Thomas J. SPARGO, Jane McNally and Peter Kermani, Plaintiffs-Appellees-Cross-Appellants,
v.
NEW YORK STATE COMMISSION ON JUDICIAL CONDUCT, Gerald Stern, individually and as Administrator of the State Commission on Judicial Conduct and Henry T. Berger, individually and as Chairperson of the New York State Commission on Judicial Conduct, Defendants-Appellants-Cross-Appellees.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued: September 29, 2003.
Decided: December 9, 2003.
Attorney(s) appearing for the Case
DAVID F. KUNZ, DeGraff, Foy, Kunz & Devine, LLP (George J. Szary, on the brief), Albany, NY, for Plaintiffs-Appellees-Cross-Appellants.
CAITLIN J. HALLIGAN, Solicitor General, (Eliot Spitzer, Attorney General of the State of New York, Robert H. Easton, and Edward Lindner, Assistant Solicitors General, of counsel), New York, NY, for Defendants-Appellants-Cross-Appellees.
Peter Vollmer, Vollmer & Tanck, LLP, Jericho, NY, for Amicus Curiae The Constitution Project's Courts Initiative.
Deborah Goldberg and J.J. Gass, Brennan Center for Justice at NYU School of Law, New York, NY, (Victor A. Kovner, Davis Wright Tremaine LLP, of counsel), for Amicus Curiae Brennan Center for Justice at NYU School of Law.
Alfred P. Carlton, American Bar Association, Chicago, IL, (K. Jane Fankhanel, W. Wendell Hall, and Warren S. Huang, of counsel), for Amicus Curiae American Bar Association.
Steven C. Krane, Proskauer Rose LLP, New York, NY, for Amici Curiae New York State Bar Association, Suffolk County Bar Association, and Asian American Bar Association.
Daniel Murdock and Joan Salzmann, Association of the Bar of the City of New York, New York, NY, (Scott A. Rosenberg, Kirsten E. Gillibrand, and Robert Newman, of counsel), for Amicus Curiae The Association of the Bar of the City of New York.
Before: MINER, CALABRESI, and STRAUB, Circuit Judges.
United States Court of Appeals, Second Circuit.
STRAUB, Circuit Judge.
Plaintiffs, Thomas J. Spargo ("Spargo"), an elected New York state judge, and two of his political supporters, Jane McNally ("McNally") and Peter Kermani ("Kermani"), bring First Amendment and Equal Protection challenges to three specific New York rules of judicial conduct:1 (1) 22 N.Y.C.R.R. § 100.1 — which directs judges to maintain "high standards of conduct" to preserve "the integrity and independence...
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