LOUISVILLE, Ky. (WDRB) – State Rep. Joe Fischer, a Republican running for the nonpartisan Kentucky Supreme Court, has filed a lawsuit against the Judicial Conduct Commission claiming his First Amendment rights are being violated.
The state commission, which enforces judicial conduct, wrote on Sept. 27 that it was investigating Fischer for possible campaign violations involving promoting his political party affiliation and discussing opinions on certain issues that might come before him, including abortion.
Fischer, who is running against Justice Michelle Keller, is challenging a rule forbidding judges and judicial candidates from publicly identifying themselves as a nominee of a political organization or seeking endorsements from a political organization.
Fischer has, for example, used an elephant on his campaign materials, though he argues it is a “generic elephant,” not the Republican party logo.
Signs promoting Fischer saying, “Choose Life,” were not put up by his campaign, but by supporters, according to the suit.
Fischer acknowledges he has signs indicating he is the “conservative Republican” in the race while also listing GOP endorsements, support from anti-abortion groups and upcoming fundraisers on his Facebook campaign page.
But, according to the lawsuit, Fischer “has never, in the course of his campaign, made a promise or pledge to rule a particular way regarding any particular party, particular case, or particular controversy.”
And Fischer “has the right to state his position on issues,” the suit argues.
Allegations in a lawsuit present only one side of the case. Jimmy Shaffer, executive secretary for the Judicial Conduct Commission, declined comment Thursday because the lawsuit is ongoing.
Two complaints were filed against Fischer to the Judicial Conduct Commission claiming he engaged in improper campaign activity, including discussing controversial issues that could come before him as a judge. Documents in the lawsuit don't identify who lodged the complaints.
"The complaints allege that you have engaged in political or campaign activity inconsistent with the independence, integrity or impartiality of the judiciary," according to the letter.
In the Sept. 27 letter, the six-member commission requested a response from Fischer to the allegations and an informal meeting on October 28.
No formal charges have been filed against Fischer by the commission.
Included in the lawsuit is a letter from a Fischer attorney, who responded to the conduct commission by saying that Fischer has never sought endorsements from political groups.
A lawyer from Campbell County, Fischer has served in the General Assembly since 1998.
Keller, the incumbent, was first appointed by former Gov. Steve Beshear in 2013 and was reelected to an eight-year term in 2014.
She represents the 6th District, which takes in 13 counties that stretch from northern Kentucky to Shelby and Oldham counties.
The lawsuit, filed Tuesday in the U.S. District Court in Covington, asks the judge to declare the rules of judicial conduct regarding campaigning “unconstitutional on their face because of overbreadth or vagueness.”
It is also seeking a restraining order preventing the Judicial Conduct Commission from investigating complaints against Fischer’s campaign and allowing him to continue to campaign as he has been.
Judge Karen Caldwell scheduled a hearing on the request for a restraining order for Friday.
If Fischer should lose the election, according to the suit, “he intends to run for judicial office again, and again engage in the same speech.”
This story may be updated.
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