A federal judge Thursday upheld the constitutionality of judicial rules limiting campaign remarks by candidates for judge in Illinois.
Appellate Judge Robert C. Buckley, a Republican candidate for the Illinois Supreme Court, and state Rep. Anthony L. Young (D-Chicago), a candidate for judge in Cook County, had contended the ethics rules infringed on their freedom of speech.
But in a written ruling, U.S. District Judge James Alesia held that judicial candidates ”cannot be allowed to appeal to popular sentiment in the hopes of being elected, appointed or retained.”
”To maintain the impartiality and integrity of the judiciary, judicial candidates must be prevented from discussing . . . issues which will require impartial resolution in the courts these candidates hope to occupy,” Alesia said. Buckley sued last year after the Illinois Judicial Inquiry Board accused him of violating judicial ethics during an unsuccessful race in 1990 for a seat on the state Supreme Court.
The Illinois Courts Commission faulted Buckley for issuing campaign materials that said he had never written an opinion reversing a rape conviction but concluded the violation was ”insignificant” and did not warrant discipline.
Young, a candidate in the Circuit Court`s 7th subcircuit, filed suit this year, contending he had been inhibited from expressing his views on important issues for fear of drawing sanctions for violating judicial ethics.
