Although the special election for Senate District 26 has come and gone, the lawsuit surrounding it remains ongoing — now before the Arkansas Supreme Court.
A notable development emerged over the past several days: Justice Barbara Webb recently recused herself from this case and four others. What makes this particularly significant is that Webb had already participated in the case, having sat on the bench and voted on the lawsuit prior to her recusal.
The Arkansas Constitution provides a mechanism for such circumstances: the Chief Justice certifies the vacancy to the Governor, who then has two options — commission a special justice within 30 days, or allow that window to expire, transferring appointment power to the Lieutenant Governor.
Governor Sanders opted to act, appointing Cory Cox to fill the seat, and raising questions regarding the appearance of impropriety. Cox served as Chief of Staff and Legislative Director for the Attorney General — the very office prosecuting this appeal on the Governor’s behalf. He also serves as Director of Government Relations for CareSource, a private company, making him an active lobbyist.
In response to the appointment, attorney Jennifer Standerfer, who represents Colt Shelby, filed a letter of disclosure noting that the record pleadings and transcript reflect that Amber Stubblefield Sullivan testified as a fact witness in the case, a nd that Sullivan has a longstanding friendship with Cox.
Standerfer also filed a motion to dismiss the appeal as moot, arguing that since a special election has already been held and Senate District 26 now has representation, there is no longer a live controversy to adjudicate.
In a recent Facebook post, Shelby weighed in on the ongoing legal fight: “We did win in circuit court… we won a special election. Do we want to continue wasting tax dollars fighting this?”
You may remember, Justices Cody Hiland and Nicholas Bronni recused themselves from hearing the appeal regarding the Board of Corrections. That is a normal part of any appeal when a justice believes personal conflicts necessitate their recusal.
Click here to review the entire case and filings.
