republican party minnesota et al white chairperson minnesota board judicial standards et argued march decided june minnesota adopted canon judicial conduct prohibits candidate judicial office announc ing views disputed legal political issues hereinafter announce clause running associate justice petitioner gregory wersal others filed suit seeking declaration announce clause violates first amendment injunction enforcement district granted respondent officials summary judgment eighth circuit affirmed held announce clause violates first amendment pp record demonstrates announce clause prohibits judicial candidate stating views specific nonfanciful legal question within province running except context discussing past decisions latter context well expresses view bound stare decisis pp announce clause prohibits speech based content burdens category speech core first amendment freedoms speech qualifications candidates public office eighth circuit concluded parties dispute proper test applied determine constitutionality restriction strict scrutiny respondents burden prove clause narrowly tailored serve compelling state interest eu san francisco county democratic central found respondents established two interests sufficiently compelling justify announce clause preserving state judiciary impartiality preserving appearance impartiality pp definition impartiality announce clause fails strict scrutiny first plain clause narrowly tailored serve impartiality appearance traditional sense word lack bias either party proceeding indeed clause barely tailored serve interest inasmuch restrict speech particular parties rather speech particular issues second although impartiality sense lack preconception favor particular legal view may well interest served announce clause pursuing objective compelling state interest since virtually impossible hardly desirable find judge preconceptions law see laird tatum third need decide whether achieving impartiality appearance sense openmindedness compelling state interest means pursuing interest announce clause woefully underinclusive believe adopted purpose see city ladue gilleo respondents carried burden imposed strict scrutiny establishing statements made election campaign uniquely destructive openmindedness see landmark communications virginia pp universal tradition prohibiting certain conduct creates strong presumption prohibition constitutional see mcintyre ohio elections however practice prohibiting speech judicial candidates neither ancient universal knows prohibitions throughout first quarter century still universally adopted compare well traditions deemed worthy attention burson freeman pp obvious tension minnesota constitution requires judicial elections announce clause places subjects interest voters limits first amendment permit minnesota leave principle elections place preventing candidates discussing elections see renne geary pp reversed remanded scalia delivered opinion rehnquist kennedy thomas joined kennedy filed concurring opinions stevens filed dissenting opinion souter ginsburg breyer joined ginsburg filed dissenting opinion stevens souter breyer joined republican party minnesota et suzanne white chairperson minnesota board judicial standards et al writ certiorari appeals eighth circuit june justice scalia delivered opinion question presented case whether first amendment permits minnesota prohibit candidates judicial election state announcing views disputed legal political issues since minnesota admission union state constitution provided selection state judges popular election minn art vi since elections nonpartisan act june ch laws special pp since subject legal restriction candidate judicial office including incumbent judge shall announce views disputed legal political issues code judicial conduct canon prohibition promulgated minnesota based canon american bar association aba model code judicial conduct known announce clause incumbent judges violate subject discipline including removal censure civil penalties suspension without pay rules board judicial standards lawyers run judicial office also must comply announce clause rule professional conduct lawyer candidate judicial office shall comply applicable provisions code judicial conduct violate subject inter alia disbarment suspension probation rule rules lawyers professional responsibility one petitioners gregory wersal ran associate justice minnesota course campaign distributed literature criticizing several minnesota decisions issues crime welfare abortion complaint wersal challenging among things propriety literature filed office lawyers professional responsibility agency direction minnesota lawyers professional responsibility investigates prosecutes ethical violations lawyer candidates judicial office lawyers board dismissed complaint regard charges campaign materials violated announce clause expressed doubt whether clause constitutionally enforced nonetheless fearing ethical complaints jeopardize ability practice law wersal withdrew election wersal ran office early race sought advisory opinion lawyers board regard whether planned enforce announce clause lawyers board responded equivocally stating although significant doubts constitutionality provision unable answer question submitted list announcements wished shortly thereafter wersal filed lawsuit federal district seeking inter alia declaration announce clause violates first amendment injunction enforcement wersal alleged forced refrain announcing views disputed issues campaign point declined response questions put press public concern might run afoul announce clause plaintiffs suit including minnesota republican party alleged clause kept wersal announcing views unable learn views support oppose candidacy accordingly parties filed summary judgment district found favor respondents holding announce clause violate first amendment supp dissent judge beam appeals eighth circuit affirmed granted certiorari ii considering constitutionality announce clause must clear meaning text says candidate judicial office shall announce views disputed legal political issues code judicial conduct canon know announc ing views issue covers much promising decide issue particular way prohibition extends candidate mere statement current position even bind maintain position election parties agree case minnesota code contains pledges promises clause separately prohibits judicial candidates making pledges promises conduct office faithful impartial performance duties office prohibition challenged express view however limitations minnesota placed upon scope announce clause put politely immediately apparent text statements formed basis complaint wersal included criticism past decisions minnesota one piece campaign literature stated minnesota issued decisions marked disregard legislature lack common sense app went criticize decision excluding evidence confessions criminal defendants asking hould conclude trust police allows confessed criminals go free ibid criticized decision striking state law restricting welfare benefits asserting legislature set spending policies ibid criticized decision requiring public financing abortions poor women unprecedented stance although one think statements touched disputed legal political issues least fall within scope announce clause judicial board issued opinion stating judicial candidates may criticize past decisions lawyers board refused discipline wersal foregoing statements part thought violate announce clause eighth circuit relied judicial board opinion upholding announce clause minnesota recently embraced eighth circuit interpretation code judicial conduct yet limitations upon apparent plain meaning announce clause light constitutional concerns district construed clause reach disputed issues likely come candidate elected judge supp eighth circuit accepted limiting interpretation district addition construed clause allow general discussions case law judicial philosophy minnesota adopted interpretations well ordered enforcement announce clause accordance eighth circuit opinion code judicial conduct supra seems us however like text announce clause limitations upon text announce clause appear first respondents acknowledged oral argument statements critical past judicial decisions permissible candidate also stare decisis tr oral arg thus candidates must choose stating views critical past decisions stating views opposition stare decisis look concretely may state view prior decisions erroneous assert elected power eliminate erroneous decisions second limiting scope clause issues likely come much limitation one hardly expect disputed legal political issues raised course state judicial election include matters whether federal government end embargo cuba quite obviously legal political disputes proper past decisions made improper business state courts within relevant category almost legal political issue unlikely come judge american state federal general jurisdiction buckley illinois judicial inquiry third construing clause allow general discussions case law judicial philosophy turns little help election campaign oral argument respondents gave example exception candidate free assert strict constructionist tr oral arg like philosophical generalities little meaningful content electorate unless exemplified application particular issue construction likely come example whether particular statute runs afoul provision constitution respondents conceded announce clause prohibit candidate exemplifying philosophy fashion without application issues candidates claim strict