AGENDA Judiciary Standards Committee Bismarck November 22, 2005
1:30 p.m. Call to Order (Following adjournment of Judicial
Conference)
Opening Remarks by Committee Chair - Committee
Member Introductions
1:40 p.m. Judicial Elections - Court Decisions - Canon 5 of the Code of
Judicial Conduct
Background Review and Discussion
Overview of Canon 5 provisions
affected by court decisions; also
Canon 3E provision regarding recusal - Attachment B (November 15,
2005)
Review of court decisions : North Dakota Family Alliance v.
Bader,
361 F. Supp. 2d 1021 (D.N.D. 2005) (invalidating "pledges and
promises" and "commit" clauses) and Republican Party of Minnesota
v. White, 416 F.3d 738 (8th Cir. 2005) (invalidating Minnesota
restrictions on political party endorsements, attending political
gatherings, identification as member of political organization, and
personal solicitation of campaign contributions) - Attachment A
(September 23, 2005) and Attachment E (November 15, 2005)
Review of ABA amendments to the Model Code of Judicial
Conduct
in response to Republican Party of Minnesota v. White (earlier U.S.
Supreme Court opinion) - Attachment B (September 23, 2005)
Committee Discussion of Course of Action and Possible Responses
Amendments to Canon 5(?)
Solicitation of Additional Information and Comments(?)
Conclusions, Directives
4:30 p.m. Adjourn
Meeting Schedule: Friday, December 15 (Bismarck)
Friday, January 13 - if necessary (Bismarck)