A former Pulaski County Circuit judge who was removed from the bench for violating judicial rules asked a court Friday to let the votes count as he runs as a write-in candidate for his old job.
Willard Proctor Jr. asked a former colleague on the Pulaski County Circuit Court to consider his argument that the Legislature overstepped its bounds when it adopted a law regarding the removal and suspension of judges.
In a new lawsuit, Proctor says the Arkansas Constitution doesn’t give the Legislature authority to establish qualifications for constitutional offices, such as circuit judges. But by enacting a law that says judges removed from the bench can’t run for re-election, the Legislature effectively created a qualification for the job, he says.
“It is in effect a qualification and runs afoul of the Arkansas Constitution,” said Proctor’s attorney, Chrishauna Clark.
Attorneys for the state say barring a removed judge from running for re-election is a sanction, not a new qualification.
Document set
Proctor and Cycle Breakers
It’s the second lawsuit Proctor has filed since the Arkansas Supreme Court removed him from the bench in January. His first suit, in federal court, was dismissed over jurisdictional issues. Proctor didn’t file for re-election and is now running as a write-in candidate for his old seat on the circuit court.
He’s asking Circuit Judge Mackie Pierce to issue a ruling that would let votes for him count in the May 18 election. Pierce didn’t rule from the bench Friday, but said he would make a decision well before early voting begins May 3.
“You all raise some issues and make good arguments on both sides of the fence,” Pierce said.
The state Supreme Court ordered Proctor removed from the bench after the Arkansas Judicial Discipline and Disability Commission accused him of violating judicial rules in his relationship with participants in the Cycle Breakers program. According to the state, Proctor sent money to a robber he had sentenced to prison and let the man live at his house for more than week. The commission also determined Proctor gave rides in his personal vehicle to at least eight defendants.