Federal Judge James Moody Jr. today dismissed a lawsuit filed by a state trial judge against the Arkansas Supreme Court. Declaring that the Eleventh Amendment barred lawsuits against an arm of the state, like the state supreme court, without its consent, the judge dismissed the state high court from the lawsuit. He further held that a state statute intended to protect religious liberty did not constitute a waiver of sovereign immunity to permit other claims against the court to go forward in the case.

     The case was brought by Arkansas Judge Wendell Griffen after the Supreme Court ordered him recused from cases involving the death penalty after he had participated in a public protest on the death penalty and had blogged about capital punishment. At the time of the order, Judge Griffen was presiding over a case in which the death penalty was at issue. The state attorney general made an emergency motion to the Supreme Court, seeking Judge Griffen's recusal.

     Judge Griffen also sued each of the seven justices of the court in their official capacity. The federal judge declined to dismiss the claims brought under federal civil rights law against the justices, stating that he would not consider facts outside the four corners of the complaint at this early stage of the case.

     CCL represents the Arkansas Supreme Court, its chief justice, and two of the other justices, while the remaining justices are represented by other counsel.