Retired judge called to assess suit on wage ballot initiative

The Arkansas Supreme Court has appointed a former Court of Appeals judge to evaluate evidence and arguments in a challenge to the ballot initiative that seeks to raise the state's minimum wage.

On Thursday, the court named John B. Robbins to serve as "master" over the suit filed by Jackson Thomas Stephens Jr. on Monday seeking to invalidate the ballot issue that, if passed by voters Nov. 4, would gradually raise the state's minimum wage to $8.50 per hour.

Arkansas is one of four states with a minimum wage set lower than the federal rate of $7.25 per hour. The state's minimum wage is $6.25 per hour.

As master, the court wrote, Robbins would be tasked to "determine whether the allegations contained in [Stephens'] petition are true" and to file a report on his findings with the high court by noon Oct. 10.

Stephens, son of Jack Stephens Sr., founder of investment group Stephens Inc., argued that Secretary of State Mark Martin's office erred by accepting petition submissions July 7, which his complaint argued was untimely.

The Seventh Amendment of the state constitution states that submissions must fall four months before the election.

The complaint, filed earlier this week, also states that Martin's office threw out 8,000 petitions due to illegible language during the initial count but contends that it should have thrown out another 8,000 signatures that were also illegible.

Stephens' suit also challenges many other signatures and claims fraud may have occurred.

Supporters of the ballot issue said they were confident that they and Martin's office followed the proper procedures.

Robbins, who sat on the Arkansas Court of Appeals for 20 years before retiring in 2012, will evaluate the records, including the signatures submitted in the court record, and brief the Supreme Court.

Once he submits his report, the court can accept it or ask for further briefing, according to court officials.

Included in the court's order Thursday was an order for an expedited briefing.

Parties will submit briefs by 5 p.m. Oct. 13. Reply briefs will be filed Oct. 16.

Metro on 09/26/2014

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