Petition says Pulaski County JP candidate ineligible to run because of hot check conviction

Barry Jefferson is shown in this file photo.
Barry Jefferson is shown in this file photo.


A petition filed Wednesday in Pulaski Circuit Court claims Pulaski County justice of the peace candidate Barry Jefferson is ineligible to serve because of a previous hot check conviction -- the same reason incumbent and former opponent Kristina Gulley was removed from the race.

Jefferson by default is the only candidate running after Pulaski County Circuit Judge Morgan E. Welch ruled last month in favor of a petition that claims Gulley's previous misdemeanor hot check convictions are considered "infamous crimes" under the Arkansas Constitution.

Infamous crimes are defined in the Constitution as embezzlement of public money, bribery, forgery, felony offenses, abuse of office, tampering and any misdemeanor offense in which the finder of fact was required to find, or the defendant to admit to, an act of deceit, fraud or false statement.

The state Supreme court has ruled previously that hot check convictions are considered "infamous crimes."

Gulley's hot check convictions dated to 1997 and 2003. The petition filed May 2 by Henry and Detrice Robinson states she pleaded guilty to a hot checks made to Pizza Hut and Jada China.

Wednesday's complaint, filed by Florence Wiley, claims Jefferson was found guilty of a hot check violation in 2007. It alleges other criminal activity such as a previous charge from K-mart for theft and unpaid fines to Phillips County District Court.

When asked for comment Wednesday, Jefferson said he was unaware of the filing and would call back with a comment. He did not respond by early evening.

County Judge Barry Hyde also said he was unaware of the allegations.

"I have full confidence the courts will do what is appropriate under the law," Hyde said.

County Attorney Adam Fogleman said the county will wait until a judge has ruled in the case before taking any action.

"Once the court has an opportunity to consider the facts in the case, then we'll be ready to address the facts as they come down," he said.

Jefferson and Gulley had a heated campaign in 2020. It included Jefferson filing a Pulaski County Sheriff's Office report claiming Gulley was harassing him. Gulley disputed the claim and won the election -- a seat Jefferson held at the time.

Gulley has claimed that Jefferson was behind the petition filed against her in early May. The petition filed Wednesday also claims the petitioners, Henry and Detrice Robinson, are acquaintances of Jefferson. The filing includes pictures of Jefferson and Henry Robinson together and social media posts made by both Robinsons in support of Jefferson.

"It seems like a strategic plan to knock me out so he could walk into a position," Gulley said Wednesday. "People in glass houses shouldn't throw stones."

Gulley remained in office as of Wednesday.

A motion to remove her from office based on the hot check was made by the Robinsons following the judge's decision on her ineligibility to run. Pulaski County also filed a motion asking for the judge's decision.


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