Governor Sarah Sanders appointed Cody Hiland to fill the vacancy on the Arkansas Supreme Court created when Associate Justice Robin Wynn died. Congratulation to Associate Justice Hiland!
We have received several questions about Associate Justice Hiland’s length of service and his future on the Arkansas Supreme Court. Here we will address several of those questions.
- How long are the terms of Arkansas Supreme Court Justices?
There are seven Arkansas Supreme Court justices.[i] Their term of office is eight years.[ii]
- Will Cody Hiland serve for the rest of Associate Justice Wynne’s term?
Justice Wynne was elected to Position 2 in 2022. That means there are nearly seven and a half years remaining on his term. Cody Hiland’s appointment is only through 2024. Amendment 29 to the Arkansas Constitution requires an election at the next general election to fill the remainder of the vacancy.[iii]
- Is Associate Justice Hiland eligible to run for Position 2 in 2024?
No. Under Amendment 29, a person appointed to fill a vacancy is not eligible to succeed himself.[iv]
- May Associate Justice Hiland run for a different position on the Arkansas Supreme Court in 2024?
Yes. Although a person appointed to fill a vacancy cannot succeed himself, it does not prohibit the person from running for a different position on the Supreme Court.
Two Supreme Court positions will be voted on in 2024. Associate Justice Shawn Womack, Position 5 is up for reelection and Chief Justice Dan Kemp has announced his intention to retire. We think it unlikely Associate Justice Hiland will run for either of those positions, but it is possible.
At least two sitting Supreme Court Justices are expected to run for the office of Chief Justice. Associate Justice Karen Baker and Associate Justice Rhonda Wood have announced their candidacies for Chief Justice and Associate Justice Barbara Webb is considering running.[v] They can run for the Chief Justice position without the risk of losing their current positions on the court should they lose the Chief Justice race.
- If a sitting Supreme Court Justice wins the Chief Justice race, does that create another vacancy on the court and could Cody Hiland be appointed to that position?
Yes. If a sitting Supreme Court Justice wins, there will be a vacancy in their current associate justice position. Cody Hiland would be eligible for appointment to the new vacancy since it is a different position. The appointment would be through 2026 and an election would be held in 2026 to fill the remainder of the vacancy.
- When are the next elections of Supreme Court Justices?
- 2024 – Position 2, Currently held by Associate Justice Cody Hiland, but he is not eligible for election to fill the remainder of the vacancy.
- 2024 – Position 1, Chief Justice
- 2024 – Position 5, Associate Justice Shawn Womack (elected 2016)
- 2026 – Position 3, Associate Justice Courtney Hudson (elected 2018)
- 2026 – If a sitting Associate Justice is elected as Chief Justice in 2024, that would cause a vacancy which would be filled by temporary appointment. Then the remainder of the vacancy would be filled by an election in 2026.
- 2028 – Position 4, Associate Justice Barbara Webb (elected 2020)
- 2030 – Position 6, Associate Justice Karen R. Baker (elected 2022)
- 2030 – Position 7, Associate Justice Rhonda K. Wood (elected 2022)
- 2030 – Position 2, This is the position Cody Hiland was appointed to and for which an election to fill the remainder of the vacancy will be held in 2024
Currently judges and justices are elected in non-partisan elections. Nonpartisan elections help liberal Democrats hide their true philosophy to get elected. There is an effort within the Republican grass roots to allow judicial candidates to run as political party candidates. That change would benefit voters who want to know whether the candidate is going to be a liberal activist judge who wants to make law from the bench.
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[i] Arkansas Constitution, Amendment 80 § 2. (A) The Supreme Court shall be composed of seven Justices, one of whom shall serve as Chief Justice. The Justices of the Supreme Court shall be selected from the State at large.
[ii] Arkansas Constitution, Amendment 80 § 16 (A) Justices of the Supreme Court and Judges of the Court of Appeals shall have been licensed attorneys of this state for at least eight years immediately preceding the date of assuming office. They shall serve eight-year terms.
[iii] Arkansas Constitution, Amendment 29 § 4. Duration of term of appointee — Election to fill vacancy.
The appointee shall serve during the entire unexpired term in the office in which the vacancy occurs if such office would in regular course be filled at the next General Election if no vacancy had occurred. If such office would not in regular course be filled at such next general election the vacancy shall be filled as follows: At the next General Election, if the vacancy occurs four months or more prior thereto, and at the second General Election after the vacancy occurs if the vacancy occurs less than four months before the next General Election after it occurs. The person so elected shall take office on the 1st day of January following his election.
[iv]Arkansas Constitution, Amendment 29 § 2. Ineligible persons — Nepotism.
The Governor, Lieutenant Governor and Acting Governor shall be ineligible for appointment to fill any vacancies occurring or any office or position created, and resignation shall not remove such ineligibility. Husbands and wives of such officers, and relatives of such officers, or of their husbands and wives within the fourth degree of consanguinity or affinity, shall likewise be ineligible. No person appointed under Section 1 shall be eligible for appointment or election to succeed himself.
[v] Will seek chief justice spot, says court’s Wood, Arkansas Democrat Gazette, May 11, 2023
