Today, CCL filed a Petition for a Writ of Mandamus in the U.S. Court of Appeals for the Eighth Circuit, asking the court to throw out the remaining aspects of a state trial judge's challenge to the recusal order of the Arkansas Supreme Court. The federal appeals court has discretion about whether to take up the writ.

      The case began when Judge Wendell Griffen sued the Arkansas Supreme Court and each of its justices after that court ordered the judge permanently recused after he had participated in political protests and written blog posts related to a case before him. When a party to that action, the State of Arkansas, filed an emergency motion to vacate the temporary restraining order Judge Griffen ordered and sought his recusal, the Arkansas Supreme Court granted the motion.

      Judge Griffen filed a Section 1983 action, asserting a violation of his civil rights, in federal court, relying on freedom of speech, the free exercise of religion, due process, and equal protection. CCL represented the Arkansas Supreme Court, its chief justice, and two other justices. The remaining justices were represented by other counsel. All defendants moved to dismiss. The U.S. District Court dismissed claims against the Arkansas Supreme Court, but found claims against the justices in their official capacities sufficiently plausible that those claims were permitted to move forward. Immediately after the District Court's order, Judge Griffen sought discovery related to the justices' internal deliberations on the recusal motion.

     CCL, on behalf of all defendants, filed the Petition to review the partial denial of the motion to dismiss. It argues that mandamus is an appropriate remedy to prevent disruption of the Arkansas Supreme Court's functions through an intrusive set of discovery inquiries and depositions that are privileged. At the same time, because Judge Griffen has no right to preside over any particular case, his claims fail to state a cause of action.