Texas attorney, ex-judge fights to save Minn. judicial-campaign rules.

Publication: Minnesota Lawyer

Publication Date: 05-DEC-05

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COPYRIGHT 2005 Dolan Media Newswires

Byline: Barbara L. Jones

Former Texas Supreme Court Chief Judge Thomas R. Phillips has strong views on judicial independence and earned them the hard way - through a 23-year career in a state judiciary that has some of the country's most partisan elections.

Phillips has been retained to represent Minnesota's Lawyers Professional Responsibility Board and Board on Judicial Standards in their bid to have the U.S. Supreme Court once again take a look at Minnesota's judicial-election rules.

In a 5-4 decision in 2002, the high court ruled that Minnesota's rule prohibiting judicial candidates from discussing their views on disputed legal and political issues violated the candidates' free-speech rights. On remand, the 8th U.S. Circuit Court of Appeals went much further, gutting most of the remaining restrictions that Minnesota has placed on judicial campaigns. Among the restrictions the 8th Circuit struck down were rules barring judicial candidates from attending political party functions and using political parties' endorsements in their campaigns. The court also dispensed with a rule that prohibited judicial candidates from soliciting funds from large groups or by letter.

Last month, the two defendant boards filed a petition...

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