House votes in favor of impeachment rules

The Arkansas House on Wednesday adopted its first rules on impeachment, including a rule requiring support from at least a third of the chamber to propose filing articles of impeachment against a sitting official.

The 73-13 vote in favor of House Resolution 1001 overcame mild opposition from Democrats, who accused Republicans of having Pulaski County Circuit Judge Wendell Griffen in their cross hairs.

Several lawmakers have publicly expressed a desire to see Griffen removed from the bench after the judge ruled to halt a series of planned executions and then participated in protests against the death penalty — all in the same day.

Prompted by the Arkansas Supreme Court, the Judicial Discipline and Disability Commission has opened an investigation into Griffen’s actions. Griffen, in turn, filed his own complaint with the commission against the Supreme Court.

After the vote on the rules, representatives were able to go home Wednesday, which also was the end of a threeday special session on health care.

Lawmakers have said they are waiting to see what the commission does in Griffen’s case. Immediately after the vote, several lawmakers said they are not rounding up signatures for a resolution.

Under the newly approved rule, at least 34 representatives in the 100-member House would have to sign on to a resolution to begin the impeachment process.

While the commission does its work, lawmakers will likely start their own informal investigation into Griffen’s actions, said Rep. Bob Ballinger, R-Hindsville.

Ballinger said Wednesday he believes there are 51 representatives ready to impeach Griffen, though they would wait to see whether the commission “does its job.”

“There then is the question,

Several lawmakers have publicly expressed a desire to see Griffen removed from the bench after the judge ruled to halt a series of planned executions and then participated in protests against the death penalty — all in the same day.

are there enough votes in the Senate to get a conviction?” Ballinger said. Article 15 of the state constitution states the House has the power to impeach; the new rules specify a simple majority is required.

The Senate conducts the trial and decides on a verdict. Article 15 requires a twothirds Senate vote to remove an impeached official.

House Speaker Jeremy Gillam, R-Judsonia, presented the rules Tuesday and was open about the timing; he said they were written after “conversations with colleagues” in the Senate following Griffen’s protest.

But Gillam said he’s known about a larger problem for years: The House has had no rules on impeachment, despite having the authority under the state’s 1874 constitution. The House has never impeached anyone.

“I’m not trying to say this is not being done because of Judge Griffen, what I’m saying is, it has to happen regardless,” Gillam said.

Gillam said he should have taken action sooner to write the rules, after the need was brought up before the 2014 resignation of Lt. Gov. Mark Darr over ethics violations.

Rep. Vivian Flowers, D-Pine Bluff, noted lawmakers have had repeated opportunities to write the rules since Darr’s resignation, and failed to try.

“I find it disingenuous to say that this is an extension of that process,” Flowers said. “This is about Judge Griffen.”

Gillam told a reporter he didn’t expect to see proposed articles of impeachment filed this week.

Other Republicans also said nothing was imminent. Rep. Michelle Gray, R-Melbourne, who has expressed interest in succeeding Gillam as speaker, said she would like to hear testimony but has otherwise reserved judgment and would not attach her name to a resolution with articles of impeachment.

The chairman of the House Judiciary Committee, Rep. Matthew Shepherd, R-El Dorado, declined to comment, citing the possibility that such proceedings could be heard in his committee.

During a meeting of the Political Animals Club on Wednesday in west Little Rock, Reps. Clarke Tucker, D-Little Rock, and Mary Bentley, R-Perryville, and Sen. Joyce Elliott, D-Little Rock, said they expect impeachment proceedings against Griffen later this year, while Sen. Jeremy Hutchinson, R-Little Rock, said he didn’t expect them.

Both Tucker and Elliott doubted the Senate would have the votes to convict Griffen, and Tucker said he didn’t know if the House has enough votes to impeach Griffen.

“Will there be proceedings? Perhaps. I am even skeptical about the proceedings. Unless you act quickly, things tend to fade pretty quickly,” said Hutchinson, chairman of the Senate Judiciary Committee.

During a news conference Wednesday, Gov. Asa Hutchinson said he was staying out of the legislative process but has had conversations with lawmakers who asked him for his thoughts.

“I’m certainly not encouraging anything,” Gov. Hutchinson said.