Based on a writ of mandamus filed by CCL President Robert S. Peck, the U.S. Court of Appeals for the Eighth Circuit ordered a federal district court to dismiss all claims against justices of the Arkansas Supreme Court in a case filed by a state trial judge challenging an order of recusal.

     Judge Wendell Griffen sued the Arkansas Supreme Court and its justices, claiming that they violated his federal civil rights when they ordered him recused after he had participated in public protests concerning issues in the case and had written blog posts about the issues. Federal District Court Judge James Moody Jr. dismissed the Arkansas Supreme Court as a party on sovereign immunity grounds, but permitted the claims against each of the justices to go forward as at least plausible. 

    Today's ruling said that none of the claims met the plausibility standard because recusal does not exact any harm against a judge, accepting the argument Peck made along with counsel for the other justices. Peck represented Chief Justice John Dan Kemp and Justices Robin Wynne and Shawn Womack in the Eighth Circuit.