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JUDICIAL INQUIRY AND REVIEW v. BUMGARDNER

Record No. 170133.

801 S.E.2d 406 (2017)

JUDICIAL INQUIRY AND REVIEW COMMISSION, v. Rudolph BUMGARDNER, III, Senior Judge, and Humes J. Franklin, Jr., Retired Judge of the Twenty-Fifth Judicial District.

Supreme Court of Virginia.

July 20, 2017.

Attorney(s) appearing for the Case

Katherine B. Burnett , Commission Counsel, for petitioner.

Robert W. Loftin ; William G. Broaddus ( Richard Cullen ; Rebecca Gantt , Norfolk; Jonathan Urick ; McGuireWoods, on brief), Richmond, for respondents.

Amici Curiae: Former Presidents of the Virginia Bar Association ( William H. Hurd ; Stephen C. Piepgrass ; Troutman Sanders , Richmond, on brief), in support of respondents.

Amid Curiae: American Civil Liberties Union of Virginia and The Rutherford Institute ( Rodney A. Smolla , Lexington; Leslie Mehta ; John W. Whitehead ; Douglas R. McKusick , Charlottesville, on brief), in support of respondents.

PRESENT: Lemons, C.J., Goodwyn, McClanahan, Powell, Kelsey, and McCullough, JJ., and Lacy, S.J.

OPINION BY CHIEF JUSTICE DONALD W. LEMONS

The Judicial Inquiry and Review Commission (the "Commission") filed the present complaint against Rudolph Bumgardner, III, Senior Judge of the Court of Appeals ("Judge Bumgardner"), and Humes J. Franklin, Jr., Retired Judge of the Twenty-Fifth Judicial Circuit ("Judge Franklin"), pursuant to the original jurisdiction of this Court set forth in Article VI, Section 10 of the Constitution of Virginia and Code &...

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