Code of judicial conduct could get overhaul.

THE ARKANSAS CODE OF Judicial Conduct might soon undergo an overhaul.

Revisions are in the pipeline that would alter the code's organization in order to sync up Arkansas' code with the American Bar Association's model code. And Howard Brill, chairman of the task force charged with revising Arkansas' code, said the overhaul, if ultimately approved, will also include three main changes not involving organization:

* What judges and judicial candidates may say about political or legal issues;

* Under which circumstances part-time judges may practice law; and

* Amending the code so that trial judges are not allowed to engage in ex parte communications, even with consent of the parties.

The Arkansas Bar Association's House of Delegates will vote on the proposed changes at the annual meeting to be held later this week in Hot Springs. If passed, the code will go to the Arkansas Supreme Court, which oversees judicial conduct and must approve any changes after a period of public comment.

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Brill said judges and judicial candidates would be granted greater freedoms to express personal opinions under the new code.

"Basically, they can say anything they want," Brill said, stipulating, "but they can't make any pledges or promises about what they might rule on."

Both Brill and Richard Ramsay, president of the Arkansas Bar Association, said the proposed changes were not a reaction to Arkansas Court of Appeals Judge Wendell Griffen, who regularly made headlines for publicizing his views and was defeated last month in his bid for re-election by Pulaski County Circuit Judge Rita Gruber.

"No, absolutely not. It predated the issues with Wendell Griffen, and it was truly because of the Republican Party of Minnesota vs. White ruling," Ramsay said.

The 2002 ruling by the U.S. Supreme Court stated that a code of conduct may not restrict a judicial candidate from making their views about disputed legal or political issues known.

Brill, who is also a law professor at the University of Arkansas at Fayetteville, said under the new code, a judge would not risk an investigation by the Arkansas Judicial Discipline & Disability Commission--as Griffen faced--for comments about issues that would not appear in their court.

In the revised code, judges are now cautioned against making statements that might cause people to question their fairness.

"Before speaking or writing about social or political issues, judges should consider the impact of their statements. Comments may suggest that the judge lacks impartiality," according to the revised code.

Brill said the task force also amended the code to allow part-time judges to practice law, within limits. Arkansas has several part-time judges who also have independent law practices, Brill said. Revisions to the code of conduct say part-time judges may not practice in the courts on which they serve and the part-time judge should not take part in a criminal case in the county in which they serve.

The final change regards the role a judge should play in mediation. The task force reduced the role judges may take in ex parte communications. In the proposed code, judges are no longer permitted to meet separately with parties involved in the proceeding. Brill said the task force decided to delete a section from Rule 2.9, which allowed judges, with the permission of the parties, to meet separately with the groups to "settle matters pending before the judge."

By Mark Hengel

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