constructionists equal unhelpful plausibility event clear announce clause prohibits judicial candidate stating views specific nonfanciful legal question within province running except context discussing past decisions latter context well expresses view bound stare respondents contend still leaves plenty topics discussion campaign trail include candidate character education work habits handle administrative duties elected brief respondents indeed judicial board printed list preapproved questions judicial candidates allowed answer include candidate feels cameras courtroom go reducing caseload costs judicial administration reduced proposes ensure minorities women treated fairly system minnesota state bar association judicial elections task force report recommendations app june reprinted app whether list preapproved subjects topics prohibited announce clause adequately fulfill first amendment guarantee freedom speech question turn iii appeals recognized announce clause prohibits speech basis content burdens category speech core first amendment freedoms speech qualifications candidates public office appeals concluded proper test applied determine constitutionality restriction cases called strict scrutiny parties dispute correct test respondents burden prove announce clause narrowly tailored serve compelling state interest eu san francisco county democratic central order respondents show announce clause narrowly tailored must demonstrate unnecessarily circumscrib protected expression brown hartlage appeals concluded respondents established two interests sufficiently compelling justify announce clause preserving impartiality state judiciary preserving appearance impartiality state judiciary respondents reassert two interests us arguing first compelling protects due process rights litigants second compelling preserves public confidence respondents rather vague however mean impartiality indeed although term used throughout eighth circuit opinion briefs minnesota code judicial conduct aba codes judicial conduct none sources bothers define clarity point essential decide whether impartiality indeed compelling state interest whether announce clause narrowly tailored achieve one meaning impartiality judicial context course root meaning lack bias either party proceeding impartiality sense assures equal application law guarantees party judge hears case apply law way applies party traditional sense term used see webster new international dictionary ed defining impartial ot partial favoring one another treating alike unbiased equitable fair also sense used cases cited respondents amici proposition impartial judge essential due process tumey ohio judge violated due process sitting case financial interest find one parties aetna life ins lavoie ward monroeville johnson mississippi per curiam judge violated due process sitting case one parties previously successful litigant bracy gramley violate due process judge disposed rule defendants bribe order cover fact regularly ruled favor defendants bribe murchison judge violated due process sitting criminal trial defendant indicted think plain announce clause narrowly tailored serve impartiality appearance impartiality sense indeed clause barely tailored serve interest inasmuch restrict speech particular parties rather speech particular issues sure case arises turns legal issue judge candidate taken particular stand party taking opposite stand likely lose bias party favoritism toward party party taking position likely lose judge applying law sees perhaps possible use term impartiality judicial context though certainly common usage mean lack preconception favor particular legal view sort impartiality concerned guaranteeing litigants equal application law rather guaranteeing equal chance persuade legal points case impartiality sense may well interest served announce clause compelling state interest strict scrutiny requires judge lack predisposition regarding relevant legal issues case never thought necessary component equal justice good reason one thing virtually impossible find judge preconceptions law rehnquist observed since justices come bench earlier middle years unusual time formulated least tentative notions influence interpretation sweeping clauses constitution interaction one another merely unusual extraordinary least given opinions constitutional issues previous legal careers laird tatum memorandum opinion indeed even possible select judges preconceived views legal issues hardly desirable proof justice mind time joined complete tabula rasa area constitutional adjudication evidence lack qualification lack bias ibid minnesota constitution positively forbids selection courts general jurisdiction judges impartial sense views law minn art vi judges appeals district shall learned law since avoiding judicial preconceptions legal issues neither possible desirable pretending otherwise attempting preserve appearance type impartiality hardly compelling state interest either third possible meaning impartiality common one might described openmindedness quality judge demands preconceptions legal issues willing consider views oppose preconceptions remain open persuasion issues arise pending case sort impartiality seeks guarantee litigant equal chance win legal points case least chance may well impartiality sense appearance desirable judiciary need pursue inquiry since believe minnesota adopted announce clause purpose respondents argue announce clause serves interest openmindedness least appearance openmindedness relieves judge pressure rule certain way order maintain consistency statements judge previously made problem however statements election campaigns infinitesimal portion public commitments legal positions judges undertake object prohibition implausible arrive bench whether election otherwise judges often committed legal issues must later rule upon see laird supra describing justice black participation several cases construing deciding constitutionality fair labor standards act even though senator one principal authors chief justice hughes authorship opinion overruling adkins children hospital case criticized book written appointment common still judge confronting legal issue expressed opinion bench frequently course prior expression occurred ruling earlier case judges often state views disputed legal issues outside context adjudication classes conduct books speeches like aba codes judicial conduct minnesota code permits encourages see code judicial conduct canon judge may write lecture teach speak participate activities concerning law code judicial conduct canon comment extent time permits judge encouraged quite incompatible notion need openmindedness appearance openmindedness lies behind prohibition issue short matter minnesota candidate judicial office may say think constitutional legislature prohibit marriages may say thing however day declares candidate may say repeatedly litigation pending elected means pursuing objective respondents articulate announce clause woefully underinclusive render belief purpose challenge credulous see city ladue gilleo noting underinclusiveness diminish es credibility government rationale restricting speech florida star scalia concurring judgment law regarded protecting interest highest order thus justifying restriction upon truthful speech leaves appreciable damage supposedly vital interest unprohibited internal quotation marks citation omitted justice stevens asserts statements made election campaign pose special threat openmindedness candidate elected judge particular reluctance contradict post might plausible perhaps regard campaign promises candidate says elected vote uphold legislature power prohibit marriages positively breaking word although one na recognize campaign promises long democratic tradition least binding form human commitment noted earlier minnesota adopted separate prohibition campaign pledges promises challenged proposition judges feel significantly greater compulsion appear feel significantly greater compulsion maintain consistency nonpromissory statements made judicial campaign statements made campaign true seems us quite likely fact many cases opposite true doubt example mere statement position enunciated pendency election regarded judge binding likely subject popular disfavor reconsidered carefully considered holding judge set forth earlier opinion denying individual claim justice event suffices say respondents carried burden imposed test establish proposition campaign statements uniquely destructive openmindedness validity announce clause rests see landmark communications virginia rejecting speech restriction subject strict scrutiny state offered little assertion conjecture support claim without criminal sanctions objectives statutory scheme seriously undermined playboy entertainment group moreover notion special context electioneering justifies abridgment right speak disputed issues sets first amendment jurisprudence head ebate qualifications candidates core electoral process first amendment freedoms edges eu simply function government select issues worth discussing debating course political campaign brown internal quotation marks omitted never allowed government prohibit candidates communicating relevant information voters election justice ginsburg much dissent confirms rather refutes conclusion purpose behind announce clause openmindedness judiciary undermining judicial elections contends announce clause must constitutional due process denied elected judge sat case involving issue previously announced view post