Court grants judge candidates campaign leeway

Published 8:47 am Friday, July 30, 2010

ST. PAUL (AP) — A federal appeals court ruled Thursday that Minnesota’s restrictions on fundraising and endorsements by judicial candidates violated their free speech rights, overturning parts of the state code of judicial conduct. A sharp dissent warned that the change could threaten public trust in impartial courts.

The decision clears the way for bigger spending in what are typically sleepy judicial races at the bottom of the ballot.

In a 2-1 ruling, a panel from the 8th U.S. Circuit Court of Appeals sided with attorney Greg Wersal, a Minnesota Supreme Court candidate who has filed multiple lawsuits challenging the state’s judicial election system. The ruling reverses a lower court decision and wipes away three state judicial conduct rules that constrained judicial campaigning.

Email newsletter signup

Writing for the majority, Judge C. Arlen Bean said those rules — two dealing with fundraising restrictions and another preventing judicial candidates from endorsing each other or other candidates — impinged on candidates’ First Amendment rights. He said the state’s system of choosing judges may be imperfect, but candidates must be free to exercise those rights. He said judges can step aside in future court cases to avoid campaign-related conflicts of interest.

“As long as Minnesota chooses to elect its judges using a system of private financing, it will be faced with the concern that contributions may impair at least the appearance of a judge’s impartiality,” Beam’s ruling said.