On July 20, the 5th circuit reversed the U.S. District Court and ruled that elected Texas state judges may not be censured for holding a press release and denouncing the actions of a particular lawyer. Jenevein v Willing, 06-50368. The 5th circuit laid stress on the point that Texas state judges are elected in partisan elections.

The Texas Commission on Judicial Conduct had censured Judge Robert Jenevein, but the 5th circuit ordered the Commission to expunge the censure order to the extent that the censure criticized what the judge had said. The judge’s statement was made at a press conference that Judge Jenevein had called. The 5th circuit did said that the Commission on Judicial Conduct was within its rights to censure Judge Jenevein for wearing his judicial robe at the press conference.