Norwood v. Dickey, 409 F.3d 901 (8th Cir. 2005). · Go Syfert
Norwood v. Dickey, 409 F.3d 901 (8th Cir. 2005). Cases Citing This Book View Copy Cite
113 citation events (113 in the last 25 years) across 10 distinct courts.
Strongest positive: Jose Francesco Vasquez v. State of South Dakota, State of Arizona (sdd, 2026-01-27)
Treatment trajectory · 2005 → 2026 · click a year to view as-of
2005 2015 2026
Top citers, strongest first. 40 distinct citers. How cited ↗
cited Cited as authority (rule) Jose Francesco Vasquez v. State of South Dakota, State of Arizona
D.S.D. · 2026 · confidence medium
Norwood, 409 F.3d at 903.
discussed Cited as authority (rule) Brian Peak v. Paige Kristyn Wheeler, et al.
E.D. Mo. · 2026 · confidence medium
Norwood v. Dickey, 409 F.3d 901, 903 (8th Cir. 2005) (citing Fuller v. Ulland, 76 F.3d 5For example, plaintiff makes substantive arguments in his complaint as to why his state prosecution is purportedly unlawful and subject to federal court intervention. 957, 959 (8th Cir. 1996)).
discussed Cited as authority (rule) Dukhan Mumin v. Douglas D. Grieser, Donald L. Knowles, John Friend, Donald Kleine, Crystal Rhoades, Douglas County Nebraska, Lancaster County Nebraska, and State of Nebraska
D. Neb. · 2025 · confidence medium
Norwood v. Dickey, 409 F.3d 901, 903 (8th Cir. 2005)(citing Middlesex County Ethics Comm. v. Garden State Bar Ass'n, 457 U.S. 423 , 431 32 (1982)).
discussed Cited as authority (rule) Ricky Lee Franklin v. Alex Selkirk, Officer Tim David Gossett (Greenwood Police Department); Chief of Police Brad Carl Hobbs (Greenwood Police Department); Travis Plummer (City Attorney); Doug Kinslow (Mayor of Greenwood); and Police Officer Ayden Brown (Greenwood Police Department)
W.D. Ark. · 2025 · confidence medium
ANALYSIS Pursuant to Younger v. Harris, 401 U.S. 37 (1971), federal courts are required to abstain from hearing cases when “(1) there is an ongoing state judicial proceeding which (2) implicates important state interests, and when (3) that proceeding affords an adequate opportunity to raise the federal questions presented.” Norwood v. Dickey, 409 F.3d 901, 903 (8th Cir. 2005) (citing Fuller v. Ulland, 76 F.3d 957, 959 (8th Cir. 1996)).
discussed Cited as authority (rule) Jones v. Fox
W.D. Ark. · 2025 · confidence medium
Pursuant to Younger v. Harris, 401 U.S. 37 (1971), federal courts are required to abstain from hearing cases when “(1) there is an ongoing state judicial proceeding which (2) implicates important state interests, and when (3) that proceeding affords an adequate opportunity to raise the federal questions presented.” Norwood v. Dickey, 409 F.3d 901, 903 (8th Cir. 2005) (citing Fuller v. Ulland, 76 F.3d 957, 959 (8th Cir. 1996)).
cited Cited as authority (rule) Mencin v. City of Troy Police
E.D. Mo. · 2024 · confidence medium
Norwood v. Dickey, 409 F.3d 901, 903 (8th Cir. 2005).
cited Cited as authority (rule) Darden v. Luechtefeld
E.D. Mo. · 2024 · confidence medium
Norwood v. Dickey, 409 F.3d 901, 903 (8th Cir. 2005).
discussed Cited as authority (rule) Owens v. Samuel
W.D. Ark. · 2024 · confidence medium
Claims Against Defendants Samuel, Luke, and Scallon Pursuant to Younger v. Harris, 401 U.S. 37 (1971), federal courts are required to abstain from hearing cases when “(1) there is an ongoing state judicial proceeding which (2) implicates important state interests, and when (3) that proceeding affords an adequate opportunity to raise the federal questions presented.” Norwood v. Dickey, 409 F.3d 901, 903 (8th Cir. 2005) (citing Fuller v. Ulland, 76 F.3d 957, 959 (8th Cir. 1996)).
discussed Cited as authority (rule) Rothmeyer v. Butler
W.D. Ark. · 2024 · confidence medium
Pursuant to Younger v. Harris, 401 U.S. 37 (1971), federal courts are required to abstain from hearing cases when “(1) there is an ongoing state judicial proceeding which (2) implicates important state interests, and when (3) that proceeding affords an adequate opportunity to raise the 4 federal questions presented.” Norwood v. Dickey, 409 F.3d 901, 903 (8th Cir. 2005) (internal citation omitted).
discussed Cited as authority (rule) Alverson v. Perry
W.D. Ark. · 2023 · confidence medium
