The charges also involved some nonpolitical bad conduct in a dispute with court personnel (omitted from the excerpts below), and also out-of-court public advocacy for and against political candidates, which are also forbidden by Utah judicial ethics rules. Judge Kwan challenged most of the out-of-court commentary charges (but not the charges based on in-court speech) on First Amendment grounds; but the court concluded that Judge Kwan's objections hadn't been raised in time (see below), and that in any event the suspension would be warranted even if the charges were limited to the ones that Judge Kwan acknowledged were constitutionally permissible.

Here's an excerpt, from In re Kwan (Utah May 22):

This judicial discipline proceeding requires us to decide the appropriate sanction for a judge who has engaged in repeated misconduct. Judge Michael Kwan [of the Taylorsville justice court] acknowledges that he violated the Utah Code of Judicial Conduct when he made seemingly shirty and politically charged comments to a defendant in his courtroom…. Moreover, in response to questions at oral argument, Judge Kwan conceded that an online post critical of then-presidential candidate Donald Trump also violated the code of conduct. But Judge Kwan argues that the six-month suspension the Judicial Conduct Commission (JCC) recommends is inappropriate. He claims that sanction rests, in part, on an unlawful attempt to regulate his constitutionally protected speech, and he asserts that a less severe penalty is all that is warranted…. In January 2017, while presiding over a hearing, Judge Kwan launched into an exchange with a defendant that appeared to demean the defendant and included political commentary regarding President Trump's immigration and tax policies: "Judge: So, what happened with your fine payments? "Defendant: So, I, just, live paycheck to paycheck …. "Judge: Ok. So, when you set up the pay plan you were hoping you would have the money and it didn't pan out that way? "Defendant: And I did not call, but I plan on when I get my taxes to just pay off all my court fines, because I cannot end up in jail again for not complying. "Judge: You do realize that we have a new president, and you think we are getting any money back? "Defendant: I hope. "Judge: You hope? "Defendant: I pray and I cross my fingers. "Judge: Ok. Prayer might be the answer. 'Cause, he just signed an order to start building the wall and he has no money to do that, and so if you think you are going to get taxes back this year, uh-yeah, maybe, maybe not. But don't worry[,] there is a tax cut for the wealthy so if you make over $ 500,000 you're getting a tax cut. You're right[ ] there[,] right? Pretty close? All[ ]right, so do you have a plan? Other than just get the tax cut and pay it off?" [Footnote: Judge Kwan contends that this was intended to be funny, not rude. It is an immutable and universal rule that judges are not as funny as they think they are. If someone laughs at a judge's joke, there is a decent chance that the laughter was dictated by the courtroom's power dynamic and not by a genuine belief that the joke was funny.] …

[The Judicial Conduct Commission] alleged that Judge Kwan's in-court political statements violated rules 1.2, 2.8, and 4.1. See Utah Code J. Conduct R. 1.2 (2017) ("A judge … shall not undermine … public confidence in the independence, integrity, and impartiality of the judiciary and shall avoid impropriety and the appearance of impropriety."); id. 2.8(B) ("A judge shall be patient, dignified, and courteous to litigants, … court staff, … and others with whom the judge deals in an official capacity …."); id. 4.1(A)(10) ("Except as permitted in this Canon, a judge … shall not … make any statement that would reasonably be expected to affect the outcome or impair the fairness of a matter pending or impending in any court ….")….. [The court concluded that the in-court statements violated these rules, and went on to say:] [E]ven if we only include the statement Judge Kwan concedes can be constitutionally regulated, the record before us merits a six-month suspension without pay. Suspension without pay is a particularly significant penalty that carries substantial consequences. But given the record before us, it is the appropriate penalty. And six months is an appropriate term. A lesser period would fail to adequately address the degree to which Judge Kwan has varied from our judicial code, the repeat nature of Judge Kwan's conduct, his disregard of the specific guidance and former discipline he has received, and the importance of the principles his conduct has trampled…. [E]very time a judicial officer engages in misconduct, he or she spends the goodwill of the judiciary as a whole. Here, we readily conclude that Judge Kwan has been spending our goodwill. As Judge Kwan admits, his in-court political comment regarding President Donald Trump violated Utah Code of Judicial Conduct Rules 1.2 and 2.8. This comment continues a pattern of behavior that led to our first public reprimand of Judge Kwan, following his in-court reference to sexual conduct and a former president of the United States. And it demonstrates an ongoing failure to exercise appropriate judgment and restraint when making statements during judicial proceedings…. Finally, Judge Kwan concedes that he posted online commentary in violation of the Utah Code of Judicial Conduct. As Judge Kwan acknowledged before this court, at least one of his online comments criticized then-presidential candidate Donald Trump in violation of rule 4.1(A)(3). See id. 4.1(A)(3) ("Except as permitted in this Canon, a judge … shall not … publicly endorse or oppose a candidate for any public office …."). "An independent, fair and impartial judiciary is indispensable to our system of justice." Id. Preamble. By criticizing a political candidate for office, Judge Kwan engaged in conduct that would appear to a reasonable person to undermine his independence or impartiality, in violation of rules 1.2 and 3.1. See id. 1.2; id. 3.1(C) ("[W]hen engaging in extrajudicial activities, a judge shall not … participate in activities that would appear to a reasonable person to undermine the judge's independence, integrity, or impartiality …."). While Judge Kwan's comments addressed a candidate for national political office, and Judge Kwan may not decide national-scale issues as a justice court judge, those issues may still bear, or appear to bear, in some respects on questions that arise in his courtroom. Or cause those who disagree with Judge Kwan's politics to believe that they will not receive a fair shake when they appear before him. But the problem here is not primarily a concern that Judge Kwan has voiced his views on a range of political issues via his criticisms of Donald Trump. Far more importantly, Judge Kwan has implicitly used the esteem associated with his judicial office as a platform from which to criticize a candidate for elected office. Fulfillment of judicial duties does not come without personal sacrifice of some opportunities and privileges available to the public at large. And as a person the public entrusts to decide issues with utmost fairness, independence, and impartiality, a judge must at times set aside the power of his or her voice—which becomes inextricably tied to his or her position—as a tool to publicly influence the results of a local, regional, or national election….

The charges against Judge Kwan also involved political advocacy outside court, which is also forbidden by Utah judicial conduct rules; Judge Kwan argued that these prohibitions violated the First Amendment, but the court concluded that Judge Kwan hadn't raised those arguments at the right time: