The Arkansas Supreme Court on Thursday reinstated the law license of William Asa Hutchinson III, son of former Arkansas governor and Republican presidential candidate Asa Hutchinson, in a split decision saying a high court panel should have provided notice and held a hearing before suspending his license.
Hutchinson, 47, was arrested in January and later charged by Benton County prosecutors with possession of a controlled substance, driving while intoxicated second offense, and refusal to submit to a chemical test.
Within days of his arrest, a panel of the Arkansas Supreme Court Committee on Professional Conduct suspended his law license.
Hutchinson has pleaded innocent to the charges.
In a 4-3 ruling, justices said the high court prefers the committee to provide an attorney with notice and a hearing before issuing an interim suspension. While justices recognized rules permitted the panel's action, they noted "this was a rapid summary suspension for conduct unrelated to petitioner’s practice as a lawyer."
"In today’s world of instant communication and Zoom hearings, minimal notice and an opportunity to be heard imposes no real burdens," the majority opinion said. "And this court and its committees must lead by example by having rules that provide ample procedural due process protections."
Justices in the majority also raised concerns about uniformity of treatment, citing a case in which another lawyer had his license suspended months after he pleaded guilty in federal court.
"But to be clear: this court does not condone petitioner’s alleged violation of the law; nor do we condone his past behavior that has subjected him to Committee discipline," the majority opinion said. "We focus instead on the lack of uniform treatment and due process."
Chief Justice John Dan Kemp and associate justices Barbara Webb, Shawn Womack and Rhonda Wood were in the majority.
Associate justices Courtney Hudson, Karen Baker and Robin Wynne dissented.
Information for this article was contributed by Tracy M. Neal of the Northwest Arkansas Democrat-Gazette.