Status of Federal Litigation Challenging Rule 4.4(A) of the Code of Judicial Conduct
On July 29, 2010, a law suit was filed in the United States District Court for the Southern District of Ohio challenging the constitutionality of Rules 4.2 (advertising party affiliation) and 4.4 (solicitation and receipt of campaign contributions) of the Ohio Code of Judicial Conduct. Ohio Council 8 AFSCME, et al. v. Brunner, et al., Case No. 1:10-cv-00504.
Following the Supreme Court’s Aug. 12, 2010 amendments to the Code of Judicial Conduct, plaintiffs dropped their challenge to Rule 4.2 and continued to prosecute their claim that the amended solicitation provisions of Rule 4.4(A) were unconstitutional. A hearing was conducted on Aug. 13, 2010 regarding plaintiffs’ motion for a temporary restraining order and preliminary injunction.
On Aug. 19, 2010, Judge Susan Dlott issued an order denying plaintiffs’ motion. On Aug. 20, 2010, plaintiffs indicated they would not appeal that portion of the district court’s order that declined to enjoin enforcement of the amended version of Rule 4.4(A).
Please check this site for updates regarding the status of the federal litigation.