Judging Wendell Griffen
We happen, reflexively, to be as absolute about free speech as Judge Wendell Griffen. When it says "no law" shall restrict free speech, we think it means "no law." Particularly laws that gag judges. We don't happen to think it's so good for the appearance of an impartial judiciary to have judges spouting off willy nilly, but we also think the cure for intemperate judges in Arkanas is the ballot box.
All this is a long runup to the state Judicial Discipline and Disability Commission's long animus toward the outspoken Griffen and its latest deliberation on whether to discipline him for speaking about the federal government's abysmal response to Hurricane Katrina, among other important topics not under consideration in his court.
Griffen wants an open hearing on the proceeding. The judicial arbiters prefer to work out their prejudices against him in secret. The sun should shine in if he waives confidentiality.
That's our view, anyway.
For a more temperate view, consider our new community blogger, Hog Lawyer, who evaluates the issue today.



Comments
Judge Wendell Griffin is a fine man and a good judge, but he will never make it onto the Supreme Court of Arkansas. Why?
Because he is too outspoken in the media. If he would have been silent on the Richardson issue and on the Katrina issue, he would be the fine "vanilla" candidate we like to elect. But at the same time, that's one of the reasons I really like him, because what you see is what you get.
He is not like other judicial candidates who slink around in the mysterious nothingness of legal reasoning and seek only to smooth feathers rather than buck trends.
Had he been a candidate that only spoke when spoken to, I would have no feeling for him whatsoever, but now that I know him and disagree at times with him, I like him all the more because he seems to be the type of human that I want on the bench. Someone who does not pretend to be disinterested, someone who does not pretend to be non-partisan, but instead, someone who has accomplished great things in life and is willing to share his perspectives.
You cannot reason with an individual who will not share his views with you, you don't share your perspective or give them new information, you just take a deep breath while walking into the courtroom and hope to hell that this judge has partisan opinions and personal inclinations that will help you.
Wendell Griffin can be reasoned with. Why?- because it's obvious to me that he's willing to talk, so it should follow, that if challenged we can pick his brain and discuss.
Posted by: Fireball
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September 13, 2006 04:48 PM
Jim Badami has had a stiff one for Wendell for years, largely because Wendell recognizes Badami as a wannabe judge. Most of Badami's career in Arkansas has been spent lecturing attorneys, legislators, and everyone else who will listen about how he should be treated like a chancery judge. Wendell Griffen refuses to kowtow, and now he's going to the woodshed.
Posted by: dogtownius
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September 13, 2006 05:21 PM
Judge Griffin is a fine man whose community service speaks words about his character. Too bad other judges like to hide behind their robes instead. The law of the land is freedom of speech and if you don't like what you hear then take revenge at the ballot box not in a closed hearing.
Posted by: downtowner
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September 13, 2006 07:23 PM
I agree it should be a public hearing. Mr. Griffen should be afforded every opportunity to keep embarrassing himself every chance he gets.
Posted by: Don Keyhotay
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September 13, 2006 08:22 PM
Damn, Ann Richards died after a long illness.
One of my favorite people.
Sad.
Posted by: BlueRidge
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September 13, 2006 09:50 PM
Damn, Ann Richards died after a long illness. - Posted by: BlueRidge
********
Didn't she used to be a politician? I wonder, who did she lose to in her last election?
Posted by: Don Keyhotay
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September 13, 2006 10:16 PM
It wouldn't have been you DK, if you had been running back then. Seems you'd rather run your mouth than show respect.
Posted by: Jake da Snake
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September 13, 2006 10:33 PM
As I recall, it was some retarded guy . . .
Posted by: dogtownius
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September 13, 2006 10:35 PM
As I recall, it was some retarded guy . . . Posted by: dogtownius
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Ouch - she lost to a retarded guy? That must have really hurt . . .
Gotta admit that she was an entertaining personality though. . .
Posted by: Don Keyhotay
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September 13, 2006 10:39 PM
Seems you'd rather run your mouth than show respect. -- Posted by: Jake da Snake
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Gee, that would make me like the bulk of the participants on this blog. I guess that kinda makes us all brothers and sisters . . . so to speak.
Posted by: Don Keyhotay
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September 13, 2006 10:43 PM
Well, Brother DK,
You were closer to the truth about yourself and myself when you said, "should be afforded every opportunity to keep embarrassing himself every chance he gets."
The thing to note about Griffen is that he is having to put up with the embarassment of those who dislike him. I have seen him speaking at length to my high school students about the choices they have in life. He is not afraid to take a stand, works tirelessly to help the community, and has been happy to challenge those who wish to keep him down. He is a charismatic leader and has a vitality and vigor of men half his age.
