose.
There were also deals, or near deals, to bar campaign donations
from those seeking state contracts, create a public campaign financing system for state Supreme Court
judicial candidates, and require state lawmakers to seek a formal opinion on whether their outside income represents conflicts of interest.
Florida has a commission - based
judicial appointment process wherein the governor appoints all members of the nominating commissions, with some of the governor's appointees come
from candidate lists submitted by the Florida Bar.
Baroness Usha Prashar, who chairs the
Judicial Appointments Commission, said she welcomed applications
from good
candidates whatever their legal background.
If the next appointment does come
from Saskatchewan, two of the potential
judicial candidates include Chief Justice of Saskatchewan Robert Richards and Appeal Court Justice Georgina Jackson.
Arizona's house of representatives passed a bill that would increase
from three to five the minimum number of
candidates a nominating commission sends to the governor for each
judicial vacancy.
For initial terms all
judicial vacancies are filled by the governor
from a list of
candidates recommended by a
judicial nominating commission.
«A
candidate taking a political position in the course of a campaign is different
from the role of a judge making a ruling in the
judicial process,» said White House spokeswoman Dana Perino.»
In 2013, the legislature repealed the state's renowned public financing program for
judicial candidates, leaving would - be judges to raise contributions
from wealthy campaign donors.
The proposed reform would amend Nevada law to provide for the appointment of judges by the Governor
from a list of
candidates selected by the
Judicial Selection Commission, followed by retention elections whereby the electorate can choose to retain or remove those judges.
Justices are appointed by the governor
from a list of well - qualified
candidates prepared by the
Judicial Nominating Board and are confirmed by the Senate for six - year terms.
Aug. 6, 2002): Canon 5 (1) of the Texas Code of
Judicial Conduct prohibited candidates from making «statements that indicate an opinion on any issue that may be subject to judicial interpretation by the office which is being sought
Judicial Conduct prohibited
candidates from making «statements that indicate an opinion on any issue that may be subject to
judicial interpretation by the office which is being sought
judicial interpretation by the office which is being sought.»
Both gubernatorial
candidates oppose Amendment 3, a proposed constitutional amendment that would allow governors to appoint a majority of the members of the appellate
judicial commission and give governors four nominees, rather than three, to choose
from in appointing appellate judges.
Republican Party of Minnesota v. White, 536 U.S. 765 (2002): In this case, the Supreme Court ruled that the «announce» clause, a provision of Minnesota's Code of
Judicial Conduct that prohibits a candidate for judicial office from discussing his or her views on a political issue violates the First Am
Judicial Conduct that prohibits a
candidate for
judicial office from discussing his or her views on a political issue violates the First Am
judicial office
from discussing his or her views on a political issue violates the First Amendment.
The court also found that a provision of the Wisconsin Code that prohibited
candidates from announcing their views on disputed legal issues in responses to
judicial questionnaires was unconstitutional as applied to
candidates who, based on the provision, refused to respond to a questionnaire.
In Defense of Florida's Flat Ban on the Personal Solicitation of Campaign Contributions
From Attorneys by
Candidates for
Judicial Office PDF · Burt Neuborne · 68 Vand.
That interest is threatened when a
judicial candidate receives significant campaign support
from individuals or corporations with interests in pending or future litigation.
2011): On remand
from the Ninth Circuit, the district court considered the merits of the
candidate's claims regarding the solicitation, endorsement, and political activities clauses of the Arizona Code of
Judicial Conduct.
While
judicial elections in which the governor nominates and the legislature approves
candidates provides for clearer accountability, they do nothing to remove the politics
from judicial selection.