Call rises: Shoffner should quit

As state Treasurer Martha Shoffner prepared to fight federal prosecutors, a U.S. senator, the governor, the attorney general, nearly two-dozen House Democrats and both political parties called on her to step down.

Allegations that Shoffner took cash in exchange for directing state business to a broker have undercut her credibility and raised doubts about her ability to manage billions of dollars in state investments, critics said.

Shoffner, a Democrat, said when leaving court Monday that she does not plan to resign at this time.

Speaking before an event Monday, Gov. Mike Beebe urged Shoffner to resign, adding that he was shocked by the conduct alleged in the case.

“Everybody is presumed innocent, and I un-derstand that, but there is a difference between a public official and alleged acts that are contained in that affidavit surrounding her official duties,” he told reporters. “It would be very hard, in my opinion, for that office to properly function under her continued leadership, so I think she should resign and I think that she should resign immediately.”

He said the allegations in an affidavit released Monday appear to be straightforward.

“Common sense allows most folks to be able to read the affidavit, and to the extent that the affidavit is true - and I have no reason to believe it is not - it’s pretty ironclad,” Beebe said.

The state Democratic and Republican parties called for her resignation, as did fellow Democrats U.S. Sen. Mark Pryor, and gubernatorial candidates former U.S. Rep. Mike Ross and former Lt. Gov. Bill Halter.

Shoffner has been elected treasurer twice. She is term-limited, and her current term ends in late 2014. Shoffner appeared Monday in federal court in Little Rock after being arrested Saturday in her Newport home. Authorities say an FBI informant secretly recorded her taking $6,000 in return for her directing lucrative state business his way.

Attorney General Dustin McDaniel was the first prominent Democrat to publicly call for Shoffner to resign. In a news release Monday afternoon, he said he was “deeply disturbed about the allegations” against her.

“If proven to be true, these actions are a betrayal of her oath to our constitution and to our people. Although Ms. Shoffner is presumed innocent, I believe that she should resign immediately to allow the work of the Treasurer’s Office to continue,” McDaniel said.

Pryor issued a similar statement saying Shoffner should be prosecuted to the full extent of the law.

“Arkansas deserves better,” he said.

Democratic Party of Arkansas Chairman Will Bond issued a statement saying that while Shoffner has the right to be presumed innocent, “Arkansas taxpayers have the right to have confidence that their money is being invested and managed properly. In order to restore public trust and to allow the Treasurer’s office to operate its duties, we ask Treasurer Shoffner to resign immediately.”

Ross said in a statement that elected officials need the public’s trust.

“It has become clear that Martha Shoffner’s arrest and legal problems have broken the public’s trust,” he wrote.

Democratic Party spokesman Candace Martin said she’s unaware of anyone going to Shoffner’s defense.

“Certainly these allegations are so severe and hurt the public trust in such a way that the state’s leaders have asked for her resign,” Martin said.

Some Republican lawmakers began saying that Shoffner should resign after an audit of her office was referred to state and federal officials in December. They reiterated that call this weekend.

Sen. Jason Rapert, R-Bigelow, said Shoffner “should resign rather than take the state of Arkansas through a situation like this.”

In a news release Sunday, Dennis Milligan, who is seen as a potential 2014 Republican treasurer candidate, called on Shoffner to resign.

Republican Party of Arkansas Chairman Doyle Webb expressed concern over the distraction a trial would cause if she remains in office.

“While our justice system provides for her presumed innocence until proven guilty, the wrongful acts that are alleged are very serious in nature and are directly related to her official duties as state treasurer,” he said.

Twenty-two freshmen House Democrats also called on Shoffner to resign immediately.

Rep. Warwick Sabin, D-Little Rock, who led the freshman caucus, said freshmen Democrats were “outraged by Shoffner’s alleged criminal actions.”

If Shoffner were to resign, Article 6, Section 22 of the state constitution requires the governor to appoint someone to serve the remainder of the term.

Being charged with a felony does not mean that Shoffner has to resign the office, but, if she is convicted, she would have to resign.

The Arkansas Constitution prohibits a person from holding office in Arkansas if convicted of embezzlement of public money, bribery, forgery or other infamous crime.

Beebe said he thought over the weekend about who he could appoint to replace Shoffner, “but there are no immediate names.”

No conversations have been held with potential appointees. “I haven’t had time to think about talking to anybody yet about a replacement,” Beebe said.

Beebe spokesman Matt DeCample said the governor would look at other “available options” if Shoffner does not step down.

“Right now we don’t have any plans past the governor calling on her to resign,” De-Cample said.

All constitutional officers, judges and prosecuting attorneys are subject to impeachment under Article 15 of the Arkansas Constitution. Two-thirds of both the House and Senate would have to vote in favor of impeachment. If that occurred, the governor could remove the impeached officeholder.

University of Arkansas at Little Rock political science professor Art English said the charges against Shoffner will make the 2014 election interesting for Democrats.

“It’s going to be very, very difficult … for a Democrat to win that office next time around,” English said.

English, who teaches about Arkansas politics, said the Shoffner case will likely affect Democrats’ chances of winning other constitutionaloffices, as well.

Auditor Charlie Daniels, a Democrat, has announced that he will not seek re-election. Beebe and McDaniel are term-limited. The other three offices- lieutenant governor, secretary of state and land commissioner - are held by Republicans.

“That’s going to have implications in terms of who is going to be deemed the majority party,” English said. “It’s just going to be tough for Democrats to hold onto some of those offices in the upcoming election.”

He said it is “not impossible, but highly, highly, improbable” that a Democrat will be elected treasurer in 2014, and many Democratic candidates will think twice about even running.

“The political implications, it seems to me at this point, are pretty substantial,” he said.

He said Shoffner’s resignation would give Beebe a chance to appoint someone else to the office to serve for the next 18 months, and that “will definitely help.”