LITTLE ROCK The re-election bid of an outspoken judge who has battled with an ethics panel over his right to speak out about issues and an expensive battle between two politically connected northwest Arkansas attorneys highlight Tuesday's non-partisan judicial races.
Three races for seats on the 12-member court of appeals appear on the ballot for Tuesday's elections, which also include party primaries. Arkansas Supreme Court Chief Justice Jim Hannah and Justice Paul Danielson are unopposed for re-election.
Judge Wendell Griffen faces Pulaski County Circuit Judge Rita Gruber in the race for District 6, Position 1 on the court. That district takes in Pulaski, Perry and Saline counties.
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 district consists of Benton, Carroll, Crawford, Franklin, Johnson, Madison and Washington counties.
Jefferson County District Judge Waymond Brown is running against Pine Bluff attorney Eugene Hunt for District 7, which consists of Arkansas, Chicot, Desha, Jefferson, Lee, Phillips and St. Francis counties.
Unlike his unsuccessful runs for the state Supreme Court in 2004 and 2006, Griffen is not focusing on the issue that's gained him the most notice lately his battles with the Judicial Discipline and Disability Commission over the rights of judges to speak out.
Griffen, 55, had tangled with the commission over his public remarks since 2002. The case dropped last year was brought over remarks he made in 2005 and 2006. Issues Griffen spoke out on included the Bush administration's handling of Hurricane Katrina's aftermath, the minimum wage, the war in Iraq, and critics of immigrants and gays and lesbians.
Shortly after the commission hired a new director, David Stewart, the relationship between the judge and the commission began to warm up. Two days before the panel dropped its charges against Griffen, Stewart said he believed the case had helped to clarify judges' free-speech rights.
Griffen, who was appointed to the court by then-Gov. Mike Huckabee in 1996 and elected to the position in 2000, said he's focusing on his 12 years of experience handling appeals cases. He said there's no need for him to bring up his battles over the free speech of judges.
"Shoot, I won," Griffen said. "There's no reason for me to put my thumb in anybody's eye. We fought that battle and I won the battle."
Gruber, who has raised more campaign money than Griffen, said she's not bringing up Griffen's outspokenness and doesn't see it as an issue in the campaign. She said she's focusing on her 17 years of experience as a judge. Gruber said she'd like the court to shorten the time it takes to make decisions, particularly in cases involving juveniles and foster care cases.
The northwest Arkansas race between Henry and Williams has somewhat overshadowed Griffen's re-election bid, drawing as much money as it has big names to the race.
Campaign finance reports filed last month show Henry has raised $136,448 and spent $80,567. That eclipses the $14,150 that Williams has raised and the $9,876 he's spent.
Henry, 35, points to the endorsements she's received from former Democratic Sen. David Pryor and former Republican congressman John Paul Hammerschmidt as an indication of the bipartisan support she's received for the appeals court post.
"The voters have asked for these races to be nonpartisan and that's what I've tried to do as a candidate," Henry said.
Williams, the father-in-law of former Republican state Rep. Timothy Hutchinson, has also touted the support of former Republican congressman Asa Hutchinson, Timothy's uncle.
Henry has targeted Williams for hiring Jim Holt, a former Republican state senator who ran unsuccessfully for lieutenant governor in 2006. Holt, who is being paid by Williams' campaign through a consulting firm, sent an e-mail in March urging supporters to help prevent homosexuals from adopting children but to also make contributions to Williams' judicial campaign.
Williams wouldn't say whether he agreed or disagreed with Holt's e-mail, but said he didn't authorize Holt to send it on behalf of the campaign.
"It's not right or wrong. I'm just saying I wish he had asked me before he sent it out," Williams said. "Whether he's right or wrong isn't something I'm going to answer."
In the District 7 race, Brown has touted his eight years of experience on the bench as a reason voters should support him. Brown and Hunt are running to replace Judge Brian Miller, who has been confirmed for a federal judgeship by the U.S. Senate.
"I'm the only person in this race with actual judicial experience," said Brown, 39. "It's the judge of the judges, so who would be better for this than a judge?"
Hunt, 62, who has been an attorney for 35 years, says his experience handling cases in areas such as employment discrimination and race discrimination make him qualified for the bench.
"I think the court can indeed be assisted and helped in a higher level than me simply being involved in the practice," Hunt said.
Tuesday's races also feature two legislators seeking circuit judge spots. Sen. Shawn Womack, R-Mountain Home, is running for a circuit judgeship covering Baxter, Boone, Marion and Newton counties against Gail Inman Campbell and Chris Carter. Rep. Earnest Brown, D-Pine Bluff, is seeking a circuit judgeship covering Jefferson and Lincoln counties, running against Maxie G. Kizer.
Former Saline County Prosecutor Robert Herzfeld, who ran unsuccessfully for the Democratic nomination for attorney general in 2006, is running for a circuit judge position in Saline County against Paul White and Hayward Battle.