Instead, he asks that all staff involved be replaced, and “my attorney will decide on other changes in rules and policies.” Pursuant to Younger v. Harris, 401 U.S. 37 (1971), federal courts are required to abstain from hearing cases when “(1) there is an ongoing state judicial proceeding which (2) implicates important state interests, and when (3) that proceeding affords an adequate opportunity to raise the federal questions presented.” Norwood v. Dickey, 409 F.3d 901, 903 (8th Cir. 2005) (citing Fuller v. Ulland, 76 F.3d 957, 959 (8th Cir. 1996)).
cited Cited as authority (rule) Brown v. Wilson
E.D. Mo. · 2023 · confidence medium
Norwood v. Dickey, 409 F.3d 901, 903 (8th Cir. 2005).
discussed Cited as authority (rule) Watkins v. Smith (125)
W.D. Ark. · 2023 · confidence medium
This fact has no bearing on the issues before the Court. 11 Under Younger, federal courts are required to abstain from hearing cases when “(1) there is an ongoing state judicial proceeding which (2) implicates important state interests, and when (3) that proceeding affords an adequate opportunity to raise the federal questions presented.” Norwood v. Dickey, 409 F.3d 901, 903 (8th Cir. 2005) (cleaned up).
discussed Cited as authority (rule) LeClaire v. Dyer
W.D. Ark. · 2022 · confidence medium
LEGAL ANALYSIS Pursuant to Younger v. Harris, 401 U.S. 37 (1971), federal courts are required to abstain from hearing cases when “(1) there is an ongoing state judicial proceeding which (2) implicates important state interests, and when (3) that proceeding affords an adequate opportunity to raise the federal questions presented.” Norwood v. Dickey, 409 F.3d 901, 903 (8th Cir. 2005) (citing Fuller v. Ulland, 76 F.3d 957, 959 (8th Cir. 1996)).
discussed Cited as authority (rule) Allen v. State of Arkansas
W.D. Ark. · 2022 · confidence medium
The Court should abstain from hearing a case when “(1) there is an ongoing state judicial proceeding which (2) implicates important state interests, and when (3) that proceeding affords an adequate 9 opportunity to raise the federal questions presented.” Norwood v. Dickey, 409 F.3d 901, 903 (8th Cir. 2005) (citing Fuller v. Ulland, 76 F.3d 957, 959 (8th Cir. 1996)).
cited Cited as authority (rule) Robert Bolinske v. North Dakota Supreme Court
8th Cir. · 2020 · confidence medium
Norwood, 409 F.3d at 904.
discussed Cited as authority (rule) Paul Castonguay, Sr. v. Jack Taff
8th Cir. · 2010 · confidence medium
See Moore v. Sims, 200 F.3d 1170 , 1171 (8th Cir.2000) (per curiam) (standard of review for dismissal); Norwood v. Dickey, 409 F.3d 901, 903 (8th Cir.2005) (abstention holding reviewed for abuse of discretion).
discussed Cited as authority (rule) Richard Walbaum v. Commissioner of IRS
8th Cir. · 2010 · confidence medium
After careful de novo review, see Norwood v. Dickey, 409 F.3d 901, 903 (8th Cir.2005) (de novo review standard); Campbell v. Comm’r, 164 F.3d 1140, 1142 (8th Cir.1999) (taxpayer bears burden of proving that Commissioner’s determination was erroneous), we conclude that the dismissal of Walbaum’s petition was proper for the reasons stated by the tax court.
cited Cited as authority (rule) David Meador v. John Paulson
8th Cir. · 2010 · confidence medium
See Yamaha Motor Corp., U.S.A. v. Stroud, 179 F.3d 598, 602 (8th Cir.1999) (standard of review); Norwood v. Dickey, 409 F.3d 901, 903 (8th Cir.2005) (factors warranting abstention).
cited Cited as authority (rule) Plouffe v. Ligon
8th Cir. · 2010 · confidence medium
Norwood v. Dickey, 409 F.3d 901, 903 (8th Cir.2005).
discussed Cited as authority (rule) Glenn Johnson, Jr. v. Jeremiah Nixon
8th Cir. · 2010 · confidence medium
After careful de novo review, see Norwood v. Dickey, 409 F.3d 901 , 903 (8th Cir. 2005), we conclude that dismissal was proper under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim, see Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007) (requirements to survive Rule 12(b)(6) motion to dismiss); Stone v. Harry, 364 F.3d 912, 914 (8th Cir. 2004) (pro se complaints are to be construed liberally, but must allege sufficient facts to support claims advanced); Frey v. City of Herculaneum, 44 F.3d 667, 672 (8th Cir. 1995) (complaint fell short of meeting even liberal standa…
