BUCKLEY v. ILLINOIS JUDICIAL INQUIRY BD.

Nos. 91 C 7635, 92 C 1889.

801 F.Supp. 83 (1992)

The Hon. Robert C. BUCKLEY, and the Illinois Judges Association, intervenor, Plaintiffs, v. The ILLINOIS JUDICIAL INQUIRY BOARD, and its members, not individually, but in their capacity as members of the Board, namely, Tyrone C. Fahner, Joel D. Gingis, the Honorable Harold L. Jensen, Joyce E. Moran, Patrick F. Mudron, William A. O'Connor, Frances K. Zemans, Mary Sue Hub; and Ray F. Breen, not individually, but as Executive Director of the Illinois Judicial Inquiry Board; and the Illinois Courts Commission, and William Madden, not individually, but in his capacity as Secretary of the Illinois Courts Commission, Defendants. Anthony L. YOUNG, Plaintiff, v. James Harold BANDY, John P. Clarke, Eldridge T. Freeman, Jr., David M. Hartigan, Watts C. Johnson, and Carole R. Nolan, in their official capacities as members of the Attorney Registration and Disciplinary Commission; Tyrone C. Fahner, Joel D. Gingis, the Honorable Harold L. Jensen, Joyce E. Moran, Patrick F. Mudron, William A. O'Connor, Frances K. Zemans, and Mary Sue Hub, in their official capacities as members of the Judicial Inquiry Board; and Ray F. Breen, in his official capacity as the Executive Director of the Judicial Inquiry Board, Defendants.

United States District Court, N.D. Illinois, E.D.

August 20, 1992.


Attorney(s) appearing for the Case

William J. Harte, David J. Walker, Stephen L. Garcia, William J. Harte, Ltd., Chicago, Ill., for plaintiff Robert C. Buckley.

Candace Jean Fabri, John H. Ehrlich, Sachnoff & Weaver, Ltd., Chicago, Ill., for defendant Ill. Judicial Inquiry Bd.

Thomas A. Ioppolo, Ill. Atty. Gen. Office, Candace Jean Fabri, John H. Ehrlich, Sachnoff & Weaver, Ltd., Chicago, Ill., for defendant Ill. Courts Com'n.

Jane M. Whicher, Harvey Michael Grossman, Roger Baldwin Foundation of ACLU, Inc., Chicago, Ill., for plaintiff Anthony L. Young.

James John Grogan, James Scott Renfroe, Ill. Atty. Registration & Disciplinary Com'n, Chicago, Ill., for defendants James Harold Bandy, John P. Clarke, Eldridge T. Freeman, Jr., David M. Hartigan, Watts C. Johnson, and Carole R. Nolan.


MEMORANDUM OPINION AND ORDER

ALESIA, District Judge.

These cases were filed by two candidates for judicial office in the State of Illinois. The cases were consolidated because both plaintiffs challenge the constitutionality of Rule 67(B)(1)(c) ("Rule 67(B)(1)(c)" or the "Rule") of the Illinois Code of Judicial Conduct (the "Code"). ILL.REV.STAT. ch. 110A, ¶ 67(B)(1)(c).1 Plaintiff Robert C. Buckley ("Justice Buckley") is...

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