Ark. judge who sought free speech voted off bench

An appeals court judge who successfully battled an ethics panel for the right to criticize President Bush and the war in Iraq was voted off the bench Tuesday, six years after his remarks first attracted controversy.

Wendell Griffen, a Baptist minister who joined the state's second-highest court in 1996, lost decisively to a juvenile court judge. His opponent did not discuss Griffen's comments during the campaign but credited them in part for her victory.

"I think it's fair to say that there were a lot of people in the community who were disappointed with the statements he's made over the years," Judge Rita Gruber said.

Griffen blamed the loss on low voter turnout rather than his political remarks, which were all made outside court.

He said: "I would much rather have maintained my integrity and experienced these results than sacrificed my integrity for political expediency. I think my supporters and detractors can agree that Wendell Griffen is a man of integrity. You may not like what he says, but he is not someone who bends according to whatever winds blow."

The Arkansas Judicial Discipine and Disability Commission sought sanctions against Griffen in 2002, after the judge criticized the University of Arkansas' racial diversity in the wake of the firing of popular basketball coach Nolan Richardson.

The judge later criticized President Bush, the war in Iraq and the U.S. response to Hurricane Katrina.

Speaking at a National Baptist Convention meeting in 2005, Griffen said Hurricane Katrina "is just the latest example of the poor functioning of our government."

In defending his right to speak freely, Griffen relied mainly on a U.S. Supreme Court case that struck down Minnesota's limits on free speech rights for judges. Arkansas' court rules were similar to Minnesota's.

The state judicial discipline panel dropped its case against Griffen last year.