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The judge then sued in federal court, arguing that his rights were violated by the recusal order. The Arkansas Attorney General moved for the judge's recusal, and the Court granted it, making the reassignment from the cases a permanent one. The judge had sued the state's highest court and its justices, challenging a recusal order issued by the Supreme Court after the judge had participated in two public protests and commented in a personal blog on matters that came before him. Court of Appeals for the Eighth Circuit ordered opposing counsel to file a response in the ongoing litigation between a state trial judge and members of the Arkansas Supreme Court. Share »Ī week after CCL filed a Petition for a Writ of Mandamus, the U.S. In reply, the state trial judge argued that the recusal order amounted to an administrative personnel action against him, but today's brief demonstrated that the Supreme Court order had all the earmarkings of a judicial decision, immune from collateral attack in federal court and that recusal does not diminish or otherwise adversely affect a judge's office. Court of Appeals for the Eighth Circuit, arguing that the case should not be permitted to go forward. A petition for a writ of mandamus was filed in the U.S. District Court dismissed the Arkansas Supreme Court from the action on CCL's motion, but maintained the lawsuit against the justices in their official capacity. CCL represents the Court and three of its justices. The case asserts that a trial judge's civil rights were violated by an order of recusal issued by the Supreme Court. Today, CCL filed a reply brief on behalf of all justices of the Arkansas Supreme Court in support of their petition for a writ of mandamus in Griffen v. It was that motion Judge Moody granted Wednesday. The Eighth Circuit ordered a response from Judge Griffen, and CCL filed a reply brief earlier this week.ĬCL also moved for a stay of discovery during the pendency of the mandamus petition.
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On behalf of all justices, CCL filed a petition for a writ of mandamus in the U.S. In response to motions to dismiss, federal judge Moody dismissed the Arkansas Supreme Court from the action, but permitted the case to continue against the individual justices. CCL represents the court, its chief justice, and two of the other justices. Judge Griffen filed a federal challenge to his recusal, naming the state supreme court and each of its justices as defendants. The pending case was reassigned and the succeeding judge issued an order similar to the one Judge Griffen originally signed prior to his recusal. Upon an emergency petition filed by the state attorney general, the Arkansas Supreme Court issued the recusal order. The Supreme Court of Arkansas, pending a decision by the Eighth Circuit on CCL's petition for a writ of mandamus.Īrkansas trial judge Wendell Griffen challenged his permanent recusal in death penalty cases after blogging and participating in two public protests on the issue and during part of which a case was pending before him. issued an order staying discovery in Griffen v.
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Within a couple of hours of the filing of opposing counsel's brief, U.S. At an evening session, attendees were treated to a conversation between Justice Elena Kagan and former Solicitor General Paul Clement about the workings of the Solicitor General's office, moderated by Duke law dean David Levi. Roberts, Jr., a former law clerk to Judge Friendly, presented the medal to Justice Ginsburg. Friendly Medal for her contributions to the law. In addition to the work of the ALI, Justice Ruth Bader Ginsburg was awarded the Henry J. ALI members are experienced lawyers, judges, and academics. THE ALI publishes the final restatements, which are very influential in the states in how the law might be modernized. In addition, the ALI made further progress on the Restatement on tort liability for economic harm. At the meeting, members debated and approved new Restatements of the Law on Liability Insurance and Intentional Torts to Persons. Peck attended the 2018 Annual Meeting of the American Law Institute in Washington, DC on May 21-22.