Alaska: conduct code challenge dismissed

The Court of Appeals for the 9th Circuit Court found no support for plaintiff's allegation that the Alaska Code of Judicial Conduct has a "chilling effect" on the ability of state court judges to exercise free speech during campaigns. The Alaska Right to Life Political Action Committee (PAC) sued specific members of the Alaska Commission on Judicial Conduct and the Alaska Bar Association, although there was no evidence of intent to discipline candidate judges. The opinion says district court should not have heard the case, especially since the Alaska Supreme Court, which has authority over the state's judicial code, has not commented. On the other hand, the court pointed out that the PAC has time prior to the 2008 judicial election to develop a factual record that merits state or federal review. Read more.    The ninth circuit court: see case numbers case numbers 05-35902; 05-36027