reaches conclusion says judge direct personal substantial pecuniary interest ruling consistently previously announced view order reduce risk voted bench thereby lose salary emoluments post internal quotation marks alterations omitted elected judges regardless whether announced views beforehand always face pressure electorate might disagree rulings therefore vote bench surely judge frees timothy mcveigh places job much risk judge horror horrors reconsiders previously announced view disputed legal issue justice ginsburg claims violates due process judge sit case ruling one way rather another increases prospects reelection quite simply practice electing judges violation due process difficult understand one views approve effect announce however views reflected due process clause fourteenth amendment coexisted election judges ever since adopted see infra justice ginsburg devotes rest dissent attacking arguments make example despite number pages dedicates disproving proposition post neither assert imply first amendment requires campaigns judicial office sound legislative assert justice ginsburg ignores even first amendment allows greater regulation judicial election campaigns legislative election campaigns announce clause still fails strict scrutiny woefully underinclusive prohibiting announcements judges judges certain times certain forms rely cases involving speech elections supra make obvious point underinclusiveness explained resort notion first amendment provides less protection election campaign case justice ginsburg greatly exaggerates difference judicial legislative elections asserts rationale underlying unconstrained speech elections political office representative government depends public ability choose agents act behest carry campaigns bench post complete separation judiciary enterprise representative government might truth countries judges neither make law set aside laws enacted legislature true picture american system judges possess power make common law immense power shape constitutions well see baker state precisely election state judges became iv sustain announce clause eighth circuit relied heavily fact pervasive practice prohibiting judicial candidates discussing disputed legal political issues developed last half century true universal tradition prohibiting certain conduct creates strong presumption prohibition constitutional principles liberty fundamental enough embodied within constitutional guarantees readily erased nation consciousness mcintyre ohio elections scalia dissenting practice prohibiting speech judicial candidates disputed issues however neither long universal time founding vermont became state selected judges election starting georgia began provide judicial election development rapidly accelerated jacksonian democracy time civil war great majority elected judges haynes selection tenure judges berkson judicial selection special report judicature know restrictions upon statements made judicial candidates including judges throughout first quarter century indeed judicial elections generally partisan period movement toward nonpartisan judicial elections even beginning comisky patterson judiciary selection compensation ethics discipline thus judicial candidates including judges discussing disputed legal political issues campaign trail touting party affiliations angling party nominations first code regulating judicial conduct adopted aba aba reports report chief justice taft mcfadden electing justice law ethics judicial campaigns contained provision akin announce clause candidate judicial position announce advance conclusions law disputed issues secure class support aba canon judicial ethics slow adopt canons however end world war ii canons binding bar associations courts eleven mackenzie appearance justice even today although majority adopted either announce clause aba successor adoption unanimous select appellate judges election see american judicature society judicial selection appellate general jurisdiction courts apr adopted restriction comparable announce prohibits discussion pending litigation practice relatively new judicial elections still universally adopted compare well traditions deemed worthy attention prior cases burson freeman crediting tradition prohibiting speech around polling places began adoption secret ballot late century every state participated scalia concurring judgment mcintyre supra scalia dissenting crediting tradition prohibiting anonymous election literature began universally adopted obvious tension article minnesota popularly approved constitution provides judges shall elected minnesota announce clause places subjects interest voters limits restrictions also product judicial disparity perhaps unsurprising since aba originated announce clause long opponent judicial elections see aba model code judicial conduct canon comment erit selection judges preferable manner select judiciary independent judiciary report aba commission separation powers judicial independence american bar association strongly endorses merit selection judges opposed election five times august august house delegates approved recommendations stating preference merit selection encouraging bar associations jurisdictions judges elected work adoption merit selection retention opposition may well taken certainly support founders federal government first amendment permit achieve goal leaving principle elections place preventing candidates discussing elections greater power dispense elections altogether include lesser power conduct elections conditions voter ignorance state chooses tap energy legitimizing power democratic process must accord participants process first amendment rights attach roles renne geary marshall dissenting accord meyer grant rejecting argument greater power end voter initiatives includes lesser power prohibit paid circulators minnesota canon judicial conduct prohibiting candidates judicial election announcing views disputed legal political issues violates first amendment accordingly reverse grant summary judgment respondents remand case proceedings consistent opinion ordered republican party minnesota et suzanne white chairperson minnesota board judicial standards et al writ certiorari appeals eighth circuit june justice concurring join opinion write separately express concerns judicial elections generally respondents claim announce clause necessary protect state compelling governmental interes actual perceived impartial judiciary brief respondents concerned even aside judicial candidates may say campaigning practice electing judges undermines interest course want judges impartial sense free personal stake outcome cases assigned judges subject regular elections likely feel least personal stake outcome every publicized case elected judges help aware public satisfied outcome particular case hurt reelection prospects see eule crocodiles bathtub state courts voter initiatives threat electoral reprisal rev quoting former california justice otto kaus statement ignoring political consequences visible decisions like ignoring crocodile bright keenan judges politics death deciding bill rights next election capital cases rev citing statistics indicating judges face elections far likely override jury sentences life without parole impose death penalty judges run election even judges able suppress awareness potential electoral consequences decisions refrain acting public confidence judiciary undermined simply possibility judges unable moreover contested elections generally entail campaigning campaigning judicial post today require substantial funds see schotland financing judicial elections change challenge rev state detroit college law reporting candidates partisan election seats alabama spent average campaigns american bar association report recommendations task force lawyers political contributions pt july reporting one candidate pennsylvania raised campaign funds spent race chief justice ohio unless pool judicial candidates limited wealthy enough independently fund campaigns limitation unrelated judicial skill cost campaigning requires judicial candidates engage fundraising yet relying campaign donations may leave judges feeling indebted certain parties interest groups see thomas national mar reporting study public interest group texans public justice found percent contributions raised seven texas nine justices elections came parties lawyers cases contributors closely linked parties even judges able refrain favoring donors mere possibility judges decisions may motivated desire repay campaign contributors likely undermine public confidence judiciary see greenberg quinlan rosner research american viewpoint national public opinion survey frequency questionnaire available http describing survey results indicating percent registered voters believe campaign contributions influence judicial decisions describing survey results indicating registered voters believe individuals groups give money judicial candidates often receive favorable treatment barnhizer make campaign funding corrupting american judiciary cath rev relating anecdotes lawyers felt contributions judicial campaigns affected chance success despite significant problems currently employ form judicial elections appellate courts general jurisdiction trial courts american judicature society judicial selection appellate general jurisdiction courts apr judicial elections always prevalent first union adopted methods selecting judges involve popular elections see croley majoritarian difficulty elective judiciaries rule law chi rev