Griffen asks for formal recusal motion in Little Rock school case | Arkansas Blog

Tuesday, March 3, 2015

Griffen asks for formal recusal motion in Little Rock school case

Posted By on Tue, Mar 3, 2015 at 1:52 PM

click to enlarge wendell2.jpg

Update on the item this morning that attorneys for the state had written Judge Wendell Griffen asking him to recuse from the lawsuit over the state takeover of the Little Rock School District because of his public statement opposing such a takeover.

The letter was not filed as a formal motion, but said the state would file such a motion if required by the judge. You can see the judge's response above. He asks for a formal motion, but gives no indication of how he might be leaning. He then sets out a 10-day schedule for response and reply.

A formal motion, with supporting arguments, could give Griffen the platform to a) agree with the recusal request or b) offer a disagreement with the proposition.

I'm inclined to predict b) because I think most legal authorities would think a public comment on the merits of a decision challenged before a judge was too great an obstacle to preserving an appearance of impartiality. Most judges would have recused by now.

But that's me.

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