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MORIAL v. JUDICIARY COM'N OF STATE OF LA.

No. 77-1491.

565 F.2d 295 (1977)

Ernest N. MORIAL et al., Plaintiffs-Appellees, v. JUDICIARY COMMISSION OF the STATE OF LOUISIANA et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

December 13, 1977.

Attorney(s) appearing for the Case

Donald Ensenat, Ronald Davis, Staff Atty., M. Truman Woodward, Jr., W. Richard House, Jr., New Orleans, La., for defendants-appellants.

R. James Kellogg, David Marcello, New Orleans, La., for amicus curiae.

Allan Ashman, Asst. Exec. Director, American Judicature Society, Chicago, Ill., for amicus curiae.

Trevor G. Bryan, William J. Jefferson, Sidney M. Bach, New Orleans, La., for plaintiffs-appellees.

Before BROWN, Chief Judge, THORNBERRY, COLEMAN, GOLDBERG, AINSWORTH, GODBOLD, MORGAN, CLARK, RONEY, GEE, TJOFLAT, HILL, FAY and RUBIN, Circuit Judges.

GOLDBERG, Circuit Judge:

In this appeal, we are asked to rule upon the constitutionality of a Louisiana statute and canon of judicial ethics which have the effect of requiring a judge to resign his seat on the bench in order to run for elective non-judicial office. The issue is one which implicates important interests in political participation and equally important ones in the impartial administration of justice. Upon full consideration of the very difficult and...

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