discussed Cited as authority (rule) Johnson v. Nixon
8th Cir. · 2010 · confidence medium
After careful de novo review, see Norwood v. Dickey, 409 F.3d 901 , 903 (8th Cir.2005), we conclude that dismissal was proper under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim, see Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 , 127 S.Ct. 1955 , 167 L.Ed.2d 929 (2007) (requirements to survive Rule 12(b)(6) motion to dismiss); Stone v. Harry, 364 F.3d 912, 914 (8th Cir.2004) (pro se complaints are to be construed liberally, but must allege sufficient facts to support claims advanced); Frey v. City of Herculaneum, 44 F.3d 667, 672 (8th Cir.1995) (complaint fell shor…
discussed Cited as authority (rule) Johnson v. Nixon
8th Cir. · 2010 · confidence medium
After careful de novo review, see Norwood v. Dickey, 409 F.3d 901 , 903 (8th Cir.2005), we conclude that dismissal was proper under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim, see Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 , 127 S.Ct. 1955 , 167 L.Ed.2d 929 (2007) (requirements to survive Rule 12(b)(6) motion to dismiss); Stone v. Harry, 364 F.3d 912, 914 (8th Cir.2004) (pro se complaints are to be construed liberally, but must allege sufficient facts to support claims advanced); Frey v. City of Herculaneum, 44 F.3d 667, 672 (8th Cir.1995) (complaint fell shor…
discussed Cited as authority (rule) Monty Eddings v. State of Missouri
8th Cir. · 2009 · confidence medium
Upon de novo review of the section 1915A dismissal, see Cooper v. Schriro, 189 F.3d 781 , 783 (8th Cir.1999) (per curiam), and review of the abstention holding for an abuse of discretion, see Norwood v. Dickey, 409 F.3d 901, 903 (8th Cir.2005), we find no basis for reversal.
discussed Cited as authority (rule) Daniel Paul Mitchell v. Bard Alan Bigelow
8th Cir. BAP · 2008 · confidence medium
P. 7012(b). 3 Norwood v. Dickey, 409 F.3d 901, 903 (8th Cir. 2005) (citing Springdale Education Association v. Springdale School District, 133 F.3d 649 (8th Cir. 1998)). 4 U.S. v. Metropolitan St.
cited Cited as authority (rule) Uland v. City of Winsted
D. Minnesota · 2008 · confidence medium
See Middlesex County Ethics Cmte., 457 U.S. at 432 , 102 S.Ct. 2515 ; Norwood, 409 F.3d at 904.
discussed Cited as authority (rule) Ebiza, Inc. v. City of Davenport
S.D. Iowa · 2006 · confidence medium
See Dayton Christian Sch., 477 U.S. at 626-27 , 106 S.Ct. 2718 (noting Younger’s application to “state administrative proceedings in which important state interests have been vindicated”); Middlesex, 4SI U. S. at 435, 102 S.Ct. 2515 (state ethics committee comprises a judicial proceeding); Norwood, 409 F.3d at 903 (proceeding before a state judicial discipline and disability commission is a judicial proceeding).
cited Cited as authority (rule) Lloyd R. Trackwell v. David Domina
8th Cir. · 2006 · confidence medium
Norwood v. Dickey, 409 F.3d 901, 903 (8th Cir.2005).
discussed Cited as authority (rule) Sanders v. Fayetteville City Police Department
8th Cir. · 2005 · confidence medium
As to Mr. Sanders’s claim that he was improperly denied a blood alcohol test and a breath test, the police have no constitutional duty to provide such tests, see Arizona v. Youngblood, 488 U.S. 51, 59 , 109 S.Ct. 333 , 102 L.Ed.2d 281 (1988), and we also find no abuse of discretion in the court’s refusal to entertain Mr. Sanders’s request for injunctive relief as to his then-pending state criminal proceedings, see Norwood v. Dickey, 409 F.3d 901, 903 (8th Cir.2005) (under abstention doctrine of Younger v. Harris, 401 U.S. 37 , 91 S.Ct. 746 , 27 L.Ed.2d 669 (1971), federal courts abstain …
discussed Cited "see" Sims v. Watson
W.D. Ark. · 2025 · signal: see · confidence high
See Norwood, 409 F.3d at 904 (Federal courts “will not engage any presumption that the state courts will not safeguard federal constitutional rights.”) (quoting Neal v. Wilson, 112 F.3d 351, 357 (8th Cir. 1997) (internal citation and quotation omitted)).
discussed Cited "see" L'Keith Irving v. Corporal Heath Dickson
8th Cir. · 2018 · signal: see · confidence high
