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Appeals Court contenders cite differences Sunday, May 11, 2008 By Doug Thompson Arkansas News Bureau FAYETTEVILLE - One of the state's most outspoken judges faces a challenge in his bid for re-election to the state Court of Appeals in the May 20 non-partisan judicial election. Two other appeals court races for open seats feature younger candidates claiming more relevant experience against their older opponents. Some voters may be wondering what all the fuss is about, one candidate said. "The biggest question I get asked is, 'Appeals Court? What's that?'" said Pine Bluff District Judge Waymond Brown, who faces Pine Bluff attorney Eugene Hunt for the District 7 position on the court. "We haven't had a contested appeals court race in many years. They're eight-year terms, and they've rarely been contested when an opening came up," Brown said. The Court of Appeals, created in 1978 to take some of the caseload from an overburdened state Supreme Court, consists of 12 judges elected from seven districts. Judges serve eight-year terms. Two seats on the Supreme Court also are up for election this year. Chief Justice Jim Hannah and Justice Paul Danielson are unopposed for re-election. The only incumbent in the three contested races is Judge Wendell Griffen, perhaps known more for his pronouncements from the podium than from the bench during 12 years on the court. He faces Pulaski County Circuit Judge Rita Gruber for District 6, Position 1 on the court, which covers Pulaski, Perry and Saline counties in Central Arkansas. In Northwest Arkansas, attorneys Courtney Henry of Fayetteville and Ron Williams of Springdale are running for District 3, Position 2 being vacated by Judge Sarah Hefley, who was appointed to the court following the death of Judge Terry Crabtree. The position consists of Benton, Carroll, Crawford, Franklin, Johnson, Madison and Washington counties. Brown and Hunt face off in Southeast Arkansas to replace Judge Brian Miller, who won U.S. Senate confirmation last month for a federal judgeship. The district consists of Arkansas, Chicot, Desha, Jefferson, Lee, Phillips and St. Francis counties. Griffen, 55, of Little Rock, was appointed to the appeals court by then Gov. Mike Huckabee in 1996 and was elected to a seat in 2000. He lost races for the state Supreme Court in 2004 and 2006. Griffen has gone against the grain, speaking his mind publicly on current affairs, and has not been deterred by numerous complaints of conduct unbecoming a judge for being outspoken. An official admonishment from the state panel that disciplines judges was overturned by the state Supreme Court. Last year, the state Judicial Discipline and Disability Commission dropped a complaint initiated against Griffen for, among other things, calling the Bush administration's slow response in the aftermath of Hurricane Katrina flooding in New Orleans "racist" and publicly endorsing efforts to raise Arkansas' minimum wage. Griffen insists that judges don't cease to be citizens and that his off-the-bench remarks about matters not likely to come before the court are protected by the First Amendment. "I have been one of the most productive members of the court, and any controversy has not deterred me from getting the people's work done," said Griffen, who has authored 2,680 opinions in eight years as judge, court records show. Gruber, 57, of North Little Rock, does not argue that experience is vital. She has served on the bench 17 1/2 years. Voters should have an alternative, according to Gruber, who said she has a proven trial record and has "always put my job first." Though judgeships in Arkansas are non-partisan, both Henry and Williams are politically well-connected in Northwest Arkansas. Henry is the daughter-in-law of Morris and Ann Henry, both longtime supporters of Bill and Hillary Clinton, and also has such prominent Republicans as Dick Barclay of Rogers, a former legislator and state chief fiscal officer, and retired Congressman John Paul Hammerschmidt of Harrison on her campaign committee. Williams is the father-in-law of former state Rep. Tim Hutchinson, son of former U.S. Sen. Tim Hutchinson. Williams has been endorsed by the ex-senator's brother, Asa Hutchinson, himself a former congressman and federal Department of Homeland Security undersecretary who lost a race for Arkansas governor in 2006. Williams, 59, cites his 33 years experience as a practicing attorney, having worked for Wal-Mart, among other clients. Henry, 35, who served eight years as a staff attorney on the Court of Appeals, said her experience is more relevant in appellate law. "She worked as a clerk," Williams said. "If I were hiring a new attorney, she'd be a good prospect, but I don't think you ought to go from being a clerk to a judge." But Henry said she was hired as an attorney and, because of her experience in working directly for the appeals court, an attorney "experienced and trained to do this job." Brown, 39, said he has been a judge and Hunt has not. Hunt, 62, noted his work as an attorney in landmark cases such as the 1989 Hunt vs. Clinton decision that forced the redrawing of circuit judge districts in Arkansas to give blacks a better chance of being elected to the bench. "I bring experience, maturity and a commitment to justice," Hunt said. Judicial elections coincide with the May 20 party primaries. Any runoff would be held during the Nov. 4 general election. |
