Sixth Circuit Backs Kentucky Judge in Appeal of Ethics Sanctions

Kentucky ethics officials overstepped constitutional boundaries when disciplining a judge for campaign statements, a federal appeals court ruled Wednesday.

Kentucky’s Judicial Conduct Commission violated state Judge Donna Greenwell Dutton’s First Amendment rights when it attempted to sanction her for comments she made about a previous disciplinary matter during her 2022 reelection campaign, Circuit Judge Julia Smith Gibbons said.

The US Court of Appeals for the Sixth Circuit partially affirmed a district court’s order granting Dutton summary judgment and permanently enjoining the commission from enforcing against Dutton a rule prohibiting false statements. The Sixth Circuit also ruled the lower court wrongly ...