End legislative talk
of impeaching circuit judge
Complaint is made that in a recent judicial proceeding Circuit Judge Wendell Griffen made a ruling then on the same day engaged in subsequent conduct, arguably protected by the First Amendment, but which may call into question his impartiality.
What has followed is repeated threats by certain legislators that Judge Griffen should be impeached. Talk of impeachment should be abandoned. Though the Arkansas Constitution adopted in 1874 contains an explicit provision authorizing the Legislature to impeach any elected official "for high crimes and misdemeanors, and gross misconduct in office" (Article 15-1), it would be worth asking what the circumstances are when our Legislature has exercised this authority in the past. The answer would be none. It never has. Why is that?
At least as related to judges, it is most likely due to the people's adoption of Amendment 66 in 1988, which created the Judicial Discipline and Disability Commission and charged it with the specific responsibility to investigate complaints against judicial officers, to assess whether the Code of Judicial Conduct had been violated and to make recommendations to the Arkansas Supreme Court regarding any discipline that may be due, including removal from office.
By all accounts, the commission has admirably discharged its obligations in a non-partisan fashion, as has the Supreme Court. An examination of the commission's website reveals that year after year it provides informed expertise to assure Arkansas' citizenry of a fair and impartial judiciary. The commission and the justices of the Supreme Court should be allowed and encouraged to do their jobs in the professional manner expected of them, free of the specter of legislators standing over their shoulders threatening to nullify their relevance.
The legislators argue their motives are to cleanse the judiciary of a bad actor. Their threat, however, undermines the commission and the entire judicial branch by suggesting, at least by implication, that the third branch of government is not up to the job of policing its members. Such an attack is unwarranted. Just as importantly, the premature comments seem to ignore that Judge Griffen is entitled to meaningful due process before the result is determined adverse to him.
It is noted that the legislators speaking out are among the same voices waging a general attack on the separation of powers between the legislative and judicial branches. In what has been described as an arrogant "power play" (see Northwest Arkansas Democrat-Gazette editorial of May 24) the Legislature has recently referred Senate Joint Resolution 8 to the people whereby the legislative branch seeks to assume for themselves rule-making authority for the courts, which has long been determined to be the proper role of the judiciary. Members of the Legislature should step back and be reminded that their newly found majority status does not warrant undermining the structural foundation of our government.
No more talk of impeachment, please.
Jon Comstock
former circuit judge
Rogers
Commentary on 05/27/2017