CONWAY -- A circuit judge will hear arguments Monday on whether Margaret Darter's misdemeanor guilty plea makes her ineligible to hold the office of Faulkner County clerk.
Four county residents -- represented by Chris Burks, general counsel for the Arkansas Democratic Party -- challenged Darter's eligibility in a petition filed earlier this week in Faulkner County Circuit Court. They are Milton and Claudia Davis, Carol Schedler and Michael Taylor.
"Orderly elections with qualified candidates matter -- this suit seeks no more," Burks wrote.
Darter, a Republican, faces Democrat Penny McClung in the Nov. 8 election.
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Darter held the office until she resigned Oct. 12 after pleading guilty to obstruction of governmental operations, a Class C misdemeanor, as part of a negotiated agreement. Under the deal, Darter was free to continue seeking re-election on Nov. 8, though the special prosecutor's office handling the case took no position on whether she could legally hold the office again.
Darter originally was charged with a felony, tampering with a public record.
She was charged after she told justices of the peace in February 2015 that their annual statements of financial interest were due Jan. 31 of that year and after she later changed the dates on some of their forms to make it look as if they were filed on time even though they were not.
Burks' petition names Darter, the county's three-member Election Commission and the current clerk, Tammie Lemings, as defendants. The Quorum Court appointed Lemings, who had been chief deputy, to the position for the rest of Darter's term.
The petition says the Arkansas Legislature has classified five types of crimes as "infamous," with one of them being a misdemeanor offense in which "the finder of fact was required to find, or the defendant to admit, an act of deceit, fraud, or false statement."
Darter was convicted of a crime involving "dishonesty" and "deceit" and was convicted of an an infamous crime under the law, the petition says.
Darter's attorney, Frank Shaw, said Wednesday that he does not view Darter's offense as an "infamous crime," a term used in state law to determine which criminal offenses make a person ineligible to hold public office.
The Class C misdemeanor "is just one notch above a traffic violation," Shaw said. "In fact, it's not as serious as" a charge of driving while intoxicated. "It's the most minor offense that Arkansas law has to offer that's classified as a misdemeanor."
"This is a political move against Margaret by ... the state Democratic Party" and is aimed at ensuring that the only other candidate, a Democrat, be elected, Shaw said.
The petition asks the commission to annul Darter's candidate certification, not to count any votes for Darter and not to accept a replacement candidate per another state-law provision.
The hearing Monday will be before Circuit Judge David Clark. He accepted the case after three other judges recused. They were Mike Murphy, Troy Braswell and Charles Clawson Jr., who presided over Darter's criminal case.
The Election Commission has called a meeting for this afternoon to discuss its response to the petition.
David Hogue, the attorney who represents the county, said he would represent the county in whatever course the commission chooses to pursue. But he said Wednesday that he personally believes Darter's offense constitutes an "infamous crime."
Hogue said he's not happy with that decision because "Margaret is a friend."
Hogue said he will advise the panel of the three positions on Darter's status -- those of the petitioners, Shaw and Hogue's own.
"I'm also going to give them the option of staying ... absolutely neutral and not taking a position in this fight," Hogue said.
Hogue said that while he and Burks share the same conclusion about an infamous crime, they reached it in different ways.
State Desk on 10/27/2016