explains however beginning georgia began adopting systems judicial elections see ante part jacksonian movement toward greater popular control public office trend accelerated see goldschmidt merit selection current status procedures issues miami rev civil war elected judges ibid beginning century however elected judiciaries increasingly came viewed incompetent corrupt criticism partisan judicial elections mounted croley supra roscoe pound gave speech american bar association claimed compelling judges become politicians many jurisdictions almost destroyed traditional respect bench causes popular dissatisfaction administration justice baylor rev reprinting pound speech response concerns adopted modified system judicial selection became known missouri plan missouri first state adopt judicial posts see croley chi missouri plan judges appointed high elected official generally list nominees put together nonpartisan nominating commission subsequently stand unopposed retention elections voters asked whether judges recalled ibid judge recalled vacancy filled new nomination appointment ibid system obviously reduces threats judicial impartiality even eliminate popular pressure judges see grodin developing consensus constraint judge perspective judicial retention elections cal rev admitting sure votes california justice critical cases influenced subconsciously awareness outcomes affect chances retention elections conducted year missouri plan currently used fill least judicial offices croley supra american judicature society supra however still use popular elections select appellate general jurisdiction trial judges thereafter run reelection periodically ibid slightly half use nonpartisan elections rest use partisan elections ibid form judicial elections choose judges executive nomination legislative confirmation see croley supra minnesota chosen select judges contested popular elections instead appointment system combined appointment retention election system along lines missouri plan state voluntarily taken risks judicial bias described result state claim needs significantly restrict judges speech order protect judicial impartiality particularly troubling state problem judicial impartiality largely one state brought upon continuing practice popularly electing judges republican party minnesota et suzanne white chairperson minnesota board judicial standards et al writ certiorari appeals eighth circuit june justice kennedy concurring agree minnesota prohibition judicial candidates announcing legal views unconstitutional abridgment freedom speech authority apply strict scrutiny analysis resolve first amendment cases see simon schuster members state crime victims explains clear forceful terms minnesota regulatory scheme fails test join opinion adhere view however speech restrictions fall within traditional exception invalidated without inquiry narrow tailoring compelling government interests speech issue come within exceptions first amendment recognized law directed speech alone speech question obscene defamatory words tantamount act otherwise criminal impairment constitutional right incitement lawless action calculated likely bring imminent harm state substantive power prevent inquiry necessary reject state argument statute upheld kennedy concurring judgment political speech candidates heart first amendment direct restrictions content candidate speech simply beyond power government impose minnesota sought justify speech restriction one necessary maintain integrity judiciary nothing opinion read cast doubt vital importance state interest courts system elaborate principles law course resolving disputes power prerogative perform function rest end upon respect accorded judgments citizen respect judgments depends turn upon issuing absolute probity judicial integrity consequence state interest highest order articulated standards judicial conduct may advance interest see shepard campaign speech restraint liberty judicial ethics geo legal ethics comprehend codify essence judicial integrity hard task however work deciding cases goes every day hundreds courts throughout land judge one might suppose find easy describe process followed thousand times nothing farther truth cardozo nature judicial process much said explicit standards ensure judicial integrity strive judicial integrity work lifetime dissuade profession difficulty undertaking mean refrain attempt explicit standards judicial conduct provide essential guidance judges proper discharge duties honorable conduct office legislative bodies judicial committees professional associations promulgate standards perform vital public service see administrative office courts code judicial conduct judges yet standards may used state abridge speech aspiring judges judicial campaign minnesota may choose elected judiciary may strive define characteristics exemplify judicial excellence may enshrine definitions code judicial conduct may adopt recusal standards rigorous due process requires censure judges violate standards minnesota may however censor people hear undertake decide candidate likely exemplary judicial officer deciding relevance candidate speech right voters state see brown hartlage law question contradicts principle unabridged speech foundation political freedom state minnesota doubt concerned many citizens thoughtful commentators concerned judicial campaigns age frenetic fundraising mass media may foster disrespect legal system indeed beginning believed politics bring governmental institutions ill repute sought cure tendency governmental restrictions political speech see sedition act ch stat cooler heads always recognized however measures abridge freedom speech state interest insufficiently compelling simply restrictions political speech expressly positively forbidden first amendment see new york times sullivan quoting virginia resolutions state opt elected judiciary assert democracy order work desired compels abridgment speech minnesota believes certain sorts candidate speech disclose flaws candidate credentials democracy free speech correctives legal profession legal academy press voluntary groups political civic leaders interested citizens use first amendment freedoms protest statements inconsistent standards judicial neutrality judicial excellence indeed democracy fulfill promise must must reach voters uninterested uninformed blinded partisanship must urge upon voters higher better understanding judicial function stronger commitment preserving finest traditions free elections free speech powerful combination together may advance understanding rule law commitment precepts general consensus design federal constitution including lifetime tenure appointment nomination confirmation preserved independence federal judiciary resolving case however refrain criticism state choice use open elections select persons likely achieve judicial excellence free choose mechanism rather say appointment confirmation condemning judicial elections across board implicitly condemn countless elected state judges without warrant many despite difficulties imposed election system discovered law enlightenment instruction inspiration make faithful jurists real integrity even inadvertence impute judges lack firmness wisdom honor bridges california considerations serve reinforce conclusion minnesota regulatory scheme flawed abridging speech based content minnesota impeaches system free open elections state may regulate content candidate speech merely speakers candidates case present question whether state may restrict speech judges judges example part code judicial conduct law issue regulates judges candidates whether rationale pickering board ed township high school dist connick myers extended allow general speech restriction sitting judges regardless whether campaigning order promote efficient administration justice issue raised petitioner gregory wersal sitting judge challenger voluntarily entered employment relationship state surrendered first amendment rights speech may controlled abridged manner even undoubted interest state excellence judiciary allow restrain candidate speech reason content minnesota attempt regulate campaign speech impermissible republican party minnesota et suzanne white chairperson minnesota board judicial standards et al writ certiorari appeals eighth circuit june justice stevens justice souter justice ginsburg justice breyer join dissenting dissenting opinion justice ginsburg cogently explained holding unsound therefore join opinion without reservation add comments emphasize force arguments explain find reasoning even troubling holding limits holding evident even minnesota lawyers professional responsibility board board may sanction judicial candidate announcing views issues likely come may surely advise electorate announcements demonstrate speaker unfitness judicial office solution harmful speech must speech reasoning however unfortunately endure beyond next election cycle obscuring fundamental distinction campaigns judiciary political branches failing recognize difference statements made articles opinions made campaign trail defies sensible notion judicial office importance impartiality context disposition rests two seriously flawed premises inaccurate appraisal importance judicial independence impartiality assumption judicial candidates freedom express matters current public importance elected officials ante elected judges less appointed judges occupy office trust fundamentally different occupied policymaking officials although fact must stand election makes job difficult