WIthout an opinion, the EIghth Circuit denied a petition for rehearing or rehearing en banc filed by Arkaansas Judge Wendell Griffen, who sought review of a July ruling that ordered a federal district court to dismiss all claims he had made against the Arkansas Supreme Court and its justices. CCL represented the court, its chief justice and two of the associate justices in the litigation. The chief judge of the Eighth Circuit did not particpate in the decision, and one judge would have granted the petition.

      Griffen's lawsuit alleged a violation of his constitutional rights when the state supreme court ordered him recused from death penalty cases after he issued an order in one immediately after particpating in an anti-death penalty rally.  Griffen's lawsuit contended that he had a free-speech right to speak out against the death penalty and was religiously compelled to do so, but CCL argued that the due process rights of the litigants took precedence over the judge's rights so that his exercise of those rights did not require that he be allowed to preside over cases in which he had demonstrated potential bias.  The Eighth Circuit agreed and ordered the case dismissed. 

     Counsel for Judge Griffen has indeicated he will seek review of the decision in the U.S. Supreme Court.