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Second Judge Declines Clinton Disbarment Case

Source: Reuters
Published: Monday July 3 , 2000 Author: By Steve Barnesc

Monday July 3 5:55 PM ET LITTLE ROCK, Ark. (Reuters) - A second Arkansas judge declined on Monday to hear the disbarment case against President Clinton, citing the same conflict of interest as a judge last week who was also appointed by Clinton.

``The Court finds it must recuse and transfer the case to another division,'' said Judge David Bogard in a written order. Bogard was appointed to a judgeship by then-Arkansas Gov. Clinton in 1980.

Minutes after the disbarment case against Clinton was filed last Friday, Judge John Ward, to whom the case was assigned randomly by a computer, also recused himself. Ward noted that Clinton, as governor, appointed him to a judgeship in 1988.

On Bogard's withdrawal on Monday, the computer assigned the disbarment case to a third judge, John Plegge, who was appointed by Clinton to a judicial office in 1984.

Courthouse officials said they expected Plegge to recuse himself as well. In that event, the computer would continue to choose judges randomly until one agreed to hear the case.

The Arkansas Supreme Court Committee on Professional Conduct filed suit last Friday to strip Clinton of his law license.

The lawsuit was expected after the committee in May recommended Clinton be disbarred, the harshest punishment it can mete out.

The suit stemmed from Clinton's January 1998 deposition in the Paula Jones sexual harassment case. In that deposition, Clinton insisted he had not engaged in a sexual affair with former White House intern Monica Lewinsky.

The president later acknowledged ``an improper relationship'' with Lewinsky and admitted giving ``misleading'' answers during his deposition.

Although Clinton continued to insist that his answer was technically accurate, a federal judge in the Jones case cited Clinton last year for contempt of court over his denials and fined the president $90,000.

The five-page lawsuit charged that Clinton's conduct ''damages the legal profession and demonstrates a lack of overall fitness to hold a license to practice law.''

Clinton has repeatedly said he would challenge the suit, which must go to a judge and is subject to appeal before he could actually be disbarred, and argued that the panel's finding ran against all of the relevant precedents.

Clinton was impeached by the House of Representatives in December 1998 on perjury and obstruction of justice charges stemming from the Lewinsky case. He was acquitted by the U.S. Senate in February 1999, allowing him to serve out his second term.

Clinton last practiced law in 1983, between his first and second terms as governor of Arkansas. He was governor from 1979 to 1981 and again from 1983 to 1992 when he was elected president.

HENCH adds: No judge wants to become part of the Klink death list.


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