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FISCHER v. THOMAS

No. 22-5938.

52 F.4th 303 (2022)

Joseph FISCHER; Fischer For Supreme Court Committee; Robert A. Winter, Jr., Plaintiffs-Appellants, v. Honorable Karen A. THOMAS, as Member, Judicial Conduct Commission, Honorable R. Michael Sullivan, as Member, Judicial Conduct Commission, Honorable Eddy Coleman, as Member, Judicial Conduct Commission, Jeff S. Taylor, as Member, Judicial Conduct Commission, Honorable Joe E. Ellis, as Member, Judicial Conduct Commission, Honorable Janet Lively McCauley, as Member, Judicial Conduct Commission, Jimmy Shaffer, as Executive Secretary, Judicial Conduct Commission, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 28, 2022.

Attorney(s) appearing for the Case

ON EMERGENCY MOTION FOR INJUNCTION PENDING APPEAL and REPLY: Christopher Wiest , CHRIS WIEST, ATTY AT LAW, PLLC, Crestview Hills, Kentucky, Thomas B. Bruns , BRUNS, CONNELL, VOLLMAR & ARMSTRONG, LLC, Cincinnati, Ohio, Zach Gottesman , ZACH GOTTESMAN LAW, Cincinnati, Ohio, for Appellants. ON RESPONSE: Jeffrey C. Mando , Olivia F. Amlung , ADAMS LAW, PLLC, Covington, Kentucky, for Appellees.

The court issued a PER CURIAM order. GRIFFIN, J. (pp. 313-15), delivered a separate dissenting opinion.

ORDER

The Kentucky Judicial Conduct Commission received complaints that two judicial candidates were engaging in campaign speech that violated the Code of Judicial Conduct. The Commission responded by initiating an investigation. The candidates sued, seeking injunctive relief under...

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