See Norwood v. Dickey, 409 F.3d 901, 903 (8th Cir. 2005) (abuse-of-discretion standard of review); cf. Yamaha Motor Corp., U.S.A. v. Riney, 21 F.3d 793, 797 (8th Cir. 1994) (necessary predicate for Younger dismissal is the opportunity to raise and have timely decided by competent state tribunal the federal issues involved).
cited Cited "see" Noah Steffy v. City of Fort Smith
8th Cir. · 2017 · signal: see · confidence high
See Norwood v. Dickey, 409 F.3d 901, 903 (8th Cir. 2005) (standard of review).
cited Cited "see" Brown v. Arkansas Department of Human Services
8th Cir. · 2011 · signal: see · confidence high
See Norwood v. Dickey, 409 F.3d 901 , 903 (8th Cir.2005) (application of Younger abstention doctrine reviewed for abuse of discretion); Night Clubs Inc. v. City of Ft.
cited Cited "see" Gillette v. North Dakota Disciplinary Board Counsel
8th Cir. · 2010 · signal: see · confidence high
See Norwood v. Dickey, 409 F.3d 901, 903 (8th Cir.2005) (standard of review).
discussed Cited "see" Gillette v. North Dakota Disciplinary Board Counsel, Edison
D.N.D. · 2009 · signal: see · confidence high
See Norwood v. Dickey, 409 F.3d 901 (8th Cir.2005) (upholding a federal district court’s decision to dismiss an action against a judge for alleged violations of judicial canons based on Younger because (1) the proceedings were ongoing, (2) the proceedings implicated an important state issue — the quality of the judiciary, and (3) Norwood had an adequate opportunity to raise his federal constitutional issues); Neal v. Wilson, 112 F.3d 351 (8th Cir.1997) (finding under Younger that the federal district court lacked subject matter jurisdiction to hear Wilson’s constitutional challenges to t…
cited Cited "see" Bradley Ornes v. Jeffrey Edblad
8th Cir. · 2008 · signal: see · confidence high
See Norwood v. Dickey, 409 F.3d 901, 903 (8th Cir.2005).
discussed Cited "see, e.g." Bin Bey v. Huhn
E.D. Mo. · 2023 · signal: see also · confidence low
Younger, 401 U.S. 37 (1971); see also Norwood v. Dickey, 409 F.3d 901 , 903 (8th Cir. 2005) (applying Younger abstention doctrine to ongoing state administrative proceedings).
discussed Cited "see, e.g." Stephen Walter Solors v. Jim Warta
8th Cir. · 2010 · signal: see also · confidence low
See Middlesex County Ethics Comm. v. Garden State Bar Ass’n, 457 U.S. 423, 431 , 102 S.Ct. 2515 , 73 L.Ed.2d 116 (1982) (noting that Supreme Court precedents “espouse a strong federal policy against federal-court interference with pending state judicial proceedings absent extraordinary circumstances”); see also Norwood v. Dickey, 409 F.3d 901 , 903 (8th Cir.2005) (standard of review); State v. Solors, No. A09-127, 2010 WL 10381 (Minn.Ct.App.
discussed Cited "see, e.g." Bowen v. Cheuvront
D. Neb. · 2007 · signal: see, e.g. · confidence low
See, e.g., Norwood v. Dickey, 409 F.3d 901 , 903-04 (8th Cir.2005) (affirming dismissal and holding that attorney’s § 1983 action *1030 against justices of Arkansas Supreme Court challenging constitutionality of confidentiality provision of judicial rules was barred by Younger doctrine; proceedings before Commission were ongoing when attorney brought claim, proceedings implicated important state interest of quality of its judiciary, and attorney could have presented his claim to state tribunals); Mounkes v. Conklin, 922 F.Supp. 1501, 1510-1513 (D.Kan.1996) (dismissing action and holding tha…
discussed Cited "see, e.g." OCMC, Inc. v. Norris
S.D. Iowa · 2006 · signal: see also · confidence medium
Younger requires a federal court to abstain from issuing injunctive relief when: “(1) there is an ongoing state judicial proceeding which (2) implicates important state interests, and when (3) that proceeding affords an adequate opportunity to raise the federal questions presented.” Fuller v. Ulland, 76 F.3d 957, 959 (8th Cir.1996) (citing Middlesex County, 457 U.S. at 432 , 102 S.Ct. 2515 ); see also Norwood v. Dickey, 409 F.3d 901, 903 (8th Cir.2005).
Retrieving the full opinion text from the archive…
Doug Norwood
v.
Betty Dickey, Chief Justice of the Arkansas Supreme Court, in Her Official Capacity James A. Badami, Executive Director of the Arkansas Judicial Discipline and Disability Commission, in His Official Capacity
04-3120.
Court of Appeals for the Eighth Circuit.
Jun 1, 2005.
409 F.3d 901
Cited by 25 opinions  |  Published

