FORT SMITH -- The Sebastian County Quorum Court has declared its District 13 seat vacant and asked the governor to appoint a successor.
Without any discussion Tuesday, all 12 members on the Quorum Court voted to pass a resolution declaring the vacancy for the seat after Denny Altes resigned from the position May 26 after being named state drug director by Gov. Asa Hutchinson.
Tuesday's vote was the second attempt the Quorum Court made to declare the vacancy. The members rejected the same resolution last month by a vote of 9-3.
After what he called an unprecedented vote by the Quorum Court, County Judge David Hudson turned to Prosecuting Attorney Dan Shue for an opinion on how to deal with the Quorum Court's failure to declare the vacancy.
Shue issued an opinion that justices of the peace should vote again and quoted Arkansas Code Annotated 14-14-1309.
"The quorum court of each county shall declare a county, county quorum court district, or township office vacant where conditions of vacancy exist," a passage of the law said.
Use of the word "shall" in the law, Shue wrote, meant that the Quorum Court was required to declare the vacancy.
Contacted after their vote last month, some Quorum Court members said they voted against the resolution because they had questions about how the governor would appoint the successor and who it would be.
Altes began his two-year term in the District 13 position on Jan. 1, after winning in the November election without opposition when longtime Quorum Court member Ray Stewart chose not to seek re-election.
NW News on 07/23/2015