Subject: new 8th Circuit case on judicial elections,
From: "Rick Hasen" <Rick.Hasen@lls.edu>
Date: 5/4/2001, 11:41 AM
To: "election-law@majordomo.lls.edu" <election-law@majordomo.lls.edu>

The Eighth Circuit recently decided Republican Party v.
Lazarus, apparently upholding a Minnesota provision barring,
anong other things, contacts between judges running for
election and political party officials..  The court's
summary reads:

Canon 5 of the Minnesota Code of Judicial Conduct which
restricts
 candidates for judicial office from certain partisan
political activities regarding their candidacies and
campaign efforts is constitutional; provision of the canon
restricting candidates' abilities to announce their views on
disputed legal and political issues, which could be
unconstitutional if   broadly read, could be narrowly
construed to uphold its constitutionality, and the district
court did not err in concluding that the Minnesota Supreme
Court would narrowly construe the provision; dissent by
Judge C. Arlen Beam.

I have not yet read the opinion, which may be accessed at
the following url:
http://www.ca8.uscourts.gov/opndir/01/04/994021P.pdf


--
Rick Hasen
Professor of Law and William M. Rains Fellow
Loyola Law School
919 South Albany Street
Los Angeles, CA  90015-1211
(213)736-1466 - voice
(213)380-3769 - fax
rick.hasen@lls.edu