409 F.3d 901

Doug NORWOOD, Appellant,
v.
Betty DICKEY, Chief Justice of the Arkansas Supreme Court, in her official capacity; James A. Badami, executive Director of the Arkansas Judicial Discipline and Disability Commission, in his official capacity, Appellees.

No. 04-3120.

United States Court of Appeals, Eighth Circuit.

Submitted: March 14, 2005.

Filed: June 1, 2005.

Doug Norwood and Susan Lusby, Rogers, Arkansas, for appellant.

C. Joseph Cordi, Jr., Assistant Attorney General, Little Rock, Arkansas, for appellee.

Before MURPHY, BYE, and SMITH, Circuit Judges.

SMITH, Circuit Judge.

[*~901]1

Attorney Doug Norwood ("Norwood") appeals the district court's[1] dismissal of his 42 U.S.C. § 1983 civil rights action in the United States District Court for the Eastern District of Arkansas. Norwood sued the justices of the Arkansas Supreme Court and James Badami ("Badami"), executive director of the Arkansas Judicial Discipline and Disability Commission ("Arkansas Commission"), alleging a violation of his First and Fourteenth Amendment rights. The district court dismissed the civil-rights action based on Younger v. Harris, 401 U.S. 37, 91 S.Ct. 746, 27 L.Ed.2d 669 (1971). We affirm.

I. Background

2

Norwood, a licensed attorney practicing in Arkansas, filed a complaint with the Arkansas Commission alleging violations of a judicial canon against an Arkansas circuit court judge. The Arkansas Commission oversees all proceedings involving the discipline or disability of judges in the state courts of Arkansas. After filing the complaint, Norwood received a letter from Badami informing Norwood that if he publicly disclosed the nature of the complaint that he would be subject to punishment for contempt by the Arkansas Supreme Court, pursuant to Arkansas Judicial Discipline and Disability Commission Rule 7[2] and Ark.Code Ann. § 16-10-404.

3

After receiving the letter, Norwood filed this suit in federal district court, seeking a declaratory judgment and temporary and permanent injunctions against Badami and the Arkansas Commission. The district court dismissed the civil-rights action, concluding Younger abstention was proper because there were ongoing state administrative proceedings that implicated state interests and that Norwood had an opportunity in the state proceedings to raise the federal issue. The district court further found that, even if abstention did not apply, the confidentiality provisions of Rule 7 and Ark.Code Ann. § 16-10-403 were constitutional. Norwood appeals the district court's dismissal of his complaint arguing against the application of Younger to the instant facts and the constitutionality of Rule 7 and Ark.Code Ann. § 16-10-404.

II. Discussion

4

We review motions to dismiss de novo. Springdale Educ. Ass'n v. Springdale Sch. Dis., 133 F.3d 649 (8th Cir.1998). When deciding a motion to dismiss, we must accept the allegations in the complaint as true and construe them in the light most favorable to the plaintiff. Kottschade v. City of Rochester, 319 F.3d 1038, 1040 (8th Cir.2003).

