Posted 1:24 PM by Creditwrench

Judge Wins Court Ruling

By Rob Moritz
arkansas news bureau rmoritz@arkansasnews.com

LITTLE ROCK - The Arkansas Supreme Court on Thursday narrowly overturned a disciplinary panel's admonishment of Court of Appeals Judge Wendell Griffen for speaking out about racial issues at the University of Arkansas.

In the 4-3 decision, the high court said the standard used by the Judicial Discipline and Disability Commission to sanction Griffen "intrudes on legitimate free speech."

Griffen said Thursday that he was "greatly relieved" by the decision.

"This has been a long and a painful and a grueling ordeal, so it's very gratifying to prevail after all the months that I've spent fighting the charges of unethical conduct," he said.

"It's gratifying to prevail, especially knowing that this was an anonymous complaint, apparently because somebody wasn't happy that I criticized the record of the University of Arkansas about racial diversity," Griffen said.

"I'm personally relieved that my record will be cleared," he said.

Justice Robert L. Brown, who wrote the majority opinion, said the judicial-conduct standard used by the commission, known as a canon, "is not sufficiently drawn so as to advise Judge Griffen under what circumstances he might consult with a legislative official on a matter of personal interest."

Arkansas Judicial Canon 4c1 prohibits a judge from appearing at a public hearing before an executive or legislative body or office, except on matters concerning the law, the legal system or administration of justice. The canon also makes exceptions when a judge is acting alone in a matter involving the judge or judge's best interest.

"Because of this, the canon did not place Judge Griffen sufficiently on notice as to what is proscribed as conduct," the decision said.

The decision, however, agreed that the comments Griffen made were offensive to some.

"Without question, there are varying opinions regarding the propriety of Judge Griffen's remarks. The issue, though, is whether his comments constitute an ethical violation, leading to punishment."

The decision continues by saying that "without proof of a 'narrow tailoring' of the exception by the Judicial Commission when the parameters of speech based on conduct are directly involved (the canon) as applied to Judge Griffen, violates his First Amendment rights.

The court encouraged the judicial panel to review the canon and recommend changes, so that in the future there is a standard for governing such conduct.

Griffen was admonished for criticizing the University of Arkansas' record on racial diversity during a meeting last year of the Legislative Black Caucus. He addressed the caucus in Fayetteville after the university's firing of Nolan Richardson as head basketball coach.

Griffen argued that he had expressed his opinion on an issue he has personal interest in when he spoke to the Legislative Black Caucus on March 18, 2002.

Griffen is one of three black judges on the 12-judge Court of Appeals and attended the University of Arkansas.

Griffen also was accused of violating the judicial code against lobbying the Legislature. He urged members of the Legislative Black Caucus to use budgetary purse strings to express their displeasure with what he sees as a lack of progress at the university in diversifying the facility and administration.

Siding with Brown in the majority were Chief Justice W.H. "Dub" Arnold, and Justices Annabelle Clinton Imber and Ray Thornton.

Dissenting were Justices Jim Hannah, Tom Glaze and Donald L. Corbin.

Corbin said the canon is not vague and that Griffen's lobbying of lawmakers "was so egregious that there can be no doubt that it violated the canon."

Hannah also said a judge "may not simply cast aside his or her judicial mantel when he or she chooses and walk in life as other men or women."

"Although Judge Griffen would like to carve out his personal life and separate it from his life as a judge, that simply is not possible," Hanna wrote. "The position of judge is a high calling, and it carries with it obligations not borne by the average person."

Glaze said that if the "judicial branch is to maintain its integrity, it must do so by remaining separate from the legislative and executive branches."

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