A federal judge has rejected state Supreme Court candidate Joe Fischer's effort to preempt potential enforcement action by state judicial officials over how he is running his campaign for a seat on the court's 6th District.
U.S. District Judge Karen Caldwell on Monday denied Fischer's request that she block the state Judicial Conduct Commission from further action against his campaign over complaints it had received, saying that so far, there is no "credible threat" of enforcement.
"The answer here is no − not yet," Caldwell's two-page order said.
Caldwell's ruling also applies to Kentucky Court of Appeals candidate Robert Winter, a Republican who is running for an appeals court seat in the 6th District and who joined Fischer's lawsuit, saying he also believes the commission might be planning enforcement action against him.
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Fischer, a Republican state legislator from Fort Thomas, filed a lawsuit this month in federal court in Covington, saying he believed the state commission was considering possible sanctions against him for alleged campaign violations − largely that he has identified himself as "the conservative Republican" in a nonpartisan judicial race.
In the lawsuit, Fischer and Winter cited letters they had received from the commission asking for more information about their campaigns and inviting them to meet in an informal conference about complaints it had received.
In a court filing, Fischer, Winter, and lawyer Christopher Wiest said they will appeal Caldwell's decision to the 6th U.S. Circuit Court of Appeals.
Fischer, a 23-year member of the General Assembly and sponsor of multiple laws to restrict or ban abortion, is seeking to defeat incumbent Justice Michelle Keller for the high court's 6th Judicial District, consisting of 13 counties from Northern Kentucky to Oldham and Shelby counties. His campaign already had drawn outside criticism from a citizen watchdog group for what it said was its partisan tone.
Fischer was later joined in his lawsuit by Winter, who is seeking to defeat incumbent Judge Suzanne Cetrulo for the same judicial district and said he also is under investigation by the commission for similar allegations.
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Their lawsuit had asked the judge to block any potential commission enforcement against against them that could limit their campaign speech.
The commission said in a court filing it had done nothing except open a "preliminary investigation" after receiving complaints about the two candidates, which it is required to do under rules established by the state Supreme Court.
It asked the judge to reject the candidates' lawsuit, saying the candidates at this point have no standing to pursue it.
Both Fischer and Winter said in the lawsuit the judicial commission on Sept. 27 sent them letters indicating that it had received complaints about their campaigns and was seeking more information.
Winter, like Fischer, the lawsuit said, is a lifelong Republican and their party affiliation is well known in the judicial district, which is "largely Republican and becoming more and more Republican over time."
But neither candidate has ever claimed to be the Republican Party's nominee for the judicial seats they are seeking, it said.
Their lawsuit said both judicial candidates have received endorsements from Kentucky Right to Life and Northern Kentucky Right to Life, which they are using in campaign materials.
Right to Life supporters in the district also have begun putting up campaign signs for the two judicial candidates and adding their own "Choose Life" signs to them, it said.
Contact reporter Deborah Yetter at dyetter@courier-journal.com or on Twitter at @d_yetter.
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