Judge stands by ruling on eligibility; won’t recuse, Faulkner County jurist says in JP election case

CONWAY -- A judge on Tuesday stood by his earlier ruling that state Parole Board member Andy Shock can legally run for a position on the Faulkner County Quorum Court.

Shock, a Republican from Saltillo, is challenging the Republican incumbent, Johnny Brady of Vilonia, for the District 10 seat on the Quorum Court. There is no Democratic contender for the position.

Circuit Judge Chris Carnahan rejected motions by the attorney for Brady, 70, and Brady's daughter, Shelly Carpenter, to recuse from the case or otherwise to reverse the ruling on Shock's eligibility.

Chris Burks, an attorney for Brady, said in an email that his clients would appeal to the Arkansas Supreme Court.

Carpenter and Brady have said that state law prohibits Shock from serving on the Quorum Court when he is also on the Arkansas Board of Parole. Shock, 44, has said state law does not prohibit such service if he was first on the Parole Board.

Shock has said state law required him to step down as the county's sheriff before he joined the Parole Board but said a reverse scenario that would require him to resign from the Parole Board is not prohibited under state law.

In the ruling, Carnahan wrote that the recusal issue had been "thoroughly argued without [Brady and Carpenter] providing any evidence necessitating recusal. In fact, [they] produced no evidence. Repeatedly in the course of the hearing [Brady's and Carpenter's] Counsel stated, at least four times, that there was no actual partiality or impropriety alleged by his clients, because 'there is none. ...'"

"... The only statements the Court heard of a perceived partiality or impropriety were vague references by [the attorney] to such unfounded claims. Additionally, [Brady and Carpenter] did not allege that the Court had communicated any bias toward any of the litigants," Carnahan wrote.

Burks has previously argued that Carnahan's ties to Shock and former Prosecuting Attorney Cody Hiland, who now is U.S. attorney for the Eastern District of Arkansas, were sufficient reason for Carnahan to recuse. Carnahan was a deputy prosecutor under Hiland.

Burks has previously argued "that Hiland, Carnahan and Andy Shock all worked together and were and are politically aligned" and "that Hiland and Shock have worked together against ... Brady."

In an email Tuesday, Burks said he has "never seen an order with as many personal attacks on an attorney [Burks] as this."

"It is very clear Judge Carnahan is upset that someone challenged him from ruling on his political allies' attempt to stay on the ballot," Burks said.

"Notably, Judge Carnahan does not deny that he is political allies with Shock, because he can't," Burks added.

Carnahan has previously said he has a "passing familiarity" with the people in in the case and said, "None of these people have ever been in my home."

Carnahan declined comment through his office on Burks' criticism Tuesday.

State Desk on 04/04/2018

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