Vigil sets up clash for state judge, lawmakers

LITTLE ROCK—An Arkansas judge’s repeat of the anti-death penalty demonstration that led to his removal from execution-related cases puts him back on a collision course with Republican lawmakers who have long bristled at his political leanings and numerous rulings against the state. It’ll either lead to an unprecedented impeachment battle or a new line of attack for Republicans in the midterm election campaign.

During a vigil last week to mark one year since Arkansas executed four inmates, Pulaski County Circuit Judge Wendell Griffen lay on a cot outside the governor’s mansion. It was a repeat of Griffen’s demonstration a year ago, when he lay on the same cot the same day he ruled that Arkansas couldn’t use one of its lethal injection drugs.

Though he appeared to depict a condemned inmate awaiting lethal injection, Griffen has said he was portraying Jesus in the tomb. That protest prompted the state Supreme Court to prohibit Griffen from hearing any execution cases and is now the focus of a federal lawsuit Griffen has filed against the court’s justices.

Griffen’s latest demonstration has reopened a fight with some conservative lawmakers who argue that the judge is violating his oath and should be removed from the bench over his actions. At least two lawmakers have called for the judge’s impeachment following the latest demonstration.

“We’re going to impeach him. It’s going to happen. It needs to happen,” Republican Sen. Trent Garner said last week.

Republican Rep. Bob Ballinger, who chairs the House State Agencies and Governmental Affairs Committee, also called for the judge’s impeachment, tweeting: “Our justice system must be fair and impartial, and is no place for activism.”

The protest also follows other recent rulings by Griffen that drew complaints from some Republican lawmakers. They include the judge’s decision to halt the state’s licensing of medical marijuana cultivation facilities and his follow-up opinion that the order wasn’t yet appealable to the state Supreme Court. Last week’s demonstration came a day after Griffen ruled that lawmakers exceeded their authority by passing a law allowing child victims of sexual assault to testify while accompanied by a comfort dog.

The impeachment talk also comes as ethics complaints against Griffen over last year’s demonstration and the judge’s complaint against the state Supreme Court over his disqualification are pending before the Arkansas Judicial Discipline and Disability Commission. A federal judge earlier this month said most of Griffen’s lawsuit against the court’s justices over the disqualification can proceed.

Any impeachment effort faces plenty of obstacles. In order to even begin the process, a resolution supported by at least 34 House members would need to be filed in that chamber. House Speaker Jeremy Gillam last week said he hadn’t talked with lawmakers about impeachment, and the Republican said he’s not ready to endorse any effort like that.

It would also raise questions about the standard lawmakers are setting by focusing on Griffen. The judge’s attorneys have noted that ethical lapses and even criminal complaints against other judges haven’t prompted similar impeachment threats.

Democratic Rep. Vivian Flowers said she doesn’t view Griffen’s demonstration as an impeachable offense and questioned the need for pursuing his removal since the high court has already prohibited him from handling any death penalty cases.

“Aside from him expressing his First Amendment rights as a citizen, this would amount to the Legislature dipping into the business of the judiciary, number one,” said Flowers, who chairs the Legislative Black Caucus. “Number two, it would amount to a very polarizing as well as discriminatory act by the Legislature.”

Republicans could also try to use Griffen’s demonstration as a campaign issue. In tweets condemning the judge over his demonstration, Garner said Democrats could be questioned about whether they support Griffen. The threats also come as business groups and lawyers are preparing for a campaign fight over a proposed constitutional amendment that would give the Legislature control over the court’s rules.

Andrew DeMillo has covered Arkansas government and politics for The Associated Press since 2005.