Opponent seeks part in judge’s eligibility petition

A Little Rock attorney vying for a judgeship in the 20th Judicial Circuit against Circuit Judge H.G. Foster asked the Arkansas Supreme Court on Tuesday to include her as a party in a petition filed by the judge over whether administrative suspensions make him ineligible for office.

In filings with the court, Doralee Chandler asked the justices to either dismiss Foster’s petition, because the issue of his eligibility is also being considered in a lawsuit filed on Chandler’s behalf in Circuit Court, or to allow her to intervene and state her case.

Foster, who was appointed to serve in the 20th Judicial Circuit by Gov. Mike Beebe in January 2013, has been suspended four times since 2009 for late payments on his annual Bar of Arkansas license fee. He is running against Chandler for another seat in the 20th Judicial Circuit.

The 20th Judicial Circuit serves Faulkner, Searcy and Van Buren counties.

Foster named Attorney General Dustin McDaniel and Secretary of State Mark Martin as respondents in the petition. McDaniel is tasked with pursuing writs such as Foster’s for the state and Martin with administering election laws, according to the petition.

Chandler said in an interview that the judge is not a qualified candidate for the office because of his suspensions. Foster’s petition, which he filed Monday, was an attempt to “circumvent the process” in the lower court, she said.

“I think the petition Judge Foster has filed is an attempt to limit my ability to argue this case before the trial court,” Chandler said.

Chandler said she still hoped the issue could move forward at the Circuit Court level.

Foster’s attorney, Jeff Rosenzweig, said he would not object to Chandler being added as a party in the petition. He said he served Chandler’s attorney, Lucien Gillham, with a copy of the petition and included her lawsuit in the petition’s record.

Rosenzweig said the Supreme Court is the proper venue for the case because at least three other lawsuits have been filed on the issue of suspensions and judgeship eligibility and could lead to inconsistent rulings in the lower courts.

“We filed this to give the Supreme Court the opportunity if they want to take it to decide the issue quickly … instead of piecemeal,” Rosenzweig said.

Judicial elections will be held May 20.

Chandler’s lawsuit argues that Foster does not meet the criteria for office required under Amendment 80 of the Arkansas Constitution because of his suspensions. Foster has been suspended for a total of 216 days since 2009, according to the lawsuit.

Amendment 80 states that circuit judges must have been “licensed attorneys” for at least six years “immediately preceding the date of assuming office.” Appeals court judges and Supreme Court justices must be licensed for eight years, while district judges must be licensed for four years before holding office.

Rule VII of the Arkansas Rules Governing Admission of the Bar states that “failure to pay the annual license fee … shall automatically suspend the delinquent lawyer from the practice of law in Arkansas.”

Assistant Attorney General Colin Jorgensen responded to Foster’s petition Monday, stating the court should hold that the administrative suspension for nonpayment “does not disqualify the attorney from eligibility to hold a judicial position pursuant to Section 16 of Amendment 80 to the Arkansas Constitution.”

Rule VII results in the attorney’s suspension from the “practice of law” and not a suspension of the attorney’s license, Jorgensen wrote, and the court can resolve the issue by “formalizing the current practice” of nullifying the suspension with receipt of late payments.

Arkansas, Pages 9 on 04/09/2014

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