Simes offers no reason to expect the commission (now chaired by the Honorable Joyce Williams Warren, “the first black female judge in Arkansas” ) will target Simes on the basis of race. Nor is there reason to think such an implausible action by the commission would evade Arkansas and Supreme Court judicial review.
To think otherwise would require us to assume (1) judicial complaints will be filed against Simes, (2) the commission’s executive director—now no longer Stewart—will decide to pursue at least one of those complaints, (3) the executive
director will do so on the basis of Simes’ race, (4) the commission will determine further action is warranted, (5) the commission will make that determination on the basis of Simes’ race, (6) the commission will recommend sanctions against Simes, (7) the commission will make that recommendation on the basis of Simes’ race, and (8) the Arkansas Supreme Court will accept that recommendation. Although Simes’past behavior might suggest new complaints against him are possible, the remaining assumptions are several “steps removed from reality”—“so remote and speculative that . . . there [is] a want of a subject matter on which any judgment of this Court could operate.”