Free Speech and Tainted Justice: Restoring the Public's Confidence in the Judiciary...

Abstract

This Note examines the impact of deregulated speech by judicial can-didates on the public’s confidence in the judiciary and provides solutions to maintain judicial impartiality. Part I of this Note discusses the historical role played by judicial canons of conduct in preserving due process rights, the dangers associated with their repeal, and their inability to effectively stand alone as the sole regulatory mechanism. Part II discusses the impor-tance of judicial disqualification and recusal in preserving due process rights and the weaknesses associated with the current standards and admin-istrative procedures. Finally, Part III presents solutions intended to preserve the public’s confidence in the judiciary by filling the regulatory void cre-ated by the Court’s decision in White.