The U.S. Court of Appeals for the Fifth Circuit vacated a district court's dismissal with prejudice Monday in *Umphress v. Hall* and remanded the case, clearing the way for Brian Keith Umphress to proceed with his federal challenge to Texas's State Commission on Judicial Conduct.
The per curiam decision comes after the Texas Supreme Court answered a certified question from the Fifth Circuit regarding Canon 4A(1) of the Texas Code of Judicial Conduct. In *Umphress v. Steel* (Jan. 9, 2026), the Texas Supreme Court responded 'no' to the certified question of whether Canon 4A(1) requires judges to perform same-sex wedding ceremonies, a central issue in Umphress's challenge.
Umphress brought the federal lawsuit against multiple officials of the State Commission on Judicial Conduct, including Chair David C. Hall and Secretary Janis Holt, along with 10 commission members serving in their official capacities: David M. Patronella, Darrick L. McGill, Sujeeth B. Draksharam, Ronald Bunch, Valerie Ertz, Frederick C. Tate, M. Patrick Maguire, David Schenck, Steve Fischer, and Clifton Roberson.
The case originated in the U.S. District Court for the Northern District of Texas, where it was initially dismissed. However, the Fifth Circuit previously reversed that dismissal in a 2025 decision, finding that Umphress had standing to bring his claims and that those claims were ripe for adjudication. The appeals court retained jurisdiction while certifying the crucial state law question to the Texas Supreme Court.
In its earlier ruling in *Umphress v. Hall*, 133 F.4th 455 (5th Cir. 2025), the appeals court panel determined that Umphress's comprehensive challenge to the state judicial disciplinary system presented justiciable federal claims. The certified question centered on whether Texas judicial conduct rules effectively compel judges to perform same-sex marriages, a question with constitutional implications for Umphress's claims.
With the Texas Supreme Court having definitively answered the certified question, Monday's decision to vacate the dismissal with prejudice and remand allows Umphress to return to district court to pursue his federal claims against the judicial conduct commission and its members.