A bad night. The state Department of Emergency Management is reporting in an interview on Channel 16 that it has reports of deaths and injuries in Van Buren County as the storm system continues to tear through the state.

Your area?

The judge sent the Nona Drksmeyer murder jury home for the night in Clarksville. They're still split -- 7-5, but it's unknown which direction. They'll try further Saturday.

... Americans for Job Security.

Besides, that is, the racist corporate bastards who are vanguards of Blanche Lincoln's twilights of the goddess' disgusting last-ditch effort to keep her Senate seat at any cost.

Shame on you, Sen. Lincoln, for not distancing yourself from these jackboots.

The Arkansas Supreme Court has affirmed a circuit judge's finding that Willard Proctor may not run as a write-in candidate for the judgeship from which he was removed for ethical violations.

The court gave Proctor a moral victory in finding he was correct in arguing that a state statute used as part of the justification for the ruling was unconstitutional because it put an additional qualification on the holding of public office. But it was only a moral victory. The Supreme Court said Amendment 66, which established a judicial discipline apparatus, allowed permanent removal from office as a possible punishment. The Court had earlier ordered Proctor's removal. He acknowledged removal was a punishment, but not that it would bar him permanently from running again. "We disagree," the court said.

The Court agreed that any votes cast for Proctor should not be counted.

This is a big case in general terms. It makes bright black letter law that removal can bar future races by a removed judge.The Court used as an example of the distinction its decision that Judge L.T. Simes should be suspended, but not permanently removed for ethical lapses as the Judicial Discipline and Disability Commission had recommended.

Here's the court's decision.

Tipster says the Russellville Clarksville circuit jury in the Nona Dirksmeyer murder case reported it was hung, but the judge has ordered further deliberations. Jury reported it was split 6-2, with four undecided. They didn't say if the lean was for conviction or acquittal.

Deliberations began Thursday.

UPDATE: Our source was relying on a courtroom participant. But I note that the Russellville Courier account just put the count at 6-4-2, with no characterization of the stance of any of the votes.

John Ed Anthony, chairman of the University of Arkansas Board of Trustees, has issued a statement arising from news today about efforts he's apparently leading to promote UAF Chancellor David Gearhart to president of the UA System, which is headquartered in Little Rock. Among the questions raised in the original Democrat-Gazette story -- should that occur -- would be whether the UA System office would be in Fayetteville, at least for an interim period if Gearhart held both jobs for a time. 

“Moving the office of the University of Arkansas president and system administration from its location in Little Rock has never been considered by the board of trustees and speculation to the contrary is completely unfounded. Our system truly has a statewide reach, and the current structure has served our campuses well and will continue to do so.
 
“No decisions have been made regarding who will be the next president of the UA System once Alan Sugg retires. When that time comes, we will work diligently to find the best person to serve the needs of the students, faculty and staff of all of our many campuses and units.”

John Ed Anthony, chairman of the University of Arkansas Board of Trustees, has issued a statement arising from news today about efforts he's apparently leading to promote UAF Chancellor David Gearhart to president of the UA System, which is headquartered in Little Rock. Among the questions raised in the original Democrat-Gazette story -- should that occur -- would be whether the UA System office would be in Fayetteville, at least for an interim period if Gearhart held both jobs for a time. 

“Moving the office of the University of Arkansas president and system administration from its location in Little Rock has never been considered by the board of trustees and speculation to the contrary is completely unfounded. Our system truly has a statewide reach, and the current structure has served our campuses well and will continue to do so.
 
“No decisions have been made regarding who will be the next president of the UA System once Alan Sugg retires. When that time comes, we will work diligently to find the best person to serve the needs of the students, faculty and staff of all of our many campuses and units.”

But he concludes grumpily, as I did yesterday, that Sen. Blanche Lincoln is the guiltier offender in the multi-million-dollar campaign of disinformation known as the Democratic primary race for U.S. Senate.

Judge David Burnett was hobnobbing at Ciao Bacci yesterday evening at what appeared to be a fundraiser for his state senate campaign when a few unexpected guests arrived. Three members of Arkansans Take Action showed up in "Free the West Memphis Three" t-shirts and approached Burnett with video cameras in hand. They asked the judge if he would answer a few questions about the case. Burnett declined, looking a little flustered and uncomfortable. He told the group they did not have permission to take his picture and asked that they put down the cameras. I'm still not sure why you need permission to take a photograph of an adult in a public place, but I'm not a judge. The ATA members then retired to their table for drinks. Later, one of Burnett's guests approached the group and thanked them for being so polite.

Sorry. We've had Internet problems at the Times and I spent part of the morning at AETN to film "Arkansas Week," where the lead discussion was the increasingly tiresome Democratic primary race for U.S. Senate.

Here's news of a $1 million ad campaign against Sen. Blanche Lincoln by the Service Employees International Union. At least you know the source of that effort, unlike the stealth fat cats who are attacking her opponent, Bill Halter. Man up, guys.

Why would the judge dismiss a juror from the panel hearing the Nona Dirksmeyer murder case?

I don't know. Deliberations resume today and we'll perhaps learn more at the conclusion.

The event happens to make me think of the West Memphis Three murder case. In that case, the public learned after the fact that some jurors knew about and -- judging by their notes -- considered defendant-damning facts that were not part of the evidence. This is particularly sensitive when a defendant has exercised his right not to testify and has offered no rebuttal to information that comes from outside evidence.

UPDATE: Yup. Like I thought. The defendant in this case has a past record (which could not be considered by jurors, unless he had taken the stand and allowed cross-examination on his past). Some jurors apparently are aware of the adverse background, it became clear on the release of a juror's note by the judge as he dismissed a second juror, leaving only one alternate.

Jurors sent Pearson a note about 7 p.m. Thursday that prompted 15 minutes of conference between him and attorneys before the judge sent the panel, now comprised of seven men and five women, home for the night.

The note read:

"Can a juror's 'common knowledge' ... include knowledge of a previous accusation or conviction if said information may lend to the establishment of a certain behavior or sequence of behaviors? Should we assume that because this information was excluded from the prosecution argument that it can't be considered?

"This information has not been discussed in deliberation thus far at all.

"Also, what happens if no verdict is reached?

"Does G. Dunn simply go free or is he subject to being tried again?"

According to the Russellville Courier, the defendant, Gary Dunn, spent time in prison in 2002 after an attack on a woman at Bona Dea Trails in Russellville.

If there's a conviction here, with this kind of talk going around, the defense lawyers are going to howl that the jury was tainted by this "common knowledge," I'm guessing.

The Democrat-Gazette reported today on backroom dealing by some members of the UA Board of Trustees to ease UAF Chancellor David Gearhart into the job of UA System president (when Alan Sugg retires next year) while retaining for a time his job as chancellor of UAF.

Gearhart is widely admired. But this sounds like a bad idea. No matter how hard he tried, he'd never be viewed as an honest broker on competing interests among campuses while wearing both hats.

UPDATE: UA Board Chair John Ed Anthony has issued a statement dampening talk that Gearhart is to be the successor to Sugg and also saying that any suggestion that the UA System office would move out of Little Rock is unfounded.