HOT SPRINGS -- All four of Garland County's circuit judges have recused from the felony tax case of state Rep. Mickey Gates, R-Hot Springs, and have asked the Arkansas Supreme Court to appoint a special judge from outside the county to hear the matter.
According to a criminal information filed July 2 with the circuit court by Special Prosecutor Jack McQuary, Gates is charged with six counts of failure to pay or file a tax return, a Class D felony punishable by up to six years in state prison and a fine of up to $10,000.
Each count represents one year that Gates is accused of failing to file a return: 2012, 2013, 2014, 2015, 2016 and 2017.
Circuit Judge Marcia Hearnsberger filed a letter of recusal in the case early Monday afternoon, followed a short time later by Judges John Homer Wright and Lynn Williams.
Judge Wade Naramore recused Tuesday.
None of the letters stated a reason for recusing, other than the wording "I have a conflict."
A separate letter Hearnsberger sent to Chief Justice John Dan Kemp, notifying him that all local judges have declined to accept the case, was filed Wednesday with the circuit clerk's office.
"In order to avoid the appearance of impropriety, I have recused from hearing this case," states the letter, which was dated Wednesday.
"We are asking that a judge be appointed from outside of this County to hear this matter," Hearnsberger said in the letter.
Gates is accused of owing $259,841 in back taxes.
The affidavit in support of his June 28 arrest said he has not filed a state income tax return since 2003, but a six-year statute of limitations on tax offenses prevents him from being prosecuted for offenses before 2012.
The Republican Party of Arkansas said Friday that Gates is likely to run in the November general election despite the pending felony charges. An email the state committee sent to The Sentinel-Record said it "believes Rep. Gates intends to run this November."
Gates has not responded to a request for confirmation. The two-term lawmaker will face Democratic nominee Kevin Rogers in the Nov. 6 general election for the right to represent eastern Garland and northern Saline counties in the state House.
State Desk on 07/12/2018