Federal appeals court upholds Arizona restrictions on judges’ political activity

The Ninth Circuit ruled en banc that Arizona could prevent judges from soliciting donations or campaigning for colleagues. The Supreme Court upheld similar limits in Florida (Williams-Yulee v. Fla.Bar, 2015) banning judges from personally soliciting campaign funds. (Courthouse News Service, January 27, 2016, by Nick Rummell)

A Ninth Circuit panel of three judges had ruled in 2014 that the ban violated the First Amendment. “ ‘We have recognized the vital state interest in safeguarding public confidence in the fairness and integrity of the nation’s elected judges,’ ” because the judiciary’s authority “ ‘depends in large measure on the public’s willingness to respect and follow its decisions,’ ” the Ninth Circuit said, quoting Williams-Yulee. (Bloomberg News, January 27, 2016, by Kimberly Robinson)

The Campaign Legal Center, January 27, 2016 wrote in a press release that the decision is vital to guaranteeing judicial impartiality and public faith in the judiciary. “The modest limits on judicial campaign activity upheld today play an indispensable role in Arizona’s efforts to ensure a fair and impartial judiciary. As the U.S. Supreme Court made clear just last term in its Williams-Yulee decision, states have a compelling interest in protecting judicial integrity no matter how they choose to select their judges, by election or otherwise,” said Megan P. McAllen, a center lawyer.