Judge, City Attorney To Swap Jobs

Longtime Prosecutor Will Become Judge

— Jeff Harper and Ernest Cate will swap jobs and offices Jan. 1.

Harper, 57, who has been city attorney since 1987, will become the Springdale district judge. Cate, the current judge, was appointed Tuesday by the City Council to replace Harper as city attorney. There are two years left on Harper’s term as city attorney.

Harper
Harper
Judge Cate
Judge Cate

“I don’t think I have ever seen that before,” said Doug Norwood, an attorney who regularly represents clients in several Northwest Arkansas courts, including Springdale. “I do think they will have a smooth transition though.”

The appointment will allow Cate to work with Harper on the city attorney’s budget and Harper to work with Cate on the court budget, said Mayor Doug Sprouse.

“I thought it was best to settle who would be the city attorney,” Sprouse said. “I worked with Ernest when he was the deputy city attorney, and I know he will do a great job.”

Cate, 49, has been judge since January 2011 after Gov. Mike Beebe appointed him to replace Stanley Ludwig, who retired. Cate, as an appointee to a state position, couldn’t run for the office.

Previously, Cate served more than 12 years as deputy city attorney under Harper with four years as chief deputy. Now, Harper prosecutes cases in front of Cate.

“It may be an easy change for Ernest, but it will be a big adjustment for me,” Harper said.

Harper, 57, was unopposed in the judge’s race in the May election.

“Everybody in town thinks of me as the city attorney,” Harper said. “People stop me and tell me about everything from potholes in the road to dead possums in the street. They want me to do something about it.”

Becoming a judge will be hard for someone with a do-something attitude, Cate said.

“The change from being a proactive prosecutor to a reactive judge was the hardest for me,” Cate said. “As a judge, you listen to the facts presented in a case. You don’t deal with all the city issues.”

Cate said he made a few changes in the court, including taking credit and debit cards. Major changes could wait until a judge was elected to a four-year term, he said.

Harper said he will evaluate the court for six months before making major changes.

By The Numbers

Their Salaries

City Attorney $93,300

District Judge $113,190*

*Half the district judge’s salary is paid by the state, which sets the rate.

Source: City Of Springdale

“If I change anything, it would have to be beneficial to the public and helping the clerks to be more efficient,” Harper said.

No changes are planned for the city attorney’s office, Cate said. Harper hired him as his deputy and served as his mentor, he said

“He’s got a well-oiled machine over there,” Cate said. “I’ve worked with all of those people and know how good they are.”

Cate said he planned to run for city attorney in two years when the position is up for election next.

Some attorneys were concerned when Cate moved so quickly from prosecuting cases to being a judge, Norwood said. Cate proved to be a fair and impartial judge, he said, and Harper should be the same way.

“Harper brings a lot to the office,” Norwood said. “He is a student of the law and has always tried to learn more.”

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