FAYETTEVILLE — Judges in Washington and Madison counties hope for relative stability after several years of seeing faces rapidly change on the benches of the 4th Judicial District.
“I do think there’s something to be said for stability in the judge department, but I don’t know that it’s something that’s brought the system of justice to its knees — I don’t think it has — but I’m hoping we have some stability for a while now and a lack of changeover,” said Circuit Judge Mark Lindsay.
Circuit Judge William Storey said excessive turnover in a circuit can lead to a lack of continuity.
“We’ve had a significant amount of transition in these positions and I think, to some extent, it’s disrupted the process,” Storey said.
One high-profile class action lawsuit involving carbon monoxide in a Springdale apartment complex has been handled by two judges over the past six years and likely will have a third judge wrap up the case’s loose ends.
Lindsay said stability brings predictability, and that helps the system operate efficiently because lawyers come to know what to expect.
“It takes a while for the lawyers to get to know the judges, so hopefully we’re going to get past that now,” Lindsay said.
Woody Bassett, a Fayetteville attorney, said lawyers can adapt to practice before a variety of judges.
“Each judge is different, but you handle your cases in whatever court you’re assigned to,” Bassett said. “I think the administration of justice in the 4th Circuit will continue to be top-notch.”
Traditionally, sitting judges in the district have had long careers. Terms of 20 years or more without drawing an opponent were common. Thomas Butt served almost 50 years before retiring in 2000. John Lineberger spent 25 years on the bench. Most changes occurred when judgeships were added because of population increases.
However, Lindsay drew an opponent in the last election, which was considered a rarity for a sitting judge in the district.
“If my case is any indication, you may see people running against incumbent judges more than you have in the past,” Lindsay said.
A Season of Change
A regular term for circuit court judges is six years, but if a judge steps down before his term is complete, the governor is required to appoint a successor. Appointments are always until a successor can be elected at the next general election and take office. State law prohibits the appointee from running for election to the position to which he was appointed. An elected successor is free to run for re-election to the seat.
Two divisions have seen significant change over the last decade.
Mary Ann Gunn, former circuit judge, who oversaw the Washington-Madison County Drug Court program, stepped down last year to pursue a drug court-based reality television program. Gunn was replaced in Division 4 by Chadd Mason, who was appointed to the seat until a successor could be elected in the next general election. Mason couldn’t run for the seat. Cristi Beaumont was elected to the post in a November runoff and will serve the remaining two years of Gunn’s original term, ending Dec. 31, 2014. Beaumont can seek re-election to the position.
In Division 5, Mike Mashburn was appointed to fill a vacancy left by Butt’s resignation in 2000 and was elected to the position in November 2002. Mashburn suffered a stroke in 2007 and resigned. Gary Carson was appointed to replace Mashburn, but could not run for election because he was an appointee.
Mashburn ran, was re-elected and resigned in 2009 because of ongoing health concerns. Doug Martin was appointed to fill the seat until the next general election when the remainder of the term was up for grabs. Beth Bryan was elected in 2010 to serve the remainder of Mashburn’s term. Bryan’s term expires Dec. 31, 2014. She is eligible to run for re-election to the position.
More Changes Looming
Five judgeships are up for election in 2014. Two longtime judges have announced they will not seek re-election.
Circuit Judge Kim Smith, the longest currently serving judge, said he will step down Dec. 31. Smith took office Jan. 1, 1987.
Gov. Mike Beebe again tapped Doug Martin, a longtime Fayetteville civil attorney, for the seat. Martin is expected to serve the remainder of Smith’s term, which ends Dec. 31, 2014. A new Division 2 judge will be elected in May 2014, unless a November runoff is required. Martin, because he was appointed, will not be able to run for that position.
“It’s going to a different sort of feeling to walk into Judge Smith’s court and see a different face. We’re going to miss all his years of experience,” Bassett said. “But, we’re fortunate to have Doug Martin. He has experience as a circuit judge and on the court of appeals.”
Storey announced he will not seek re-election to the Division 1 seat he has held since being elected in 1991.
Storey, whose division handles primarily criminal cases, is age limited from seeking another term. The cutoff for judges to run is age 70, if they want to keep their pensions. Storey turned 70 in April and can finish his term that ends Dec. 31, 2014, without penalty. There is a move afoot to do away with the age limit, but Storey said he probably wouldn’t seek another term even if the Legislature does lift that restriction.
Storey first took the bench after being appointed in August 1989 to a circuit/chancery judgeship that heard juvenile matters.
Joanna Taylor was elected in 2010, in a runoff, to the newest judgeship, Division 7. Her term expires Dec. 31, 2016.
Women now outnumber men on 4th Judicial District benches. The change began in 1998 with the election of Stacey Zimmerman and Mary Ann Gunn.
Zimmerman and Gunn were joined by Bryan and Taylor in 2010.
Come Jan. 1, including Beaumont, four of the seven sitting judges in the district will be women.
Zimmerman will be the senior judge in the circuit after Smith and Storey step down.