FRENCH v. JONES

No. 15-35990.

876 F.3d 1228 (2017)

Mark FRENCH, Plaintiff-Appellant, v. Blair JONES, in His Official Capacity as Chair of Montana's Judicial Standards Commission; Mike Menahan, in His Official Capacity as a Member of Montana's Judicial Standards Commission; Victor Valgenti, in His Official Capacity as a Member of Montana's Judicial Standards Commission; John Murphy, in His Official Capacity as a Member of Montana's Judicial Standards Commission; Brianne Dugan, in Her Official Capacity as a Member of Montana's Judicial Standards Commission, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed December 7, 2017.


Attorney(s) appearing for the Case

Matthew G. Monforton (argued) , Monforton Law Offices PLLC, Bozeman, Montana, for Plaintiff-Appellant.

Dale Schowengerdt (argued) , Solicitor General; Mark W. Mattioli , Assistant Attorney General; Montana Department of Justice, Helena, Montana; for Defendants-Appellees.

Elizabeth Arias (argued) , Corey Collins , and Eugene Lim , Law Students; Eugene Volokh (argued) , Supervising Attorney; Scott & Cyan Banister First Amendment Clinic, UCLA School of Law, Los Angeles, California; for Amicus Curiae Center for Competitive Politics.

Igor V. Timofeyev , Adam Weiss , and Danielle R.A. Susanj , Paul Hastings LLP, Washington, D.C.; Karl J. Sandstrom and David J. Lazarus , Perkins Coie LLP, Washington, D.C.; Keith R. Fisher , National Center for State Courts, Arlington, Virginia; for Amicus Curiae Conference of Chief Justices.

Before: Jay S. Bybee and Milan D. Smith, Jr., Circuit Judges, and Jennifer A. Dorsey, District Judge.


OPINION

Montanans select their judges through nonpartisan popular elections. In an effort to keep those elections nonpartisan, Montana has restricted judicial-campaign speech. One of those restrictions is before us — a rule that prohibits candidates from seeking, accepting, or using political endorsements in...

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