Yes, he is outspoken. But, hey, this is America, land of the free and home of the brave. Griffen is definitely both of those and a great citizen, to boot.
Posted by: Jake da Snake
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September 13, 2006 11:03 PM
Don't mess with my Hero. Ann Richards was a tremendous Lady. It was an exciting time to live in Texas when she was Gov. She turned Texas politics upside-down. I voted against Bush when he beat her and have been voting against him ever since.
Posted by: flyonthewall
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September 13, 2006 11:07 PM
Don Keyhotey,
I am a Christian woman and a good person. It takes a lot to rile me up. You, sir, have succeeded.
Fuck your arrogant, smug, smirky, disrespectful comments.
Ann Richards was a great lady.
Posted by: BlueRidge
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September 13, 2006 11:20 PM
I am a Christian woman and a good person. . . It takes a lot to rile me up. You, sir, have succeeded.
Fuck your arrogant, smug, smirky, disrespectful comments. - Posted by: BlueRidge
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Now, now little lady. You make me sound like Ms. Richards - arrogant, smug, smirky and disrespectful. But then she was a consummate politician, and me, well, I'm not.
So, simmer down, launder your language a little and don't go to bed angry. Tomorrow will be a better day.
Posted by: Don Keyhotay
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September 13, 2006 11:49 PM
Well, Brother DK,
He is not afraid to take a stand, works tirelessly to help the community, and has been happy to challenge those who wish to keep him down. He is a charismatic leader and has a vitality and vigor of men half his age. . .Yes, he is outspoken. -- Posted by: Jake da Snake
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Brother Jake:
I agree with a lot of what you said. Mr. Griffen is a charismatic and outspoken personality. Very intelligent, eloquent and tireless when he gets wound up.
Unfortunately, he too often motors down the rhetorical highway so fast that he runs off the road and plows full-speed into the ditches of racial animosity. We don't need judges with racial chips on their shoulders.
If these were isolated instances, I could be supportive of him. But they're not. So I'm not.
Posted by: Don Keyhotay
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September 14, 2006 12:05 AM
Governor Richards, if you don't mind...Don K.
Yeah, George W. Bush beat her...so?
You don't have to abandon your party to stick to your responsibility...
...George W. Bush is, well, The Dubster...or The Shrubster...or The "He-He"-ster...or just a dumb guy with some money and connections...
...but he's our President...and thanks for your vote.
I'd better get a beer...
Posted by: rosso
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September 14, 2006 12:16 AM
Governor Richards, if you don't mind...Don K. . . .I'd better get a beer. . .- Posted by: rosso
*******
Governor Richards it is. (Of course, it would be a bit much to ask our fellow bloggers to extend the same courtesy to our current president).
I would join you in a beer but that makes me mellow after midnight - maybe you could share one with BlueRidge to help her chill. . .
Posted by: Don Keyhotay
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September 14, 2006 12:35 AM
Yes, Don K...President Buh...wait...President Bwah...ahem! President Botch...damn!
Ahem...President Bush. Okay...said it...
But you're on your own with BlueRidge...
Posted by: rosso
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September 14, 2006 12:48 AM
No matter how endeavorus
You will neverus
Be as cleverus
As our Severus
Is he an Anonymo-us?
Posted by: Jake da Snake
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September 14, 2006 06:56 AM
The State Judicial and Disability Commission is, for the most part, just another good-old-boy's club that protects crappy (and often law-breaking judges). It's one thing to arbitrate strictly judicial matters behind closed doors, it's another to set up an entirely different accountability processes for powerful people (kind of like docs judging other docs behind closed doors except docs are, at least, private entities).
It's pure hypocrisy and arrogance for this gang to go after Judge Griffen on this matter considering all the secretive hand-slapping they're handed out to law-breaking judges throughout the years.
Ann Richards and Molly Ivan almost make up for Texas producing our current monkeyboy prez...oh wait...dubya's just another northeastern blue blood who's faking his southern roots.
Posted by: zelda
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September 14, 2006 08:41 AM
oops
...that protects crappy brethren
Posted by: zelda
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September 14, 2006 08:44 AM
Both Badami and Griffin have their good points. It is obvious that Badami has it in for Wendell and it is obvious that Wendell goes out of his way to push the limit. The issue is the constitution and it is clear that many of the provisions of the judicial ethics code run counter to that document. It is the enforcement of the code that is the problem. If it were only advisory there would be no problem. It is when a judge is faced with the possiblity of administrative replacement or humiliation that the constitutionality becomes important. There are times that we as citizens have a constitutional right to do something but an ethical duty to refrain.
Posted by: FortSmithBoy
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September 14, 2006 09:17 AM