Here’s some clear law for you, Justice Rhonda Wood.
Arkansas Code § 7-10-102(a): “The offices of Justice of the Supreme Court, Judge of the Court of Appeals, circuit judge, district judge, and prosecuting attorney are nonpartisan offices.”
Arkansas Constitution, Amendment 80 §18(A): “Supreme Court Justices and Court of Appeals Judges shall be elected on a nonpartisan basis by a majority of qualified electors voting for such office…”
So why are you attending a Republican fundraiser?
On October 15, you and Secretary of State John Thurston will be at the Pike County Republican Committee meeting. This isn’t just a meeting; this is a fundraiser. You, in your nonpartisan role, are attending one party’s fundraiser.
And, a quick google reveals, this isn’t the first time. You’ve spoken at Union County Republican meetings and the Garland County Republican meetings.
Wait, you’re not alone! Your colleague Barbara Webb (husband currently under investigation for campaign finance violations) has also attended a Garland County Republican meeting.
This is just another example of Arkansas Supreme Court justices flagrantly violating their charge to avoid even the appearance of partisanship. Our state Constitution and Code state as much! The Code of Conduct for Arkansas judges is chock full of references to avoiding the appearance of impropriety or partisan conduct.
So let us paint a hypothetical picture. Say you’re a member of the 7-person Supreme Court, and there’s a tough case in front of you. Let’s say, hypothetically, it’s about a proposed amendment to the Constitution to loosen draconian and deadly abortion bans in the state.
Let’s also say that three of your colleagues have indicated thus far in the proceedings they believe the rule of law should be followed: the amendment should be allowed to correct a minor paperwork issue and the rights of 102,000 voting Arkansans should be protected at all costs.
Let’s say three more of your colleagues have already proven their partisan hackery in the past; indeed, one of them is the former chair of the statewide GOP, another’s husband is a law-breaking lobbyist, and the last swore in the new chair of the statewide GOP.
You’re the tie-breaking vote.
A bit of a wrinkle in this tale: it’s an election year and you really want to be Chief Justice. Your opponent is one of your colleagues who wants to follow the law and let this amendment on the ballot. But you want all those anti-choice votes, and you want the party in power – the GOP – to be your friend, and all the “benefits” that comes with those friends.
So what do you do?
If you’re Rhonda Wood, you stamp all over the Constitution, voters’ rights, Arkansas Statute and the Judicial Code of Conduct. Nobody can you touch you, after all, because you just made your friends very happy, and they’ll protect you.
The Governor tweets about how proud she is of the “conservative” majority in Arkansas.
This is the way things work in Arkansas. Justices deciding the law is what they say it is, and then refusing to avoid even the appearance of partisanship.
This cannot be the way things work in Arkansas. Justices should be bound by the law, and if Rhonda Wood doesn’t think that, then she’s no justice at all. She’s a partisan, through and through, and Arkansans deserve better.
