YOST v. STOUT

No. 09-3099.

607 F.3d 1239 (2010)

Erick R. YOST, Plaintiff-Appellant, v. Mikel L. STOUT; Jennifer L. Jones; Nancy Anstaett; Patrick Brazil; Theodore B. Ice; Christina Pannbacker; William B. Swearer; Carolyn Tillotson; Robert Fleming; Bruce Buchanan; Mary Davidson Cohen; Robert A. Creighton; David J. King; and Lawrence E. Sheppard, in their official capacities as Members 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, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

June 8, 2010.


Attorney(s) appearing for the Case

Submitted on the briefs:* Austin K. Vincent, Topeka, KS; James Bopp, Jr., Josiah Neeley, and Anita Y. Woudenberg, of Bopp, Coleson & Bostrom, Terre Haute, IN, for Plaintiff-Appellant.

Stephen O. Phillips, Assistant Attorney General, Topeka, KS; George T. Patton, Jr., and Marisol Sanchez, of Bose McKinney & Evans LLP, Indianapolis, IN, for Defendants-Appellees.

Before LUCERO, HOLLOWAY, and HOLMES, Circuit Judges.


HOLMES, Circuit Judge.

Plaintiff-Appellant Erick R. Yost appeals from the district court's adverse judgment on his 42 U.S.C. § 1983 challenge to the "endorsement clause" of the Kansas Code of Judicial Conduct that generally prohibits a judge or judicial candidate from publicly endorsing or opposing another candidate for public office. We sought additional briefing from the parties on whether the notice of appeal in this matter was timely filed. We conclude that...

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