LITTLE ROCK, Ark. -- Saying judges have free speech rights, the Arkansas Supreme Court ruled that a state panel was wrong to reprimand a judge who criticized the University of Arkansas at Fayetteville over alleged discrimination against blacks.
The high court said the rule the Judicial Discipline and Disability Commission cited to punish Judge Wendell L. Griffen is too vague and "intrudes on legitimate free speech." The rule is aimed at curbing lobbying by judges.
Griffen spoke at a March 2002 hearing before the Arkansas Legislative Black Caucus, during which he said: "Most of the academic departments within the University of Arkansas have never employed a black faculty member, let alone one who held tenure." He said a review of university hiring policies was overdue.
The commission concluded last November that Griffin was lobbying the Legislature and put an "admonishment" on his record. But the state Supreme Court found that Griffen "was speaking on a non-legal subject, which constituted one of his interests -- that is, racial discrimination at the university." Griffen is black and graduated from the university.
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