Federal judge slaps down ethics panel slap down
Federal Judge Roger Hunt agrees. The part of Nevada Judicial Canon 4 that prohibits misleading campaign statements by judge candidates is unconstitutionally vague.
In a ruling late last night Hunt granted judge candidate Joanna Kishner a temporary restraining order against the state Standing Committee on Judicial Ethics and Election Practices, ordering it to rescind and withdraw its censure decision and remove the censure from its website.
Hunt wrote, "The Court finds that the Rule and Comments are in fact vague because a judicial candidate cannot objectively ascertain what additional facts must be included to avoid a ‘materially misleading statement.’ As for overbreadth, the Rule regulates substantially more speech than is constitutionally permissible."
For details of the case read yesterday’s blog, our editorial and the news story.