FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

RANDOLPH WOLFSON, No. 11-17634 Plaintiff-Appellant, D.C. No. v. 3:08-cv-08064- FJM COLLEEN CONCANNON, in her official capacity as member of the Arizona Commission on Judicial ORDER 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 2 WOLFSON V. CONCANNON 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.

Filed September 26, 2014

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.