10:05 a.m. Draft Amendments to Canon 5, Canon 3B, Canon 3E, and Terminology Section of the Code of Judicial Conduct - Attachment C (December 9, 2005)
Brief overview of draft amendments as
possible response to court decisions affecting judicial election activity. Note: The draft amendments to
Canon 3B, Canon 3E, and the Terminology Section are relevant only to the Alternative 2 amendments in Canon 5. Note also: ABA Joint Commission Canon 5 Comment language in Attachment D (December 9, 2005)
Comparative review of ABA amendments to the Model Code of
Judicial Conduct in response to Republican Party of Minnesota v.
White (earlier U.S. Supreme Court opinion)
Second review of court decisions : North Dakota Family Alliance v.
Bader, 361 F. Supp. 2d 1021 (D.N.D. 2005) (invalidating "pledges and promises" and "commit" clauses) and Republican Party of Minnesota v. White, 416 F.3d 738 (8th Cir. 2005)
(invalidating Minnesota restrictions on political party endorsements, attending political gatherings, identification as member of political organization, and personal solicitation of campaign
Committee discussion regarding scope and impact of court decisions and whether Canon 5-related draft amendments, based on ABA language, are an appropriate response
Committee discussion of 8th Circuit opinion regarding political activity and solicitation
2:00 p.m. Adjourn
Next Meeting (if necessary): Friday, January 13, Bismarck