CONWAY — A judge ruled today that former Faulkner County Clerk Margaret Darter is eligible to take the office again in January despite a recent misdemeanor conviction.
The ruling by Circuit Judge David Clark came the morning after Darter, a Republican, defeated Democrat Penny McClung.
An appeal to the Arkansas Supreme Court seems likely.
Clark ruled that Darter's offense — obstruction of governmental operations — did not qualify under state law as an infamous crime, the standard by which the law determines whether a person is eligible to hold a public office.
Clark agreed to order the election commission not to certify Darter's votes before Monday so that his ruling can be appealed.
Chris Burks, an attorney for the Arkansas Democratic Party, said he would check with the four Faulkner County voters he represented in this case to see if they want to appeal. The plaintiffs were not at the hearing.
Darter said she was pleased with the judge's ruling.
Darter pleaded guilty last month to the misdemeanor charge. It resulted from her having dated some public officials' statements of financial interest incorrectly to make it appear that the forms were filed on time under state law even though they were late. She resigned the office as part of her plea agreement, which did not preclude her from seeking re-election.
Read Thursday's Arkansas Democrat-Gazette for full details.