This article reviews the facts of the Torres case, which was before the U.S. Supreme Court, in which a judge is suing the state's board of elections for violating the First Amendment's freedom of association
rights of judicial candidates.
Not exact matches
The test
of judicial fitness could hardly be put more starkly: «The issue is too important to American society — and Mr. Clinton's promise too clear — to fiddle around with
judicial candidates who don't have a forthright record
of legal and moral support for the constitutional
right to abortion.»
Unsurprisingly, the gist
of the article is that
judicial appointments in the current political climate tend to be skewed to favour
right - wing - minded
candidates.
Judicial vacancies are still a problem, but, sometimes, finding the
right candidate takes time, and ensuring diversity at the higher courts requires a pool
of candidates at the trial level.
The Comment to ABA Model Rule
of Professional Conduct 7.6 states that «lawyers have a
right to participate fully in the political process, which includes making and soliciting political contributions to
candidates for
judicial and other public office.»
For example, rules limiting
judicial campaign conduct have been attacked as unduly restrictive
of candidate's free speech
rights.
2007): An anti-abortion organization sent a questionnaire to
judicial candidates and sued, alleging that Indiana Code of Judicial Conduct violated their First Amendment rights to receive and publish protected
judicial candidates and sued, alleging that Indiana Code
of Judicial Conduct violated their First Amendment rights to receive and publish protected
Judicial Conduct violated their First Amendment
rights to receive and publish protected speech.
2872 (May 2, 2011): Following dismissal for lack
of standing, Indiana
Right to Life filed a new lawsuit joined by a
candidate for
judicial office and a sitting judge.
In a Kentucky case decided July 13, 2010, the U.S. Court
of Appeals for the Sixth Circuit held that
judicial candidates have First Amendment
rights to personally solicit campaign funds and to announce their party affiliation and receive political party endorsements.