[EL] AZ judicial candidate speech case

Sat May 10 04:42:32 PDT 2014

I have also always thought that Justice O'Connor's concurrence was one of  
the best examples of a judge fulfilling her obligation to set aside her  
personal policy preferences and follow the law. 

Wolfson is also my case.  Jim

In a message dated 5/9/2014 4:11:15 P.M. Eastern Daylight Time,  
dhmcarver at gmail.com writes:

Justice O'Connor's brilliant concurrence in Republican  Party of Minnesota 
v. White (2002) -- a case Jim Bopp knows well --  stated that if you want to 
have elected judges, you are going to have to deal  with the mess it 
creates. I have been fascinated to see that of all of the  high profile issues 
with which she dealt while a Justice, it has been the  problems inherent in 
electing judges that has been her post-SCOTUS cause.  

Douglas Carver
Albuquerque, NM

On Fri, May 9, 2014 at 1:15 PM, Rick Hasen <_rhasen at law.uci.edu_ 
(mailto:rhasen at law.uci.edu) > wrote:

_Ninth  Circuit Issues Split Decision on AZ Judicial Candidate Speech Code_ 
(http://electionlawblog.org/?p=61384)   

Posted on _May 9, 2014 12:11 pm_ (http://electionlawblog.org/?p=61384)  by  
_Rick  Hasen_ (http://electionlawblog.org/?author=3)  

_Via Mike Sacks_ 
(https://twitter.com/MikeSacksEsq/status/464826256606134272)  comes news of this _new  decision_ (http://t.co/1C4ZsGw7PO) . Majority 
by Judge Paez; concurrence by Judge Berzon, and  dissent by Judge Tallman. 
The majority opinion begins: 
A state sets itself on a collision course with the First Amendment when  it 
chooses to popularly elect its judges but restricts a candidate’s  campaign 
speech. The conflict arises from the fundamental tension between  the ideal 
of apolitical judicial independence and the critical nature of  unfettered 
speech in the electoral political process. Here we must decide  whether 
several provisions in the Arizona Code of Judicial Conduct  restricting judicial 
candidate speech run afoul of First Amendment  protections. Because we are 
concerned with content-based restrictions on  electioneering-related speech, 
those protections are at their apex.  Arizona, like
every other state, has a compelling interest in the  reality and appearance 
of an impartial judiciary, but speech restrictions  must be narrowly 
tailored to serve that interest. We hold that several  provisions of the Arizona 
Code of Judicial Conduct
unconstitutionally  restrict the speech of non-judge candidates because the 
restrictions are  not sufficiently narrowly tailored to survive strict 
scrutiny.  Accordingly, we reverse the district court’s grant of summary 
judgment in  favor of Defendants.
_Mike asks_ (https://twitter.com/MikeSacksEsq/status/464828286254592000)  
the important question: “So…what happens when a  sitting judge running for a 
judgeship complains his non-judge opponent has a  campaign advantage?” 

(http://www.addtoany.com/share_save#url=http://electionlawblog.org/?p=61384&title=Ninth%20Circuit%20Issues%20Split%20Decision%20on%20AZ%20Judicial%20Ca
ndidate%20Speech%20Code&description=) 

Posted in _campaigns_ (http://electionlawblog.org/?cat=59) , _judicial 
elections_ (http://electionlawblog.org/?cat=19)   
-- 

Rick Hasen

Chancellor's Professor of Law and Political Science

UC Irvine School of Law

401 E. Peltason Dr., Suite 1000

Irvine, CA 92697-8000

_949.824.3072_ (tel:949.824.3072)  - office

_949.824.0495_ (tel:949.824.0495)  - fax

_rhasen at law.uci.edu_ (mailto:rhasen at law.uci.edu) 

http://www.law.uci.edu/faculty/full-time/hasen/

_http://electionlawblog.org_ (http://electionlawblog.org/) 

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-- the last words of Saint Pope Gregory VII (d.  1085)  

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