Page:Griffen removal order (Kemp dissent).pdf/2

 rallies and after publicly expressing his views about medications used executions. The State sought two types of relief: (1) to vacate the TRO through an extraordinary writ and (2) "to remove Judge Griffen from this case."

This court's per curiam order of assignment states as follows: "To protect the integrity of the judicial system this court has a duty to ensure that all are given a fair and impartial tribunal. We fìnd it necessary to immediately reassign all cases in the Fifth Division that involve the death penalty, or the state's execution protocol, whether civil or criminal. The administrative judge shall be responsible for determining the appropriate division(s) to receive these cases. In addition, this court instructs the Sixth Judicial District to submit a new administrative plan to this court for approval by close of business on Tuesday, April 18, 2017 that reflects the permanent reassignment of all cases referenced above, future cases involving this subject matter, and any other changes in case assignment to ensure all litigants in this district receive a fair and impartial tribunal. Judge Wendell Griffen is referred to the Judicial Discipline and Disability Commission to consider whether he has violated the Code of Judicial Conduct." ''In re Pulaski Cty. Cir. Ct.'', No. 17-155, at 2.

I would reassign Judge Griffen "from this case," McKesson Medical-Surgical, Inc. v. State, No. 60CV-17-1921, Pulaski Cty. Cir. Ct., 5th Div. (Apr. 14, 2017), and I agree with the majority to refer him to the Judicial Discipline and Disability Commission ("Commission") to consider whether he violated the Arkansas Code of Judicial Conduct. See Ark. Jud. Discipline & Disability Comm'n R. 6 (stating that the Commission "shall have jurisdiction over any 'judge' regarding allegations of misconduct").

I disagree with this court's decision to reassign all cases in the Pulaski County Circuit Court, Fifth Division, that involve the death penalty or the State's execution protocol because the Comrnission has not yet investigated any allegations of misconduct against Judge Griffen. Any action taken by the Commission after an investigation of a judge is governed by the Rules of Procedure of the Arkansas Judicial Discipline and Disability Commission.