Judge who criticized university's lack of diversity claims rights violated

By The Associated Press

12.18.02

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LITTLE ROCK, Ark. — An Arkansas appeals judge who was admonished for criticizing a lack of racial diversity at the University of Arkansas has filed a federal lawsuit that argues his right to free speech was violated.

Judge Wendell Griffen of the state Court of Appeals asked a federal judge on Dec. 16 to declare that the letter of admonition he received from a state panel that disciplines judges, as well as the procedure the panel used, were unconstitutional.

The state Judicial Discipline and Disability Commission's 4-3 vote Nov. 15 followed a probable cause hearing in which Griffen argued that his comments at a public hearing were permitted by state judicial canons and protected by the U.S. Constitution.

"I hope my case will firmly establish that Arkansas judges have the right to speak in public about issues on which we have been personally involved," the judge said Dec. 16.

While no judge should speak publicly about cases pending before them, Griffen said, "no person in this society should fear punishment for speaking out on issues of personal interest. The First Amendment applies to judges like it does to everyone else."

James Badami, the commission's executive director, said he had not seen the lawsuit and would not comment without first reading it.

Badami was named as a defendant, along with Assistant Director Frank J. Wills and other members of the panel.

The judicial discipline commission issued its mildest sanction to Griffen, who is black, for criticizing the University of Arkansas' record on racial diversity during a March public hearing conducted by the Legislative Black Caucus.

The commission dismissed a second allegation that Griffen violated the judicial code of conduct in criticizing the university's firing of the school's first black head basketball coach, Nolan Richardson, in March.

Griffen said he has written and lectured on racial diversity in higher education in Arkansas and across the country, and has been involved in the issue at the university for more than a decade.

At the hearing, Griffen accused his alma mater of losing ground in recruiting and retaining black students, and for what he said was a lack of progress in hiring and promoting black faculty and staff.

The commission acted on an anonymous complaint against the judge. No one testified that his appearance or comments at the hearing were unethical.

UA law professor Morton Gitelman testified on Griffen's behalf, citing cases from several jurisdictions in which courts have ruled that judges are not prohibited from speaking out on issues of public concern that are not issues that will come before their courts.

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