KANSAS JUDICIAL REVIEW v. STOUT

No. 06-3290.

562 F.3d 1240 (2009)

KANSAS JUDICIAL REVIEW; the Honorable Charles M. Hart; the Honorable Robb Rumsey, Plaintiffs-Appellees, v. Mikel L. STOUT, in his official capacity as a Member of the Kansas Commission on Judicial Qualifications; Jennifer L. Jones, in her official capacity as a Member of the Kansas Commission on Judicial Qualifications; Nancy Anstaett, in her official capacity as a Member of the Kansas Commission on Judicial Qualifications; Patrick Brazil, in his official capacity as a Member of the Kansas Commission on Judicial Qualifications; Theodore B. Ice, in his official capacity as a Member of the Kansas Commission on Judicial Qualifications; Christina Pannbacker, in her official capacity as a Member of the Kansas Commission on Judicial Qualifications; William B. Swearer, in his official capacity as a Member of the Kansas Commission on Judicial Qualifications; Carolyn Tillotson, in her official capacity as a Member of the Kansas Commission on Judicial Qualifications; Robert Fleming, in his official capacity as a Member of the Kansas Commission on Judicial Qualifications; Bruce Buchanan, in his official capacity as a Member of the Kansas Commission on Judicial Qualifications; Mary Davidson Cohen, in her official capacity as a Member of the Kansas Commission on Judicial Qualifications; David J. King, in his official capacity as a Member of the Kansas Commission on Judicial Qualifications; Jeffery A. Mason, in his official capacity as a Member of the Kansas Commission on Judicial Qualifications; Thomas L. Toepfer, in his official capacity as a Member of the Kansas Commission on Judicial Qualifications; Edward G. Collister, Jr., in his official capacity as Commission Examiner for the Kansas Commission on Judicial Qualifications; Stanton A. Hazlett, in his official capacity as Disciplinary Administrator; Frank D. Diehl, in his official capacity as Deputy Disciplinary Administrator; Alexander M. Walczak, in his official capacity as Deputy Disciplinary Administrator; Kimberly L. Knoll, in her official capacity as Deputy Disciplinary Administrator; Gayle B. Larkin, in her official capacity as Admissions Attorney, Defendants-Appellants. Association of Judicial Disciplinary Counsel; National Ad Hoc Advisory Committee on Judicial Campaign Conduct; Columbus Bar Association; Dade County Bar Association; King County Bar Association; Georgia Committee for Ethical Judicial Campaigns; South Dakota's Special Committee on Judicial Election Campaign Intervention; Conference of Chief Justices; Conocophillips, Emerson; General Electric Company; General Mills, Inc.; General Motors Corporation; Halliburton Company; JP Morgan Chase & Co.; Motorola, Inc; Pepsico; Phelps Dodge Corporation; Texas Instruments Incorporated; Time Warner Inc.; Wyeth; The Brennan Center for Justice at New York University Law School, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

April 17, 2009.


Attorney(s) appearing for the Case

George T. Patton, Jr. (Marisol Sanchez, Washington, D.C.; and Stephen O. Phillips, Assistant Attorney General, Topeka, KS, with him on the briefs), Bose McKinney & Evans LLP, Washington, D.C., for the Defendants-Appellants.

James Bopp, Jr. (Thomas J. Marzen, Anita Y. Wondenberg, and Josiah Neeley, with him on the briefs), Bopp, Coleson & Bostrom, Terre Haute, IN, for the Plaintiffs-Appellees.

Before LUCERO, EBEL, and HOLMES, Circuit Judges.


LUCERO, Circuit Judge.

Until March 1, 2009, the Kansas Code of Judicial Conduct ("Code") prohibited candidates for state judicial office from making certain kinds of pledges and commitments and from personally soliciting support for their campaigns. Kansas Judicial Review ("KJR"), the Honorable Charles M. Hart, and the Honorable Robb Rumsey obtained a preliminary injunction from the District Court for the District of Kansas...

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