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Wolfson v. Concannon

United States Court of Appeals, Ninth Circuit

September 26, 2014

RANDOLPH WOLFSON, Plaintiff - Appellant,
v.
COLLEEN CONCANNON, in her official capacity as member of the Arizona Commission on Judicial Conduct; LOUIS FRANK DOMINGUEZ, in his official capacity as member of the Arizona Commission on Judicial Conduct; PETER J. ECKERSTROM, in his official capacity as member of the Arizona Commission on Judicial Conduct; GEORGE H. FOSTER, in his official capacity as member of the Arizona Commission on Judicial Conduct; GUSTAVO ARAGON, JR., in his official capacity as member of the Arizona Commission on Judicial Conduct; ROGER BARTON, in his official capacity as member of the Arizona Commission on Judicial Conduct; ANNA MARY GLAAB, in her official capacity as secretary of the Arizona Commission on Judicial Conduct; S' LEE HINSHAW, in his official capacity as member of the Arizona Commission on Judicial Conduct; DAVID STEVENS, in his official capacity as member of the Arizona Commission on Judicial Conduct; J. TYRELL TABER, in his official capacity as member of the Arizona Commission on Judicial Conduct; LAWRENCE F. WINTHROP, in his official capacity as member of the Arizona Commission on Judicial Conduct; MARET VESSELLA, Chief Bar Counsel of the State Bar of Arizona, Defendants - Appellees

D.C. No. 3:08-cv-08064-FJM.

For Randolph Wolfson, Plaintiff - Appellant: Byron Jeffords Babione, Esquire, Alliance Defending Freedom, Scottsdale, AZ; James Bopp Jr., Esquire, Attorney, Anita Yvonne Milanovich, Attorney, Jeffrey Gallant, The Bopp Law Firm, Terre Haute, IN; Benjamin Wyman Bull, Esquire, Chief Counsel, Alliance Defending Freedom, Scottsdale, AZ.

For COLLEEN CONCANNON, in her official capacity as member of the Arizona Commission on Judicial Conduct, LOUIS FRANK DOMINGUEZ, in his official capacity as member of the Arizona Commission on Judicial Conduct, PETER J. ECKERSTROM, in his official capacity as member of the Arizona Commission on Judicial Conduct, GEORGE H. FOSTER, in his official capacity as member of the Arizona Commission on Judicial Conduct, J. TYRELL TABER, in his official capacity as member of the Arizona Commission on Judicial Conduct, LAWRENCE F. WINTHROP, in his official capacity as member of Arizona Commission on Judicial Conduct, GUSTAVO ARAGON, Jr., in his official capacity as member of the Arizona Commission on Judicial Conduct, ROGER BARTON, in his official capacity as member of the Arizona Commission on Judicial Conduct, Anna Mary Glaab, S' LEE HINSHAW, in his official capacity as member of the Arizona Commission on Judicial Conduct, DAVID STEVENS, in his official capacity as member of the Arizona Commission on Judicial Conduct, Defendants - Appellees: Charles Arnold Grube, Assistant Attorney General, Arizona Attorney General's Office, Phoenix, AZ; Paula S. Bickett, Esquire, Chief Counsel, Arizona Attorney General's Office, Phoenix, AZ.

For MARET VESSELLA, Chief Bar Counsel of the State Bar of Arizona, Defendant - Appellee: Kimberly Anne Demarchi, Attorney, Lewis Roca Rothgerber LLP, Phoenix, AZ.

For Conference of Chief Justices, Amicus Curiae: Igor Victor Timofeyev, Esquire, Attorney, Paul Hastings LLP, Washington, DC.

For BRENNAN CENTER FOR JUSTICE AT NYU SCHOOL OF LAW, ARIZONA JUDGES' ASSOCIATION; AMERICAN JUDICATURE SOCIETY; JUSTICE AT STAKE; and CAMPAIGN LEGAL CENTER, Amicus Curiae: Randolph S. Sherman, Kaye Scholer LLP, New York, NY.

OPINION

Page 1000

ORDER

THOMAS, Circuit Judge.

Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a) and Circuit Rule 35-3.

Judges McKeown and Murguia did not participate in the deliberations or vote in this case.


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