On October 30, 1984, plaintiff, the campaign treasurer for the Committee to Elect Gerald D. Lostracco, filed a complaint in Shiawassee County Circuit Court seeking an
ex parte preliminary injunction to prevent defendants from engaging in allegedly improper campaign tactics. Both Lostracco and Fox were seeking the office of circuit court judge in Shiawassee County's November 1984 election. Defendants, plaintiffs alleged, had posted signs and published circulars and advertisements which were misleading in that they incorrectly gave the impression that defendant Fox was the incumbent circuit judge. The misleading advertisements stated,
inter alia, “Bruce A. Fox, Shiawassee Circuit Judge”, “Elect Judge Fox to Circuit Court”, “Elect Judge Bruce A. Fox to Circuit Court”, and “Elect Judge Bruce A. Fox Shiawassee Circuit Judge”.
It was alleged that the misleading advertisements violated
M.C.L. § 168.944; M.S.A. § 6.1944, and Professional and Judicial Ethics Opinion No 74 (March, 1941).