JOSEPH FISCHER; FISCHER FOR SUPREME COURT COMMITTEE; ROBERT A. WINTER, JR. v. HON. KAREN A. THOMAS, HON. R. MICHAEL SULLIVAN, HON. EDDY COLEMAN, HON. JEFF S. TAYLOR, HON. JOE E. ELLIS, and HON. JANET LIVELY MCCAULEY, as Members, Judicial Conduct Commission; JIMMY SHAFFER, as Executive Secretary, Judicial Conduct Commission - Articles

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JOSEPH FISCHER; FISCHER FOR SUPREME COURT COMMITTEE; ROBERT A. WINTER, JR. v. HON. KAREN A. THOMAS, HON. R. MICHAEL SULLIVAN, HON. EDDY COLEMAN, HON. JEFF S. TAYLOR, HON. JOE E. ELLIS, and HON. JANET LIVELY MCCAULEY, as Members, Judicial Conduct Commission; JIMMY SHAFFER, as Executive Secretary, Judicial Conduct Commission

Posted by: Azya Thornton on May 12, 2026

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ARGUED: Casmir M. Thornberry, ADAMS LAW, PLLC, Covington, Kentucky, for the Commission Members.

Attorneys 2: ARGUED: Christopher Wiest, CHRIS WIEST, ATTY AT LAW, PLLC, Covington, Kentucky, for the Candidates.

Attorneys 3: ON BRIEF: Casmir M. Thornberry, Olivia F. Amlung, Jeffrey C. Mando, ADAMS LAW, PLLC, Covington, Kentucky, for the Commission Members. Christopher Wiest, CHRIS WIEST, ATTY AT LAW, PLLC, Covington, Kentucky, Thomas B. Bruns, BRUNS CONNELL VOLLMAR & ARMSTRONG, Cincinnati, Ohio, for the Candidates.

Attorneys 4: ON BRIEF: Bethany A. Breetz, STITES & HARBISON, PLLC, Louisville, Kentucky, for Amicus Curiae.

Judge(s): GRIFFIN, THAPAR, and MURPHY, Circuit Judges

Court Appealed: United States District Court for the Eastern District of Kentucky at Covington

THAPAR, Circuit Judge. Elections have consequences. And when a state decides to elect its judges, the state must comply with the First Amendment. In this case, two former candidates for Kentucky judicial office argue that the state violated the First Amendment when it threatened to sanction them for their campaign speech during a 2022 election. They’re right. So we agree the candidates are entitled to declaratory and injunctive relief.

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