Proctor footnote | Arkansas Blog

Friday, March 19, 2010

Proctor footnote

Posted By on Fri, Mar 19, 2010 at 6:50 AM

The Democrat-Gazette and others followed up at some length today on the news we first reported Wednesday afternoon that ousted Judge Willard Proctor hadn't given up on trying to get back on the bench. He's filed as a write-in and sued to challenge the law that prevents ousted judges from running again.

Proctor says there's a line of cases that says it is unconstitutional for the legislature to add conditions -- such as barring ousted judges -- for holding office.

One additional factor to consider: In the Arkansas Supreme Court decision upholding Proctor's removal, the court cited the very statute Proctor is challenging to remove him (it provides for both removal of a judge for violations and a future bar to service). Removal from the bench is clearly constitutional, being allowed by Amendment 66, which establishes a judicial discipline procedure. That amendment would seem to give the legislature some leeway on judges:

Grounds for suspension, leave, or removal from office shall be determined by legislative enactment.

PS -- One other thought. If Proctor is successful with his suit, it will make toothless the Judicial Discipline Commission. And it will call into question a number of resignation agreements it has reached previously with disciplined judges who might now argue they are free to run again.


Favorite

Comments (3)

Showing 1-3 of 3

Add a comment

 
Subscribe to this thread:
Showing 1-3 of 3

Add a comment

More by Max Brantley

Readers also liked…

  • Payday lenders on the march at legislature

    Payday lenders are working hard to get legislative cover for the reintroduction of their usurious loan business to Arkansas. Some are fighting back.
    • Mar 10, 2017
  • The LR chamber does the public's business. Is it accountable? Blue Hog on the case.

    Matt Campbell, lawyer and Blue Hog Report blogger, has sent a Freedom of Information Act request to Jay Chessir, director of the Little Rock Regional Chamber of Commerce, and Mayor Mark Stodola related to the publicity stunt yesterday  built around withdrawing from the mayor's rash pronouncement that the city would seek an Amazon HQ2 project even though the city  didn't meet the company's criteria.
    • Oct 20, 2017
  • Hospitality, restaurant groups oppose bathroom bill

    Add the restaurant and hospitality association to those opposed to Sen. Linda Collins-Smith's bill to keep transgender people out of public restrooms that match their gender identity.
    • Mar 16, 2017

Slideshows

  • Arkansas vs Ole Miss at War Memorial stadium in Little Rock, Saturday, Oct. 13, 2018. After leading for much of the game, Arkansas lost 37-33 when Ole Miss scored the game winning Touchdown with less that 2 minutes left. 
  • Margaret Clark Adventure Park
    New sculptures, preschoolers play area dedicated in Riverfront Park in Little Rock.

Most Recent Comments

 

© 2018 Arkansas Times | 201 East Markham, Suite 200, Little Rock, AR 72201
Powered by Foundation