tenured judge fact lessen duty respect essential attributes judicial office embedded law centuries critical difference work judge work public officials democracy issues policy properly decided majority vote business legislators executives popular litigation issues law fact determined popular vote business judges indifferent unpopularity sir matthew hale pointedly described essential attribute judicial office words retained integrity centuries popular applause distaste influence anything point distribution solicitous men say think long keep exactly according rule justice consistent fundamental attribute office countless judges countless cases routinely make rulings unpopular surely disliked least percent litigants appear equally common enforce rules think unwise contrary personal predilections reason opinions lawyer may expressed becoming judge judicial candidate disqualify anyone judicial service every good judge fully aware distinction law personal point view equally clear however expressions lawyer nominated judicial office shed little light capacity judicial service indeed extent statements seek enhance popularity candidate indicating rule specific cases elected evidence lack fitness office course judge faces reelection may believe retains office long decisions popular nevertheless elected judge like lifetime appointee serve constituency holding office duty uphold law follow dictates constitution judge highest state obligation follow precedent personal views public opinion may make common law judged merits individual cases mandate voters recognizing conflict demands electoral politics distinct characteristics judiciary put nothing choice abandoning judicial elections elections anything goes practical matter know sure whether elected judge decisions based interpretation law political expediency absence reliable evidence one way state may reasonably presume elected judges motivated highest aspirations office know judicial candidate announces views context campaign effectively telling electorate vote believe judge cases accordingly elected may feel free disregard campaign statements ante change fact judge announced position issue likely come reason vote minnesota compelling interest sanctioning statements candidate judicial office goes beyond expression general observation law order obtain favorable consideration candidacy laird tatum memorandum rehnquist motion recusal demonstrates either lack impartiality lack understanding importance maintaining public confidence impartiality judiciary failing recognize distinction clearly stated rehnquist statements made campaign confirmation hearing made announcing one candidacy able conclude ince avoiding judicial preconceptions legal issues neither possible desirable pretending otherwise attempting preserve appearance type impartiality hardly compelling state interest either ante even impartiality defined narrowest sense embrace lack bias either party proceeding ante announce clause serves interest expressions stress candidate unbroken record affirming convictions example imply bias favor particular litigant prosecutor class litigants defendants rape cases contrary reasoning first attempt define impartiality ante interpretation announce clause prohibits statements serves state interest maintaining appearance form impartiality actuality evaluates importance impartiality broadest sense describes interest openmindedness least appearance openmindedness ante concludes announce clause woefully underinclusive render belief purpose challenge credulous ante underinclusive view campaign statements infinitesimal portion public commitments legal positions candidates make professional careers however number legal views candidate may formed discussed prior career significant rather ability reevaluate light adversarial presentation apply governing rule law even inconsistent views characterize judicial openmindedness boldly asserts respondents failed carry burden demonstrating campaign statements uniquely destructive openmindedness ante purpose statements prohibited announce clause convey message candidate mind open particular issue lawyer writes article advocating harsher penalties polluters surely commit position degree candidate says vote believe polluters deserve harsher penalties least statements obscure appearance openmindedness importantly like reasoning opinion create false impression standards election political candidates apply equally candidates judicial seems forgotten prior evaluation importance maintaining public confidence disinterestedness judiciary commenting danger participation judges political assignment might erode public confidence wrote problem individual bias usually cured recusal mechanism overcome appearance institutional partiality may arise judiciary involvement making policy legitimacy judicial branch ultimately depends reputation impartiality nonpartisanship reputation may borrowed political branches cloak work neutral colors judicial action mistretta conversely judicial reputation impartiality openmindedness compromised electioneering emphasizes candidate personal predilections rather qualifications judicial office elected judge recently noted informed criticism rulings professional personal conduct judges play important role maintaining judicial accountability however attacking courts judges wrong law facts case decision considered wrong simply matter political judgment maligns one basic tenets judicial independence intellectual honesty dedication enforcement rule law regardless popular sentiment dedication rule law requires judges rise political moment making judicial decisions troubling criticism rulings individual judges based solely political disagreement outcome evidences fundamentally misguided belief judicial branch operate treated like another political arm government judges political constituencies rather judge fidelity must enforcement rule law regardless perceived popular de muniz politicizing state judicial elections threat judicial independence williamette rev disposition case flawed premise criteria election judicial office mirror rules applicable political elections profoundly misguided therefore respectfully dissent republican party minnesota et suzanne white chairperson minnesota board judicial standards et al writ certiorari appeals eighth circuit june justice ginsburg justice stevens justice souter justice breyer join dissenting whether state federal elected appointed judges perform function fundamentally different people elected representatives legislative executive officials act behalf voters placed office judge represen law chisom roemer scalia dissenting unlike counterparts political branches judges expected refrain catering particular constituencies committing controversial issues advance adversarial presentation mission decide individual cases controversies individual records plaut spendthrift farm stevens dissenting neutrally applying legal principles necessary stand ing generally democracy popular scalia rule law law rules chi rev judiciary capable performing function owing fidelity person party longstanding tradition essential bulwark constitutional government constant guardian rule law guarantee independent impartial judiciary enables society withdraw certain subjects vicissitudes political controversy place beyond reach majorities officials establish legal principles applied courts west virginia bd ed barnette without reservations particular rights privileges amount nothing federalist rossiter ed ability judiciary discharge unique role rests large degree manner judges selected framers federal constitution sought advance judicial function structural protections article iii provide selection judges president advice consent senate generally lifetime terms constitution minnesota common decided allow citizens choose judges directly periodic elections minnesota thereby opted install corps political actors bench rather endeavored preserve integrity judiciary means recognizing influence political parties incompatible judge role example minnesota designated judicial elections nonpartisan see peterson stafford adopted provision called announce clause designed prevent candidates judicial office publicly making known decide issues likely come judges republican party minnesota kelly question case presents whether first amendment stops minnesota furthering interest judicial integrity precisely targeted speech restriction speech restriction must fail view electoral process stake minnesota opts elect judges asserts state may rein candidates may say see ante notion right speak disputed issues may abridged election context sets first amendment jurisprudence head ante power dispense elections include power curtail candidate speech state leaves election process place beam dissenting hen state opts hold election must commit complete election replete free speech association agree unilocular election election approach instead differentiate elections political offices first amendment holds full sway elections designed select whose office administer justice without respect persons minnesota choice elect judges persuaded preclude state installing election process geared judicial office legislative executive officials serve representative capacities agents people primary function advance interests constituencies candidates political offices keeping representative role must left free inform electorate positions specific issues armed information individual voter equipped cast ballot intelligently vote candidate committed positions voter