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17-155

IN RE PULASKI COUNTY CIRCUIT COURT, FIFTH DIVISION, HON. WENDELL GRIFFEN

April 21, 2017

FILED

APR 21 2017

STACEY PECTOL CLERK

CONCURRING IN PART; DISSENTING IN PART

For the reasons set forth below, I concur in part in and dissent in part from this court's per curiam order, ''In re Pulaski Cty. Cir. Ct., Fifth Div.'', No. 17-155 (Apr. 17, 2017) (assignment order).

On April 15, 2017, the State of Arkansas filed an emergency petition requesting that this court vacate a temporary restraining order ("TRO") filed by Circuit Judge Wendell Griffen of the Pulaski Counry Circuit Court, Fifth Division. Emergency Petition for Writ of Mandamus, Writ of Prohibition, Writ of Certiorari, or Supervisory Writ (Apr. 15, 2017) (No. CV-17-299). Judge Griffen had previously granted the TRO and enjoined the Arkansas Department of Correction from using a drug sold by respondent McKesson Medical-Surgical, Inc. ("McKesson") as part of a lethal-injection protocol used in Arkansas executions.

In its petition, the State contended that Judge Griffen demonstrated "actual bias," that he could not "avoid the appearance of unfairness," and that "his impartiality might reasonably be questioned" in granting the TRO after attending two