High court says open judge's ethics hearing
Case involves potential violations of judicial canons
Last updated Thursday, January 25, 2007 7:06 PM CST in News
By Rob Moritz
The Morning News
LITTLE ROCK -- A state appeals judge's hearing before a judicial panel considering whether his public comments violated judicial canons should be open, the state Supreme Court ruled Thursday.
State Court of Appeals Judge Wendell Griffen petitioned the high court to order the state Judicial Discipline and Disability Commission to open a hearing on Griffen's conduct in speaking out publicly on a number of issues, including the Iraq war and the state minimum wage.
The discipline committee planned to hold the hearing behind closed doors. Griffen waived his right to confidentiality and argued closing the hearing would not serve the public interest.
"We conclude that Judge Griffen is correct under the facts of this case, where he has waived confidentiality, and where judicial discipline may be imposed, the formal-cause meeting should be open to the public and the news media," the Supreme Court said Thursday in a unanimous decision.
"Hallelujah," Griffen said about the decision. "My prayers have been answered and I am thankful because this is the way a democracy is supposed to work, in the open, and I am just glad the Supreme Court firmly said so."
He said he looked forward to the commission scheduling a probable cause hearing "so I can publicly clear my good name and demonstrate that none of this should have been brought forward."
The judicial discipline committee originally scheduled the hearing for Jan. 19, but the Supreme Court stayed the meeting after hearing oral arguments on Griffen's petition.
Jim Badami, executive director of the commission, said Thursday the hearing was tentatively rescheduled for March 16.
Badami said the commission appreciated the court for clarifying the commission's rules for holding hearings.
The commission is investigating whether public comments Griffen made in support of raising the state minimum wage, and in opposition to the Iraq war, President Bush's nomination of Judge John Roberts to the U.S. Supreme Court and the federal response to Hurricane Katrina, violated the judicial code.
On Jan. 11, Griffen, a Baptist minister and parliamentarian of the National Baptist Convention, argued before the Supreme Court he had the right to associate with religious people and speak on important matters. Some of his comments being scrutinized were made during a speech to a Baptist convention in Atlanta.
Commission lawyer Jay Wills countered the Jan. 19 probable cause hearing should be closed to protect the identity of any witnesses and to protect the integrity of the judicial process.
In Thursday's ruling, Justice Robert L. Brown wrote the Supreme Court was troubled by some of the commission's arguments for keeping the meeting closed.
The commission failed to give specific reasons for closing the meeting during oral arguments, Brown wrote. Also, the commission referred to the meeting as a probable cause hearing, yet said Griffen could be admonished.
"Making an admonishment or other required adjustment of the judge's conduct a potential result of a private probable-cause meeting adds a new dimension to the proceeding and appears to this court to militate in favor of openness, should the judge desire it," Brown wrote.
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