Monday, November 4, 2013

Court upholds dismissal of Ark. judge's suit


LITTLE ROCK, Ark. (AP) — A federal appeals court panel has upheld the dismissal of an Arkansas judge's civil rights lawsuit against a judicial disciplinary commission.
 
A three-judge panel of the 8th U.S. Circuit Court of Appeals on Thursday upheld U.S. District Judge Joseph Bataillon's dismissal of Circuit Court Judge L.T. Simes's lawsuit against the Arkansas Judicial Discipline and Disability Commission.
 
Bataillon is a federal judge in Nebraska who heard the case because all Arkansas judges recused.
Bataillon ruled last year that Simes had no pursuable claim because the Arkansas Supreme Court twice refused to remove him from the bench — despite the commission's recommendations.
 
The Supreme Court reprimanded Simes in 2011 over his handling of a lawsuit. Justices suspended Simes in 2009 over a separate complaint, but he but won re-election to his seat.

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Court upholds dismissal of Ark. judge's suit