Ethics complaint against Arkansas Supreme Court candidate dismissed

Panel says complaint over rally attendance not in purview

The Arkansas Ethics Commission on Friday dismissed a complaint filed against unsuccessful state Supreme Court candidate David Sterling, who is legal counsel for the state Department of Human Services, over his attendance at a Sept. 21 rally featuring Vice President Mike Pence.

The complaint, filed by James Baxter, alleged that Sterling attended the rally for the purpose of devoting time and labor to his Supreme Court campaign but didn't submit any leave requests to the department, commission Director Graham Sloan said in a letter dated Friday to Sterling.

With commissioner Ashley Driver Younger not present, the Ethics Commission voted 4-0 to dismiss the complaint, according to Sloan's letter.

The commission's ruling was based on the fact that Arkansas Code Annotated 7-1-103 (a) (2) (A) (i) makes it unlawful for any public servant, defined in Arkansas Code Annotated 21-8-402, to devote any time or labor during usual office hours toward the campaign of any other candidate for office or for the nomination to any office, Sloan said.

"The allegation was that you attended the September 21st rally for the purpose of devoting time and labor to your own campaign," according to Sloan's letter. "With respect to the allegation that you did not submit a leave request to attend the rally in question, the commission concluded that the lack of a leave request might constitute a personnel matter for the Department of Human Services, but that this allegation falls outside the scope of the laws under the commission's jurisdiction."

[2018 ELECTION: Full Democrat-Gazette coverage of Arkansas races]

Sterling said Friday that he went to the rally after work about 4:30 p.m., so he didn't need to submit a leave request.

"I put in leave requests whenever I needed to," he added.

Baxter could not be reached for comment by telephone Friday afternoon. In the Nov. 6 election, Sterling of Little Rock lost to Justice Courtney Goodson of Fayetteville. Goodson won a second eight-year term on the court.

Metro on 11/18/2018

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