approves campaign statements committing candidate take sides contentious issues therefore appropriate political elections core electoral process williams rhodes enhance accountability government officials people represent brown hartlage judges however political actors sit representatives particular persons communities parties serve faction constituency business judges indifferent popularity chisom internal quotation marks omitted must strive legally right result one home crowd wants rehnquist dedicatory address act well part therein honor lies pepperdine rev even develop common law give concrete meaning constitutional text judges act context individual cases outcome depend public see barnette one right life liberty property free speech free press freedom worship assembly fundamental rights may submitted vote depend outcome thus rationale underlying unconstrained speech elections political office representative government depends public ability choose agents act behest carry campaigns bench persons aiming occupy seat judgment unrelenting reliance decisions involving contests legislative executive posts manifestly place ante quoting wood georgia role elected officials play society makes imperative allowed freely express matters current public importance emphasis see canons courts recent first amendment rulings ind rev reliance cases involving nonjudicial campaigns particularly brown hartlage grievously misplaced ow thoughtful judge derive ruling possible guidance cases involve judicial campaign speech seems baffling view magisterial role judges must fill system justice role removes partisan fray may limit judicial campaign speech measures impermissible elections political office see buckley illinois judicial inquiry mode appointment one factor enables distinctions made among different kinds public official judges remain different legislators executive officials even elected ways bear strength state interest restricting freedom sees conclusion announce clause embraces obvious tension ante minnesota electorate permitted select judges popular vote provided information subjects interest voters particular voters told candidate decide controversial cases issues elected supposed tension however rests false premise departing federal model respect chooses judges minnesota necessarily departed federal position criteria relevant exercise minnesota thought otherwise methods federal system initially select elect retain judges varied yet explicit implicit goal constitutional provisions enabling legislation create maintain independent judiciary free political economic social pressure possible judges decide cases without influences peterson nothing opinion convincingly explains minnesota may pursue goal manner minnesota choose judicial selection system trappings legislative executive races providing public participation tailored judicial selection fit character third branch office holding see minnesota system keep ultimate choice voters time recognizing unique independent nature judicial balance state sought achieve allowing people elect judges safeguarding process integrity judiciary compromised encounter first amendment shoal see generally canons courts supra ii proper resolution case requires correction distorted construction provision us review according announce clause prohibits judicial candidate stating views specific nonfanciful legal question within province running except context discussing past decisions latter context well expresses view bound stare decisis ante two key respects construction misrepresents meaning announce clause interpreted eighth circuit embraced minnesota code judicial conduct final word matter see hortonville joint school dist hortonville ed course bound accept interpretation state law highest first important ignores crucial limiting construction placed announce clause courts provision bar candidate generally stating views legal questions ante prevents publicly making known decide disputed issues emphasis added limitation places beyond scope announce clause wide range comments may highly informative voters consistent eighth circuit construction comments may include example statements historical fact prosecutor obtained drunk driving convictions qualified statements judges use sparingly discretion grant lenient sentences drunk drivers statements framed sufficient level generality drunk drivers threat safety every driver remains within announce clause category statements essentially commit candidate position specific issue think drunk drivers receive maximum sentence permitted law see tr oral arg candidate may say going decide particular issue way second misportrays scope clause applied candidate discussion past decisions citing apparent concession respondents argument concludes statements critical past judicial decisions permissible candidate also stare decisis ante emphasis omitted conclusion however draws force meaning attributed announce clause eighth circuit line minnesota board judicial standards appeals stated without qualification clause prohibit candidates discussing appellate decisions citing bd judicial standards informal opinion app election contests candidate judicial office may discuss decisions opinions appellate eighth circuit controlling construction modified respondents spot answers hypothetical questions oral argument moose lodge irvis loath attach conclusive weight relatively spontaneous responses counsel equally spontaneous questioning oral announce clause thus tightly bounded campaigns conducted provision robust acknowledges judicial candidates minnesota may convey general information see ante may also describe conception role judge views wide range subjects interest voters see app brief minnesota bar association amicus curiae criteria deciding whether depart sentencing guidelines remedies racial gender bias balance free speech rights need control hate crimes may discuss criticize defend past decisions interest voters candidates may simply sophistication remove constraints characteristic judicial office declare decide issue without regard particular context presented sans briefs oral argument appellate bench benefit one colleagues analyses properly construed announce clause prohibits discrete subcategory statements misinterpretation encompasses characterization announce clause ante plac ing subjects interest voters limits ante belied facts case bid office petitioner gregory wersal distributed literature sharply criticizing three minnesota decisions holding first case certain unrecorded confessions must suppressed wersal asked conclude trust police allows confessed criminals go free app second case invalidating state welfare law wersal stated deferred legislature legislature set spending policies ibid third case decision involving abortion rights wersal charged holding directly contrary opinion unprecedented stance complaint filed wersal basis statements lawyers professional responsibility board concluded discipline warranted part thought disputed campaign materials violate announce clause outset campaign wersal sought avoid possibility sanction future statements pursued option available minnesota judicial candidates tr oral arg requesting advisory opinion concerning application announce clause app response request board indicated anticipate adverse action wersal thus never sanctioned announce clause campaign statement made facts us sum announce clause hardly stifled robust communication ideas views judicial candidate voter iii even exaggerates reach announce clause ignores significance provision integrated system judicial campaign regulation minnesota developed coupled announce clause minnesota code judicial conduct provision prohibits candidates mak ing pledges promises conduct office faithful impartial performance duties office code judicial conduct canon although correct pledges promises provision directly issue case see ante errs overlooking interdependence prohibition one us view constitutionality announce clause resolved without examination interaction light interests pledges promises provision serves parties case agree whatever validity announce clause state may constitutionally prohibit judicial candidates pledging promising certain results see brief petitioners republican party minnesota et al tr oral arg petitioners acknowledgment candidates may barred making pledge promise outcome brief respondents see also brief brennan center justice et al amici curiae parties amici case agree judges make explicit promises commitments decide particular cases particular reasons agreement apparent pledges promises conduct office however commonplace races political branches inconsistent judge obligation decide cases accordance role tr oral arg see brief petitioners republican party minnesota et al ecause judges duty decide case basis law facts prohibited candidates making judicial obligation avoid prejudgment corresponds litigant right protected due process clause fourteenth amendment impartial disinterested tribunal civil criminal cases marshall jerrico proscription pledges promises thus represents accommodation constitutionally protected interests lie sides legal equation nixon shrink missouri government pac breyer concurring balanced candidate interest free expression litigant powerful independent constitutional interest fair adjudicative procedure marshall see buckley two principles conflict must extent possible reconciled roots principles lie deep constitutional impartiality guaranteed litigants due process clause adheres core principle man permitted try cases interest