The recent rulings in Steinbuch v. Pulaski County Circuit Court addresses the issue of whether a circuit judge can express personal disagreement with the Supreme Court's ruling if doing so could be perceived as biased or disrespectful. The short answer is: No. The Arkansas Code of Judicial Conduct requires Judges to act in ways that promote confidence in the judiciary by avoiding impropriety, applying the law impartially, and refraining from any words or actions that demonstrate bias or prejudice.
Pulaski County Circuit Judge Chip Welch issued an order interpreting a previous Arkansas Supreme Court decision allowing attorneys to carry firearms in courthouses. Judge Welch’s order referred to the Supreme Court’s decision as “LOCO” (implying “crazy”) and attempted to delay implementing the court’s mandate by issuing stays and scheduling further hearings. His actions were perceived as undermining the authority of the Arkansas Supreme Court and demonstrating a lack of impartiality and respect for the judicial process.
Upon review, the Arkansas Supreme Court found that Judge Welch’s language and conduct violated the Code of Judicial Conduct. By labeling the court’s decision in a derogatory manner and attempting to circumvent its mandate, Judge Welch failed to uphold the principles of integrity, impartiality, and fairness required of judges. His actions were deemed to erode public confidence in the judiciary, as they suggested a disregard for the separation of powers and the role of the judiciary in interpreting, not making, laws. Judge Welch defended his actions by citing his right to free speech and his style of vigorous debate. However, the court rejected this defense, emphasizing that judicial conduct must be circumspect and uphold the dignity of the office. The court’s analysis highlighted that while judges can have personal views, they must not allow these views to interfere with their duty to apply the law impartially. The use of terms like “LOCO” was considered unprofessional and indicative of bias, further reinforcing the finding of misconduct.
The Arkansas Supreme Court concluded that Judge Welch’s conduct violated Rules 1.2, 2.2, and 2.3 of the Arkansas Code of Judicial Conduct. As a result, Judge Welch was formally admonished and required to complete additional judicial ethics education. While judges are entitled to their opinions, they must express them within the bounds of judicial propriety, ensuring that their actions do not undermine the judiciary’s integrity or public perception.
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