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MINNEAPOLIS – The U.S. Supreme Court today struck down a Minnesota Supreme Court canon of judicial conduct that prohibited judicial candidates from announcing “his or her views on disputed legal or political issues.” The Court said the issue violates the First Amendment Free Speech Clause.
“I applaud the decision of the U.S. Supreme Court to ‘unmuzzle’ judicial candidates,” said Tom Prichard, President of the Minnesota Family Council. “If we are going to have judicial elections in Minnesota, the candidates must be able to discuss their judicial philosophy, judicial decisions and other legal issues.” “Until now, the state incumbent judges were elected under the best incumbent protection system imaginable – ban your opponent from discussing your record and his or her views,” added Prichard. “For years people have asked me, ‘How do I find out where the judges stand on the critical issues of the day?’ Today’s decision empowers voters to get the information they need to make intelligent decisions,” said Prichard. Since it’s ratification in 1858, the Minnesota Constitution has provided for judicial elections. In 1972, the Minnesota Supreme Court promulgated a rule prohibiting incumbent judges and challengers from announcing their views on disputed legal or political issues. In 1996, attorney Greg Wersal ran for associate justice of the Minnesota Supreme Court. During his campaign he criticized several Minnesota Supreme Court decisions. He had an ethics complaint filed against him and, fearing losing his ability to practice law, dropped out of the race. Mr. Wersal then filed a constitutional challenge to the rule. The Minnesota Family Council through it’s subsidiary the Minnesota Family Institute plans to distribute several hundred thousand copies of its 2002 nonpartisan voter’s guides across the state, including now the positions of candidates for the Minnesota Supreme Court. |
The Minnesota Family Council is Minnesota's largest nonprofit, non-partisan pro-family organization.
Minnesota Family Council / Minnesota Family Institute
2855 Anthony Lane South, Minneapolis MN, 55418-3265
phone 612.789.8811, fax 612.789.8858, www.mfc.org