[*~902]5

We review the application of the Younger abstention doctrine for abuse of discretion. Night Clubs, Inc. v. City of Fort Smith, Arkansas, 163 F.3d 475, 481 (8th Cir.1998). In Younger v. Harris, 401 U.S. 37, 91 S.Ct. 746, 27 L.Ed.2d 669 (1971), the United States Supreme Court directed "federal courts to abstain from hearing cases when (1) there is an ongoing state judicial proceeding which (2) implicates important state interests, and when (3) that proceeding affords an adequate opportunity to raise the federal questions presented." Fuller v. Ulland, 76 F.3d 957, 959 (8th Cir.1996). Later, in Middlesex County Ethics Comm. v. Garden State Bar Ass'n, 457 U.S. 423, 431-32, 102 S.Ct. 2515, 73 L.Ed.2d 116 (1982), the Court held that federal courts should abstain from interfering with ongoing disciplinary proceedings within the jurisdiction of a state supreme court.

6

Norwood concedes, and we agree, that the first two requirements of Younger are met. The proceedings before the Arkansas Commission were ongoing at the time Norwood brought his § 1983 claim. Also, the proceedings before the Arkansas Commission implicated an important state interest —the quality of its judiciary.

7

Norwood argues that there was no opportunity to litigate his constitutional challenge in the state administrative proceedings before either the Arkansas Commission or the Arkansas Supreme Court. He avers that neither the Arkansas Judicial Discipline and Disability Commission Rules nor the Arkansas Code provide a procedure enabling a complainant to challenge the constitutionality of the procedural rules at issue. In his complaint Norwood alleged that he had no other effective remedy. Yet, Norwood did not present his constitutional claims before either the Arkansas Commission or the Arkansas Supreme Court, nor did he allege in his complaint that he presented his constitutional claims to the Arkansas Commission or the Arkansas Supreme Court.

8

Norwood further argues that the members of the Arkansas Commission and the Arkansas Supreme Court would have refused to consider his claim that the confidentiality provision violated federal constitutional guarantees is without merit. Rule 12F of the Arkansas Judicial Discipline and Disability Commission Rules allows the Arkansas "Supreme Court [to]... bring up for review any action taken upon any complaint filed with the Commission, and may also bring up for review a case in which the Commission has failed to act." Ark. J.D. & D.C. R. 12F. This rule does not limit the Arkansas Supreme Court's review to situations in which a respondent rather than a complainant seeks recourse. Nor does it restrict the court's review. Notably, in both Duty v. Arkansas Judicial Discipline and Disability Comm'n, 304 Ark. 294, 801 S.W.2d 46 (1990), and Hopper v. Arkansas Judicial Discipline and Disability Comm'n, 304 Ark. 296, 800 S.W.2d 722 (1990), the Arkansas Supreme Court considered petitions filed by complainants who sought review of decisions made by the Arkansas Commission.

[*~903]9

We "will not engage any presumption `that the state courts will not safeguard federal constitutional rights.'" Neal v. Wilson, 112 F.3d 351, 357 (8th Cir.1997) (quoting Middlesex County Ethics Comm., 457 U.S. at 431, 102 S.Ct. 2515, 73 L.Ed.2d 116). We hold that the district court did not abuse its discretion in ordering dismissal based on Younger.[3] In so holding, we decline to rule on the constitutionality of the confidentiality provision contained in Rule 7 of the Arkansas Judicial Discipline and Disability Commission and Ark.Code Ann. § 16-10-403.

Notes:

1

The Honorable James M. Moody, United States District Judge for the Eastern District of Arkansas

2

Rule 7A of the Rules of Procedure of the Arkansas Judicial Discipline and Disability Commission provides that, in the event that the Arkansas Commission decides, after investigation, to take any action with regard to a particular judge, that action shall be communicated by letter, which shall become public information. Ark. J.D. & D.C. R. 7A. In the event that the Arkansas Commission recommends a change in conduct on the part of the judge, the letter is to state the facts which led to the admonitionId. Rule 7C points out that all investigatory records, files, and reports shall be confidential, and no disclosure is allowed during the investigation. Ark. J.D. & D.C. R. 7C.

3

Pursuant to Rule 7A of the Arkansas Judicial Discipline and Disability Commission, Norwood is no longer bound by the confidentiality rule because the Arkansas Commission dismissed his complaint on July 16, 2004See Ark. J.D. & D.C. R. 7A.