A Pulaski County circuit judge Thursday heeded a request by attorney Matt Campbell of Little Rock to dismiss Campbell's challenge of the Arkansas Ethics Commission's decision to grant Treasurer Dennis Milligan immunity from sanctions for alleged errors in campaign-finance reports.
On Feb. 3, Milligan signed the commission's offer for him to pay a $400 fine and receive a public letter of warning to settle a wide-ranging ethics complaint filed by Campbell. Milligan agreed with the commission's finding that he violated campaign finance laws four times by failing to provide certain information on his campaign finance reports -- mistakes that he described as "technical errors" that he wished his campaign volunteers would have reported correctly the first time.
A week later, Campbell asked a circuit judge to reverse the commission's ruling granting Milligan immunity from sanctions for other errors in his campaign finance reports. Campbell contended that the commission improperly applied the "affirmative defense" retroactively under Act 1280 of 2015, which bars the commission from investigating an alleged error in a campaign finance report if the candidate corrects the unintentional error within 30 days of learning about it.
Milligan is a Benton Republican who has been the state's treasurer since January 2015.
Campbell is a self-described left-leaning blogger, whose blog is called the Blue Hog Report. His ethics complaint against then-Republican Lt. Gov. Mark Darr of Springdale ultimately led to Darr agreeing in December 2013 to pay a $11,000 fine to the commission for 11 violations of state ethics laws and regulations. Darr also resigned his post effective Feb. 1, 2014.
Thursday, Pulaski County Circuit Judge Mackie Pierce granted Campbell's motion to voluntarily dismiss "without prejudice" Campbell's challenge of the commission's decision to grant Milligan immunity, according to court records.
"I just don't have time right now to pursue that appeal," Campbell said in a written statement. "I'm swamped with real work for clients, and I'd rather focus on the appeal regarding the governor in what extra time I have.
"Plus, the voluntary dismissal gives me a year to re-file that appeal if I choose to."
Milligan said Campbell didn't respond to a motion to dismiss filed in June by Milligan's attorney, Byron Freeland. That motion pointed out numerous flaws in Campbell's complaint, Milligan said, and "now, Campbell is non-suiting the action before the court has an opportunity to rule against him."
"In my opinion, it is easy to file misguided complaints, but it does come at a cost to the taxpayers. Each time Campbell sues a state entity, such as the Ethics Commission, Arkansans pay for the defense mounted by the attorney general," Milligan said.
"I felt from the start I would be vindicated in the end, but now the games are over and it's time to continue to produce the excellent returns on the state's investments. Now is the time to quit bogging down an overworked judicial system, and now is the time to quit wasting taxpayers' money for partisan, political attacks," Milligan said.
In response, Campbell said, "I did not see a need to respond to Mr. Milligan's attorney's motion. After all, Mr. Milligan was included as a party to the appeal only because I assumed he would have moved to intervene if I hadn't included him.
"Further, and contrary to Mr. Milligan's expert legal opinions, even if he'd been dismissed, the appeal would have proceeded," Campbell said. "It was an appeal based on the ethics commission's improper application of the law. It had literally nothing to do with Mr. Milligan's interpretation of the law. Similarly, the non-suit had nothing to do with Mr. Freeland's motion, which seemed to be little more than an effort to increase Mr. Milligan's legal fees. If and when I re-file the appeal, I will go ahead and omit Mr. Milligan."
On July 22, the Ethics Commission voted 3-0 to dismiss Campbell's complaint that said Republican Gov. Asa Hutchinson campaigned for state Sen. Eddie Joe Williams, R-Cabot, on Feb. 29 during "usual office hours."
Campbell responded to the decision by filing an appeal in Pulaski County Circuit Court. The case has been assigned to Circuit Judge Wendell Griffen, according to court records.
In its 3-0 ruling, Commissioners Robert McCormack of Conway, Tony Juneau of Rogers and Ashley Driver Young of Little Rock voted to dismiss Campbell's complaint, while Commissioner Sybil Jordan Hampton of Little Rock abstained. Commissioner Sharon Trusty of Russellville was absent from the meeting.
Hutchinson told reporters Tuesday that "The public expects the governor to engage in the political process because you can't separate accomplishing legislation without engaging in the political side, too.
"They trust the governor to make the right judgment and discretion there, or they'll be voted out of office. That's the way our system has always worked. [Former Democratic Gov.] Bill Clinton and all the way back we've had that history," he said.
"So, it is a little bit frustrating that we had a liberal blogger that just said we are going to raise this issue against you and continue to raise that. But the Ethics Commission ruled the right way," Hutchinson said.
"I do hope the Ethics Commission can somehow achieve the right balance between being responsive to citizens and investigating complaints, but avoid being used as political tools. It's difficult to achieve. I think that is something that they need to continue to look at," Hutchinson said.
McCormack's term expires at the end of this year, and the governor will appoint McCormack's successor. In 2012, then-Democratic Gov. Mike Beebe appointed McCormack to the commission.
Metro on 07/29/2016