The nonpartisan election for an open seat on the Arkansas Supreme Court flared into open accusations of rule-breaking and political partisanship against both candidates this weekend, all while an out-of-state Republican group began pouring $225,000 into the race.
The beneficiary of the new ad campaign, Workers' Compensation Commission Judge Barbara Webb, over the weekend attempted to deflect criticism about her own partisan ties -- she is married to Arkansas Republican Party Chairman Doyle Webb -- by pointing to past donations that her opponent, Pulaski County Circuit Judge Morgan "Chip" Welch, made to Democrats.
In return, Welch lobbed back complaints about Webb giving money to the Republican National Committee while she was a circuit judge in 2018, saying it was a possible violation of the state's judicial canons.
While judicial elections in Arkansas have been officially nonpartisan since 2001, spending by Republican-aligned groups and other partisan signaling have tested that neutrality in recent campaigns for the Supreme Court and other high-profile judgeships.
For example, while the state's judicial rules prohibit candidates from seeking or using the endorsement of officials elected on a party line, Gov. Asa Hutchinson, a Republican, is featured prominently in Webb's campaign's flyers giving past praise to Webb, without offering an official endorsement.
On Monday, the Republican State Leadership Committee's Judicial Fairness Initiative, which is separate from Webb's campaign, reported to the Arkansas secretary of state's office that it spent $125,000 on television ads, $75,000 on radio ads and $25,000 on digital ads, all supporting Webb.
That amount dwarfs what either candidate reported having available to spend in their latest campaign finance reports. In Monday's report, the Republican State Leadership Committee disclosed that it has an additional $175,000 available to spend in Arkansas.
The group spent even larger sums in 2018 in an unsuccessful effort to support David Sterling in a race for the Supreme Court that was won by Justice Courtney Hudson, who was seeking reelection.
It's unclear what specific advertisements the Republican State Leadership Committee is putting on the airwaves. The group uploaded an ad to YouTube on Monday railing against an "out-of-control left" and featuring images of notable Democrats -- Hillary Clinton, House Speaker Nancy Pelosi of California and U.S. Rep. Alexandria Ocasio-Cortez of New York. Webb, the ad says, "won't stand for any of it."
The Republican State Leadership Committee's state liaison did not respond Monday to a request for comment about the ad campaign.
Webb responded to the news of the Republican group's expenditure by saying that it is "not something my campaign has anything to do with."
Welch said the group's efforts are a clear attempt to support the wife of a prominent GOP official.
"They're running as Republicans. I'm trying to play by the rules," Welch said of his opponent's campaign.
With a week left before the March 3 election, Webb has sought to dismantle her opponent's claim to being a neutral candidate who speaks to both Democratic and Republican groups.
"Judge Welch is the one who started the race saying I was the partisan candidate," Webb said Monday.
In a joint appearance on KARK-TV's Capitol View program Sunday, Webb charged directly at Welch: "You gave to Barack Obama wanting [a] federal judgeship."
Welch responded on the program, saying, "I gave to Barack Obama. ... Prove that, that's just a lie."
According to federal election records, Welch gave a total of $3,073 to Obama's presidential campaign in 2008, as well as to two other Democratic presidential candidates that cycle.
Welch quickly followed up in the interview that he had donated to Obama, and he took to social media later Sunday to clarify that he had accused Webb of lying for suggesting that his donations were intended to curry favor for an appointment to the federal bench.
"Never denied giving to both political parties, denied 'tried to buy a federal judgeship,'" Welch tweeted Sunday.
Welch was one of three candidates named to a short list for a spot on the U.S. District Court for the Eastern District of Arkansas in 2009 by U.S. Sens. Blanche Lincoln and Mark Pryor, both Democrats. Obama ultimately nominated another candidate, Denzil Price Marshall, who was confirmed to the post in 2010.
At the time that he was recommended for the judgeship, Welch was working as a personal-injury attorney in North Little Rock. He also had a history of donating to Democratic candidates.
Records show Welch gave money to Pryor -- an "old friend" -- and the Democratic campaign committees for both the U.S. House and Senate. Welch recalled Monday that he had been contacted by Pryor about the judgeship and responded to the senator that he was interested. However, he said, he never filled out the typical vetting documents.
Welch ran in the Democratic primary for the state House of Representatives in 1980. He explained recently that he ran as a Democrat because of the party's overwhelming control of the Legislature at the time. Welch has also responded to the fact that his daughter, Ashley Hudson, is now running for the Legislature as a Democrat by saying that his son is a Republican.
Welch also said Monday that he has given money, indirectly, to Republican candidates.
Before becoming a judge in 2012, Welch made repeated contributions to the political action committee of the Association of Trial Lawyers of America (later the American Association of Justice). As part of that group's board, he said he helped steer money to Republican candidates, including U.S. Sen. Lindsey Graham of South Carolina.
Records indicate that Welch stopped contributing money to federal political campaigns shortly before being elected to the bench in 2012.
"She wants to change the narrative," Welch said Monday. "She's not doing well on the qualifications and she's starting to feel the heat on running a purely partisan campaign."
After the KARK interview, Welch also ramped up his criticism of Webb's political spending, pointing to donations she gave to Hutchinson before he appointed her to fill a judicial vacancy and to the Republican National Committee while serving as a judge.
The latter, Welch said, violates judicial rules that prohibit judges from donating "to a political organization or a candidate for public office."
Webb gave a total of $735 to the Republican National Committee in donations dated to April and July 2018, during her one-year stint as an appointed circuit court judge on the 22nd Judicial Circuit, which covers Saline County.
When asked about the contributions on Monday, Webb said that they were for tickets to dinners hosted by the Republican National Committee which she said she attended as a guest of her husband.
Webb said she was told by the Arkansas Judicial Discipline and Disability Commission at the time that the purchase of the tickets did not violate the state's judicial rules. "It's clearly not an illegal contribution," she said.
Commission Director David Sachar on Monday declined to comment on any specific cases.
The judicial general election is March 3. Webb and Welch are competing for the high court's Position 4, a statewide post.
Metro on 02/25/2020