Judge accused of violating code of judicial conduct in death penalty case

LITTLE ROCK (KATV) — Formal charges have been filed against Pulaski County Circuit Judge Wendell Griffen, according to the Arkansas Judicial Discipline and Disability Commission.

Griffen is accused of violating the code of judicial conduct while handling the death penalty case last year.

The allegations say the judge participated in a death penalty protest after ruling the state Department of Correction could not administer an execution drug after a pharmaceutical company questioned whether it was obtained through the proper channels. The Arkansas Supreme Court later barred him from hearing death penalty cases.

Although Griffen had told the commission he was exercising his right to religious expression in the demonstration, the commission argues he had an obligation to dismiss himself in death penalty cases.

A special counsel from Mississippi brought the case in front of an investigation panel, which found probable cause to proceed.

It now will go before the Arkansas Judicial Discipline and Disability Commission, which will hear the charges.

If the allegations are proven, it could result in "public discipline up to and including removal from office."

Attorney Mike Laux, who is representing Griffen, sent a response to the formal charges on Friday, saying:

Judge Griffen and his counsel can only shake their heads at today's JDDC announcement.

Special counsel in charge of the JDDC case against Judge Griffen told me nearly a month ago that the investigation was complete and charges against Judge Griffen would be approved. She asked if I would accept service on behalf of Judge Griffen, which I agreed to do. When I subsequently questioned counsel about major issues with her review, and the lack of effort I perceived attending to this review, she quickly became hostile and hung up on me, causing me to memorialize on May 16 our discussion via email to her. The attached emails reflect these email communications.

The JDDC, through special counsel, then proceeded to keep Judge Griffen and his counsel in a holding pattern for several weeks before dropping its late Friday afternoon bombshell press release today with no meaningful notice to Judge Griffen or his counsel. This is a deliberate and unfair sandbagging. It is a brazen show of utter disrespect to Judge Griffen.

One of the many tragedies of false claims of "slanted, fake investigations" and "witch hunts" currently emanating from the top is that such self-serving smoke screens trivialize the prevalence and significance of truly partial and vindictive investigations that plague too many majority/minority jurisdictions. Judge Griffen is one of those victims. We will have more to say on Monday.

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Judge accused of violating code of judicial conduct in death penalty case