Pulaski County justice of the peace seat remains unfilled as election nears

Hot-check offenses lead to removal of 2 from race

Pulaski County Justice of the Peace Kristina Gulley (left) and former Justice of the Peace Barry Jefferson are shown in these undated file photos. (Left, Arkansas Democrat-Gazette/Helaine R. Williams; right, Arkansas Democrat-Gazette/Staci Vandagriff)
Pulaski County Justice of the Peace Kristina Gulley (left) and former Justice of the Peace Barry Jefferson are shown in these undated file photos. (Left, Arkansas Democrat-Gazette/Helaine R. Williams; right, Arkansas Democrat-Gazette/Staci Vandagriff)


The midterm election is nine weeks away, and Pulaski County's Quorum Court's District 10 seat remains in uncertainty.

Incumbent Justice of Peace Kristina Gulley and her opponent, former Justice of Peace Barry Jefferson, have been removed from the race because of hot-check offenses.

Circuit Judge Chip Welch ruled in May that any votes cast for Gulley in the primary or November elections would be ineligible because of two hot checks from 1997 and 2003.

A complaint filed May 2 outlines numerous Arkansas Supreme Court decisions where hot-check offenses have been considered "infamous crimes," including a 2020 decision by the court in Wyatt v. Carr and the Pulaski County Board of Election Commission.

Gulley received 905 votes with Jefferson receiving 602 in the primary.

In June, a judge ruled that Jefferson was unable to hold the office and invalidated the candidate's votes from the primary because of a 2006 hot check conviction.

While Welch ruled that Gulley couldn't run for office, the May complaint did not ask for Gulley to be removed from office and the judge did not provide an opinion on the matter.

Prosecuting Attorney Larry Jegley and County Judge Barry Hyde petitioned Circuit Judge Chip Welch in June to remove Gulley from office and require her to repay the $29,037 in salary and benefits that she has received since taking office.

A temporary injunction was placed by Welch in July to keep Gulley from acting as a justice of peace as she awaits the final ruling of the court on the state's complaint.

Gulley's attorney filed record for an appeal of the injunction with the Arkansas Supreme Court shortly after the ruling.

Her attorney, Matthew Campbell, said Thursday that he will file Gulley's brief within a few weeks.

"She's hoping this can move along quickly and we can get the injunction reversed," Campbell said.

Campbell said he doesn't expect the state's June case to move much as it waits for the state Supreme Court appeal.

"I'm going to fight it all the way," Gulley said Tuesday.

Gulley said she would like to see the laws amended so that other politicians in the state don't end up in the same predicament.

This would include government bodies checking candidate records prior to the candidate taking office, according to her.

Until the cases are complete, the District 10 seat at Quorum Court meetings remains empty.

If a judge decides in favor of Gulley's appeal, she would be able to return to the seat while waiting for a final decision from Welch.

Welch's decision would determine if Gulley could hold the position until the end of the term or if the seat would be vacated.

Hyde, the Pulaski County judge, previously said that if the seat is vacated Gov. Asa Hutchinson would appoint someone to serve the remainder of Gulley's term, which ends Dec. 31.

With the ongoing court case, Hyde has been unable to give many details about the next steps.

"The Quorum Court is eager to bring this to an end and issue their resolution of a vacancy," Hyde said Thursday.

Welch's office nor Hutchinson's office had responded to inquires about the case by Friday.


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