REPUBLICAN PARTY OF MINNESOTA v. KELLY

Nos. 99-4021, 99-4025 and 99-4029.

247 F.3d 854 (2001)

REPUBLICAN PARTY OF MINNESOTA, an association; Indian Asian American Republicans of Minnesota, an association; Republican Seniors, an association; Young Republican League of Minnesota, a Minnesota nonprofit corporation; Minnesota College Republicans, an association, Plaintiffs — Appellants, Gregory F. Wersal, individually, Plaintiff, Cheryl L. Wersal, individually; Mark E. Wersal, individually; Corwin C. Hulbert, individually, Plaintiffs-Appellants, Campaign for Justice, an association, Plaintiff, Minnesota African American Republic Council, an association, Plaintiff — Appellant, Muslim Republicans, an association; Michael Maxim, individually; Kevin J. Kolosky, individually, Plaintiffs, v. Verna KELLY, in her capacity as Chairperson of the Minnesota Board of Judicial Standards, or her successor, Defendant, Barry M. Lazarus, in his capacity as Chairperson of the Minnesota Board of Judicial Standards, or his successor; Edward J. Cleary, in his capacity as director of the Minnesota Office of Lawyers Professional Responsibility, or his successor; Charles E. Lundberg, in his capacity as Chair of the Minnesota Lawyers Professional Responsibility Board, or his successor, Defendants — Appellees, Minnesota Civil Liberties Union, Amicus on Behalf of Appellants, The Minnesota State Bar Association, Amicus on Behalf of Appellee. Republican Party of Minnesota, an association; Indian Asian American Republicans of Minnesota, as association; Republican Seniors, an association; Young Republican League of Minnesota, a Minnesota nonprofit corporation; Minnesota College Republicans, an association; Minnesota African American Republic Council, an association; Cheryl L. Wersal, individually; Mark E. Wersal, individually; Corwin C. Hulbert, individually; Gregory F. Wersal, individually; Campaign for Justice, an association; Muslim Republicans, an association, Plaintiffs, Michael Maxim, individually, Plaintiff — Appellant, Kevin J. Kolosky, individually, Plaintiff, v. Verna Kelly, in her capacity as Chairperson of the Minnesota Board of Judicial Standards, or her successor, Defendant, Barry M. Lazarus, in his capacity as Chairperson of the Minnesota Board of Judicial Standards, or his successor; Edward J. Cleary, in his capacity as director of the Minnesota Office of Lawyers Professional Responsibility, or his successor; Edward J. Cleary, in his capacity as Director of the Minnesota Office of Lawyers Professional Responsibility, or his successor; Charles E. Lundberg, in his capacity as Chair of the Minnesota Lawyers Professional Responsibility Board, or his successor, Defendants — Appellees, The Minnesota State Bar Association, Amicus on Behalf of Appellee. Republican Party of Minnesota, an association; Indian Asian American Republicans of Minnesota, an association; Republican Seniors, an association; Young Republican League of Minnesota, a Minnesota nonprofit corporation; Minnesota College Republicans, an association, Plaintiffs, Gregory F. Wersal, individually, Plaintiff-Appellant, Cheryl L. Wersal, individually; Mark E. Wersal, individually; Corwin C. Hulbert, individually; Plaintiffs, Campaign for Justice, an association; Plaintiff — Appellant, Minnesota African American Republic Council, an association; Muslim Republicans, an association; Michael Maxim, individually; Plaintiffs, Kevin J. Kolosky, individually, Plaintiff — Appellant, v. Verna Kelly, in her capacity as Chairperson of the Minnesota Board of Judicial Standards, or her successor; Defendant, Barry M. Lazarus, in his capacity as Chairperson of the Minnesota Board of Judicial Standards, or his successor; Edward J. Cleary, in his capacity as director of the Minnesota Office of Lawyers Professional Responsibility, or his successor; Charles E. Lundberg, in his capacity as Chair of the Minnesota Lawyers Professional Responsibility Board, or his successor, Defendants — Appellees, The Minnesota State Bar Association, Amicus on Behalf of Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: April 30, 2001.


Attorney(s) appearing for the Case

William R. Mohrman, Minneapolis, Minnesota, argued, for appellants Gregory Wersal and Campaign for Justice.

Tony P. Trimble, Minnetonka, Minnesota, argued (Erick G. Kaardal and Robert S. Halagan, on the brief), for appellants Muslim Republicans and Republican Party of Minnesota.

Mark B. Levinger, St. Paul, Minnesota, argued, for appellee Charles Flinn.

Thomas C. Vasaly, St. Paul, Minnesota, argued, for appellees Edward Cleary and Charles E. Lundberg.

Before McMILLIAN, JOHN R. GIBSON, and BEAM, Circuit Judges.


JOHN R. GIBSON, Circuit Judge.

The issue before us in this appeal is whether Canon 5 of the Minnesota Code of Judicial Conduct, a rule promulgated by the Supreme Court of Minnesota to deal with political activity deemed inappropriate to judicial office, violates the First and Fourteenth Amendments of the United States Constitution. Canon 5 restricts candidates for judicial office from attending and speaking at partisan political gatherings; identifying their membership...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases