Lueck

Lueck v. Nevada Judicial Ethics

Good Law
106 F. App'x 552
United States Court of Appeals for the Ninth CircuitJuly 9, 2004No. 03-15577California1,285 words

Opinion

Lead Opinion

Robert W. Lueck (“Lueck” or “Judge Lueck”) appeals a grant of summary judgment in favor of the Nevada Standing Committee on Judicial Ethics and Campaign Practices (“Standing Committee”). For reasons explained below, we decline to take jurisdiction over this appeal and remand to the district court for proceedings consistent with this decision.

If, as counsel for the Standing Committee represented at argument, the Standing Committee’s factual findings would be binding on further disciplinary proceedings that result from a judicial candidate’s failure to comply with its advisory opinion or imposition of sanctions, then we are precluded from taking jurisdiction by the Rooker-Feldman doctrine. It is simply not within the original or appellate jurisdiction of the lower federal courts to collaterally review state judicial proceedings that “investigate, declare and enforce ‘liabilities as they stand on present or past facts and under laws supposed already to exist.’ ” District of Columbia Court of Appeals v. Feldman, 460 U.S. 462, 479 , 103 S.Ct. 1303 , 75 L.Ed.2d 206 (1983), quoting Prentis v. Atlantic Coast Line, 211 U.S. 210 , 226, 29 S.Ct. 67 , 53 L.Ed. 150 (1908). Lueck’s “as…

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