outcome murchison cases jealously guarded basic concept ensur es person deprived interests absence proceeding may present case assurance arbiter predisposed find marshall applying principle tumey ohio held due process violated judge received portion fines collected defendants found guilty arrangement said gave judge direct personal substantial pecuniary interest reaching particular outcome thereby denied defendant right impartial arbiter ward monroeville extended tumey reasoning holding due process similarly violated fines collected guilty defendants constituted large part village finances judge also served village mayor responsible even though mayor personally share fines concluded perforce occupie two practically seriously inconsistent positions one partisan judicial internal quotation marks omitted applied principle tumey ward recently aetna life ins lavoie decision invalidated ruling alabama written justice personal interest resolution dispositive issue alabama ruling issued justice pursuing separate lawsuit alabama lower outcome clear immediate effect enhancing legal status settlement value separate suit ward tumey held justice therefore interest outcome decision unsuited participate judgment mattered whether justice actually influenced interest due process clause observed may sometimes bar trial judges actual bias best weigh scales justice equally contending parties internal quotation marks omitted cases establish three propositions important dispute first litigant deprived due process judge hears case direct personal substantial pecuniary interest ruling internal quotation marks alteration omitted second interest need direct tumey judge essentially compensated conviction obtained interest may stem ward judge knowledge success tenure office depend certain outcomes test said whether situation one offer possible temptation average man judge might lead hold balance nice clear true ward quoting tumey third due process require showing judge actually biased result rather cases always endeavored prevent even probability unfairness murchison requirement due process law judicial procedure satisfied argument men highest honor greatest carry without danger injustice tumey justification pledges promises prohibition follows principles judicial candidate promises rule certain way issue may later reach courts potential due process violations grave manifest successful bid office judicial candidate become judge capacity pressure resist pleas litigants advance positions contrary pledges campaign trail judge fails honor campaign promises face abandonment supporters professed views also ris assailed dissembler willing say one thing win election opposite office judge position therefore may thought direct personal substantial pecuniary interest ruling certain litigants tumey may voted bench thereby lose salary emoluments unless honors pledge secured election see shepard campaign speech restraint liberty judicial ethics geo legal ethics see campaign promise may characterized bribe offered voters paid rulings consistent promise return continued employment judge see also federalist rossiter ed general course human nature power man subsistence amounts power emphasis deleted given grave danger litigants judicial campaign promises justified barring expression commitments typify situatio experience teaches probability actual bias part judge high constitutionally tolerable withrow larkin removing source possible temptation judge rule basis tumey judging particular controversy fairly basis circumstances morgan see canons courts supra stake less promise fairness impartiality ultimately due process whose lives fortunes depend upon judges selected means fully subject vagaries american addition protecting litigants due process rights parties case agree pledges promises clause advances another compelling state interest preserving public confidence integrity impartiality judiciary see tr oral arg petitioners statement pledges promises properly fosters public perception impartiality judiciary see cox louisiana state may properly protect judicial process misjudged minds public murchison courts control neither purse sword authority ultimately rests public faith robe see mistretta legitimacy judicial branch ultimately depends reputation impartiality minnesota recognized legal systems regardless method judicial selection function long public confidence integrity judges accepts abides judicial decisions complaint concerning winton prohibiting judicial candidate pledging promising certain results elected directly promotes state interest preserving public faith bench candidate makes promise campaign public doubt perceive hope garnering votes public turn likely conclude candidate decides issue accord promise least part discharge undertaking voters previous election prevent voter abandonment next perception unseemly quid pro quo judicial candidate promises issues return electorate votes polls inevitably diminishes public faith ability judges administer law without regard personal political rehnquist observations federal system apply equal greater force context minnesota elective judiciary regarding appearance judicial integrity one must distinguish quite sharply public statement made prior nomination bench one hand public statement made nominee bench latter express general observation law suggest order obtain favorable consideration nomination deliberately announcing advance without benefit judicial oath briefs argument decide particular question might come judge laird tatum memorandum opinion constitutionality pledges promises clause thus amply supported provision advances due process law litigants minnesota courts also reinforces authority minnesota judiciary promoting public confidence state judges announce clause however equally vital achieving compelling ends without pledges promises provision feeble arid form matter real importance uncoupled announce clause ban pledges promises easily circumvented prefacing campaign commitment caveat although promise anything simply avoiding language promises pledges altogether candidate declare impunity decide specific issues semantic sanitizing candidate commitment however diminish pernicious effects actual perceived judicial impartiality use example candidate campaigns saying elected vote uphold legislature power prohibit marriages ante feel scarcely pressure honor statement candidate stands behind podium tells throng cheering supporters think constitutional legislature prohibit marriages ante made campaign statements contemplate quid pro quo candidate voter effectively bind candidate maintain position election ante convey impression candidate prejudging issue win votes contrary assertion see ante nonpromissory statement averts none dangers posed promissory one emphasis omitted targeting statements technically constitute pledges promises nevertheless publicly mak known candidate decide legal issues announce clause prevents end run around letter spirit companion less pledges promises clause announce clause indispensable part minnesota effort maintain health judiciary therefore constitutional reasons recognized past justice today see ante concurring opinion fundamental tension ideal character judicial office real world electoral politics chisom warrant resolve tension however forcing choose one pole judges politicians first amendment require treated politicians simply chosen popular vote first amendment command wish promote integrity judges fact appearance abandon systems judicial selection people exercise sovereign prerogatives devised century like minnesota endeavored experiment tested experience balance constitutional interests judicial integrity free expression within unique setting elected judiciary mcfadden electing justice law ethics judicial election campaigns brief conference chief justices amicus curiae announce clause borne long effort comes bearing weighty title respect teamsters hanke uphold essential component minnesota accommodation complex competing concerns sensitive area accordingly affirm judgment appeals eighth circuit footnotes eighth circuit parse separate functions two entities case hand referring two collectively lawyers board take approach wersal success receiving answers lawyers board included concrete examples post stevens dissenting request advisory opinion subjects month later well aware pending litigation constitutionality certain portions canon plaintiff action sued among others director office lawyers professional responsibility charles lundberg chair board lawyers professional responsibility due pending litigation answering request advisory opinion time app respondents officers lawyers board minnesota board judicial standards judicial board enforces ethical rules applicable judges justice ginsburg argues ignore concession oral argument inconsistent eighth circuit interpretation announce clause post dissenting opinion appears acknowledge however eighth circuit merely silent particular question ibid silence hardly inconsistent respondents conceded oral argument response concerns model canon basis minnesota announce clause violated first amendment see milord development aba judicial code aba replaced canon provision prohibits judicial candidate making statements commit appear commit candidate respect cases controversies issues likely come aba model code judicial conduct canon ii oral argument respondents argued limiting constructions placed upon minnesota announce clause eighth circuit adopted minnesota render scope clause broader aba canon tr oral arg argument somewhat