After our recent post on which Pulaski County and appellate-court candidates we preferred in the upcoming judicial elections, a few people had questions about Gov. Sarah Sanders’ potentially appointing replacements to multiple vacant judge seats. That’s understandable: There are several different permutations that could shake out March 5, and the rules for judicial appointments can get confusing.
So, as a follow-up to the previous post, let’s just dive right in. First, some context on how gubernatorial appointments to vacant offices work in Arkansas.
Amendment 29
Under Amendment 29, Section 4, of the Arkansas Constitution, there are three slightly different ways an appointment to fill a vacant office can play out. Passed in 1938, the wording of Section 4 is a bit convoluted, but it breaks down likes this:
- If the office being vacated would have been up for election at the next regularly scheduled general election, then the appointee simply serves the remainder of that term. Example: Circuit Judge Doe was elected to a 6-year term in 2020, but he wins a seat on the Supreme Court in 2024. His circuit judge seat would have been up for re-election in 2026, since circuit judges serve six-year terms. So the person Sanders appoints to fill this seat in January 2025 would just serve the rest of Judge Doe’s original term and would leave office on Jan. 1, 2027.
- If the office being vacated would not have been up for election at the next regularly scheduled general election, then the governor would appoint a replacement who would serve until that seat could be filled. If the next general election is more than four months after the vacancy occurs, the voters will choose a replacement at that general election.
- However, if the seat being vacated would not have been up for election at the next general election and the next regularly scheduled general election is less than four months after the vacancy occurs, then the governor still appoints a replacement who serves until the seat can be filled, but the voters don’t get to choose their own replacement until the second regularly scheduled general election following the vacancy.
As a practical matter, the third scenario is unlikely to happen with respect to appointments following the 2024 election. The vacancies would all occur in January 2025, and the next regularly scheduled general election for judicial races is May 19, 2026.
There is one additional wrinkle to keep in mind: Section 2 of Amendment 29 says that anyone appointed by the governor to fill a vacancy is ineligible to run for the office to which he or she was appointed. So anyone that Sanders might appoint to fill one of these seats would not be able to run for reelection to that same office.
With that in mind, let’s turn to each of the races discussed in the earlier post.
Arkansas Supreme Court – Chief Justice (Position 1)
If Associate Justice Barbara Webb (position 4), Associate Justice Karen Baker (position 6), or Associate Justice Rhonda Wood (position 7) wins this race, Sanders would appoint someone to fill the position vacated when the victor becomes chief justice. And it is all but certain that one of these three will win the race, regardless of the presence of attorney and former State Rep. Jay Martin as a fourth candidate.
Whichever one wins will assume the chief justice position on Jan. 1, 2024, at which point the new chief will certify to the governor that position 4, 6 or 8 is vacant. (This is all in theory, of course. In reality, the governor knows the position will be open and will have likely chosen – and maybe even announced – the replacement before Jan. 1.)
Arkansas Supreme Court, Associate Justice (Position 2)
If Associate Justice Courtney Goodson wins this race, Sanders will appoint someone to position 3, Goodson’s current seat. Goodson was last elected in 2018, however, so position 3 would have been up for election in 2026. Since 2026 will also be the next regularly scheduled general election after Jan. 1, 2005, a Sanders appointee would serve out the last two years of Goodson’s original term.
Similarly, if Circuit Judge Carlton D. Jones wins, it would create a vacancy in his circuit court seat for Sanders to fill. Jones was last elected to the 8th South Judicial District (Miller and Lafayette Counties) in 2020, and would be up for re-election in 2026. Any appointee to fill Jones’s office would serve the remaining two years of that term.
If either win would result in Sanders appointing a replacement, does it make much difference who wins? In a word, yes. Challenges to a number of Sanders’ legislative successes and policy decisions will pass through the Supreme Court in the next couple of years. No offense to the denizens of Miller County, but a state Supreme Court justice can do far more damage to Arkansas than a judge appointed to a two-year stint in Texarkana circuit court.
Arkansas Court of Appeals Associate Judge, District 6, Position 1
Circuit Judge Casey Tucker was elected in 2020 to a six-year term in the District 6, Division 2, seat (Pulaski and Perry Counties). That court’s caseload is pretty evenly split between domestic-relations cases and probate matters.
Were Tucker to win this Court of Appeals race, the circuit seat would become vacant in January 2025, and it would be on the ballot as normal in May 2026. Sanders’ appointee would serve out the remainder of Tucker’s term and leave office in January 2027.
Tucker’s opponents in this race, attorneys Molly McNulty and Pam Hathaway, do not currently hold elected office.
Circuit Judge, District 6, Division 17, Subdistrict 6.2
Attorneys Brent Eubanks, Robert Cortinez, and Brooke-Augusta Ware are competing for this seat. No candidates in this race are current judicial officeholders.
State District Judge, District 31, Pulaski
Circuit Judge Morgan “Chip” Welch and attorney Beth Burgess are vying for this district court position. Regardless of who wins, Sanders will not have an opportunity to appoint someone, as Welch was re-elected in 2018 and his current term expires on Jan. 1, 2025, while Burgess does not currently hold a judicial position.
State District Judge, District 31, Little Rock 1
This race pits Circuit Judge Mackie Pierce against deputy prosecuting attorney Jill Kamps to replace District Court Judge Melanie Martin, who is running for circuit court. Even if Pierce wins – which, again, would be a bad thing – there won’t be a vacancy for Sanders to fill, as Pierce was re-elected in 2018 and his current term expires on Jan. 1, 2015.
Kamps works for the Sixth Judicial District Prosecutor and does not currently hold judicial office.
State District Judge, District 31, Little Rock 2
In this race, Circuit Judge Herb Wright and attorney Robert Tellez seek to replace retiring District Court Judge Vic Fleming. Wright was most recently reelected to his circuit court position in 2020, and his current term ends Jan. 1, 2027. If he wins, Sanders will appoint someone to serve the remainder of that term, while Tellez is not currently an officeholder.