BAUGH v. JUDICIAL INQUIRY AND REVIEW COM'N (JIRC)

No. 89-2965.

907 F.2d 440 (1990)

David P. BAUGH; Dane Hess vonBreichenruchart, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. JUDICIAL INQUIRY AND REVIEW COMMISSION, ("JIRC"), Commonwealth of Virginia; Reno S. Harp, III, Counsel, Judicial Inquiry and Review Commission, in his official capacity; David T. Petty, Jr., Chair, Judicial Inquiry and Review Commission, in his official capacity; William Shore Robertson, Vice Chair, Judicial Inquiry and Review Commission, in his official capacity; Stuart Shumate, Member, Judicial Inquiry and Review Commission, in his official capacity; B.M. Millner, Member, Judicial Inquiry and Review Commission, in his official capacity; E. Preston Grissom, Member, Judicial Inquiry and Review Commission, in his official capacity; Phyllis E. Galanti, Member, Judicial Inquiry and Review Commission, in her official capacity; Frederick H. Combs, Member, Judicial Inquiry and Review Commission, in his official capacity, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided July 2, 1990.


Attorney(s) appearing for the Case

Rodney Alan Smolla (argued), Marshall-Wythe School of Law, College of William & Mary, Williamsburg, Va. (Gerald T. Zerkin, Karen L. Ely-Pierce, Frank M. Feibelman, Gerald T. Zerkin & Associates, Richmond, Va., on brief), for plaintiffs-appellants.

William Gray Broaddus, McGuire, Woods, Battle & Boothe, Richmond, Va. (Grace R. den Hartog, Scott C. Oostdyk, on brief), for defendants-appellees.

Before WIDENER and WILKINS, Circuit Judges, and KELLAM, Senior United States District Judge for the Eastern District of Virginia, sitting by designation.


WILKINS, Circuit Judge:

David P. Baugh and Dane Hess vonBreichenruchart appeal the order of the district court dismissing their complaint against the Judicial Inquiry and Review Commission (Commission), its counsel in his official capacity, and the seven individual Commission members in their official capacities. Baugh and vonBreichenruchart allege that Virginia Code section 2.1-37.13 (1987) violates their constitutional...

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