curious based constitutional concerns motivated aba minnesota urged replace announce clause new aba language unlike jurisdictions declined final report advisory committee review aba model code judicial conduct rules minnesota board judicial standards june reprinted app aba however agrees respondents position brief aba amicus curiae know whether announce clause interpreted state authorities aba canon one aspect constitutional analysis turns question although eighth circuit also referred compelling interest independent judiciary respondents appear use term applied issues involved case interchangeable impartial see describing judge independence ability apply law neutrally brief respondents udicial impartiality linked judicial independence justice stevens asserts announce clause serves state interest maintaining appearance form impartiality actuality post disagree speech prohibited announce clause may well exhibit bias parties including justice stevens example election speech stressing candidate unbroken record affirming convictions rape ibid careful say announce clause barely tailored serve interest supra emphasis added question strict scrutiny test however whether announce clause serves interest whether narrowly tailored serve interest agree justice stevens broad assertion extent statements legal issues seek enhance popularity candidate indicating rule specific cases elected evidence lack fitness office post emphasis added course statements legal issues indicate speaker rule specific cases making statements honestly held views hope enhancing one chances electorate displayed lack fitness office similarly motivated honest statements judicial candidates made hope enhancing chances confirmation senate indeed appointment president since statements made think every confirmation hearing justice stevens must contemplate federal bench filled unfit justice ginsburg argues announce clause election nullifying wersal criticized past decisions minnesota campaign literature lawyers board decided discipline post explained however wersal additionally stated campaign feel bound follow erroneous decisions lucky supra predicament hardly reflects robust communication ideas views judicial candidate voter post justice stevens devotes dissent argument make assert candidates judicial office compelled announce views disputed legal issues thus justice ginsburg repeated invocation instances nominees declined announce views senate confirmation hearings pointless post practice voluntarily demurring establish legitimacy legal compulsion demur amply demonstrated unredacted text sentence quotes part post laird tatum terms propriety rather disqualification distinguish quite sharply public statement made prior nomination bench one hand public statement made nominee bench emphasis added although justice stevens times appears agree justice ginsburg premise judiciary completely separated enterprise representative government post good judge fully aware distinction law personal point view eventually appears concede separation hold true many judges sit courts last resort post judge highest state obligation follow precedent personal views public opinion polls post even policy making capacity judges limited courts last resort prove announce clause fails strict scrutiny announcing one views context campaign state might protected speech post even announcing one views context campaign lower protected speech announce clause narrowly tailored since applies candidates alike fact however judges inferior courts often make law since precedent highest cover every situation every case reviewed justice stevens repeatedly expressed view settled course lower opinions binds highest see reves ernst young concurring opinion mcnally dissenting opinion idaho code judicial conduct canon code judicial conduct canon code judicial conduct canon code judicial conduct rule save idaho adopted pledges promises clause canon judicial ethics restrictions contained codes judicial conduct app brief aba amicus curiae every state highest promulgates code judicial conduct either express constitutional provision statutory authorization broad constitutional grant inherent power texas per curiam opinion concerning amendments canons code judicial conduct tex collecting provisions footnotes campbell lives chief justices england quoting hale rules judicial guidance things necessary continually remembrance largely ignores fact judicial elections limited races highest state even announcing one views context campaign state might permissible statements surely less appropriate one running intermediate trial judgeship statements display misunderstanding judicial role also mislead voters giving false impression candidate trial able decide cases based personal views rather precedent indeed entire analysis hypothetical quality stems part fact candidate yet sanctioned violating announce clause one complaint filed petitioner george wersal campaign materials election run dismissed board app moreover wersal sought advisory opinion campaign board evaluate request specified statement make may may view disputed legal political issue since wersal failed provide examples statements wished make board doubts constitutionality announce clause advised wersal unless speech issue violates prohibitions listed canon portions code judicial conduct belief section written constitutionally enforceable ibid consequently left decide question great constitutional importance case petitioner statements either subject prohibition question neglected supply concrete examples statements wished make board refused enforce prohibition constitutional concerns see buckley illinois judicial inquiry board justice kennedy go even hold restriction judicial candidate speech permitted first amendment ante concurring opinion say explicitly extreme position preclude even minnesota prohibition pledges promises candidate judicial office code judicial conduct canon candidate say vote promise never reverse rape conviction board nothing formally sanction candidate unwisdom proposal illustrates standards apply speech campaigns judicial legislative office footnotes context federal system prospective nominee bench resolve particular contentious issues certainly interest president senate exercise respective nomination confirmation powers information type interest minnesota voter accord longstanding norm every member declined furnish information senate presumably president well see brief respondents collecting statements senate confirmation hearings surely perceives tension line us drew response preconfirmation questioning doubt agree crucial health federal judiciary reasoning reticence prospective current federal judicial nominees dishonors article ii deprives president senate information might aid advance decision nominate confirm point course practice voluntarily demurring establish es legitimacy legal compulsion demur ante emphasis omitted federal norm simply illustrates contrary suggestion nothing inherently incongruous depriving charged choosing judges certain information might desire selection process deciding sanction wersal campaign statements responding inquiry application announce clause board expressed doubts constitutionality current minnesota canon app doubts however concerned meaning announce clause eighth circuit applied minnesota adopted limiting constructions define provision scope avoid import due process decisions dissects concept judicial impartiality ante concluding one variant concept lack prejudice party secured fourteenth amendment ante due process clause cases focus solely bias particular party rather inquire broadly whether surrounding circumstances incentives compromise judge ability faithfully discharge assigned duties see supra sure due process violations may arise judge personally enmeshed matters concerning one party biased see johnson mississippi per curiam judge defendant one petitioner civil rights suits losing party may also arise however predisposition toward party rather judge personal interest resolving issue certain way see aetna life ins lavoie due process countenance latter situation even though judge apply law losing party way apply party advancing position ante author opinion declined precisely grounds tell senate whether overrule particular case let us assume people arguing think quite thing arguing somebody know made representation course confirmation hearings way condition confirmed think bad position adjudicate case without accused less impartial view matter mersky jacobstein hearings reports successful unsuccessful nominations justices senate judiciary committee hearings senate judiciary committee nomination scalia absence announce clause components minnesota code judicial conduct designed maintain nonpartisan character state judicial elections similarly unravel candidate need attend political gatherings make speeches behalf political organization code judical conduct canon simply state views elsewhere counting supporters carry views party faithful although candidates remain barred seek ing accept ing us ing endorsements political organization canon parties might well provide endorsements unsolicited upon hearing candidates views specific issues cf ante minnesota republican party sought learn wersal views party support oppose candidacy unsolicited endorsements turn render ineffective prohibition candidates identify ing members political organization canon indeed much say entire fabric minnesota non artisan elections hangs announce clause thread brief minnesota state bar association amicus curiae