Cole, Clopper, Nolan Submit Dimick Amicus Brief

On behalf of 18 former Chief Justices from 15 states, Chuck Cole, John Clopper, and John P. Nolan filed an amici curiae brief in Dimick v. Republican Party of Minnesota, No. 05-566, in support of a petition for certiorari by the state of Minnesota.  The petition seeks review of an Eighth Circuit decision that invalidated key aspects of Minnesota's judicial conduct rules—rules designed to limit the effect of money and partisan politics on the state's nonpartisan judicial elections.  In striking down Minnesota's rules, the Eighth Circuit's decision calls into question the viability of similar rules in nearly 30 states across the country.

Two judicial candidate restrictions were at issue in the case.  First, to avoid the appearance of corruption, Minnesota banned judicial candidates from personally soliciting campaign contributions and required instead that such contributions be sent through a campaign committee.  Second, in order to maintain the nonpartisan nature of its judicial elections, Minnesota placed limits on partisan activity by judicial candidates (such as seeking or using political party endorsements).

The Eighth Circuit struck down both restrictions based on its reading of Republican Party v. White, 536 U.S. 765 (2002).

In the amici brief, the former Chief Justices express their concern for the impact the Eighth Circuit's decision will have on the independence, impartiality, and stature of state judicial systems throughout the country.  The brief contends that the Eighth Circuit failed to consider Supreme Court precedent more directly on point, such as those cases upholding campaign finance rules and upholding restrictions on the partisan activity of government employees (e.g., Hatch Act).  It also notes the myriad of federal and state court decisions squarely at odds with the Eighth Circuit's reasoning. 

Click here to read the Dimick Brief.