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- Title
THE CONSTITUTIONALITY OF THE 2003 REVISIONS TO CANON 3(E) OF THE MODEL CODE OF JUDICIAL CONDUCT.
- Authors
Medina, Matthew J.
- Abstract
In response to the United States Supreme Court's decision in Republican Party of Minnesota v. White, the American Bar Association (ABA) revised provisions of its Model Code of Judicial Conduct that restrict the campaign speech of candidates for judicial office. Concurrently, the ABA took the additional step of revising its rule requiring disqualification of a judge whose impartiality might reasonably be questioned to include situations where, as a candidate, a judge has made statements committing or appearing to commit her with respect to an issue or controversy in a case. This Note examines the constitutionality of the ABA's revised disqualification rule in light of White, concluding that the rule is unlikely to survive strict scrutiny. The Note then examines a similar provision in the Texas Code of Judicial Conduct, concluding that it is a constitutionally acceptable substitute for the ABA's revised rule.
- Subjects
UNITED States; POLITICAL parties; CAMPAIGN speeches; POLITICAL science; JUDICIAL power; UNITED States. Supreme Court; JUDICIAL speech
- Publication
Columbia Law Review, 2004, Vol 104, Issue 4, p1072
- ISSN
0010-1958
- Publication type
Article
- DOI
10.2307/4099368