U.S. District Judge William Osteen Jr. has declined to pause a state ethics commission’s investigation into North Carolina Supreme Court Justice Anita Earls’ reported comments about lack of diversity in the judiciary and criticism of her colleagues on the bench.

Osteen said Earls can raise her argument that the probe infringes on her free speech rights in the North Carolina Judicial Standards Commission proceedings. Osteen added that the body has an interest in protecting the public’s confidence in the integrity of the judiciary.