FORT SMITH -- Arkansas law states the Sebastian County Quorum Court did not have the discretion earlier this week to reject a resolution declaring a vacancy on the court, the county's attorney wrote in an opinion.
After receiving the opinion he requested from Prosecuting Attorney Dan Shue, David Hudson, county judge of Sebastian County, said Friday that he will call on the Quorum Court to vote on the resolution again at its July 21 regular meeting.
By a vote of 9 to 3, the Quorum Court failed to pass the resolution declaring a vacancy for the District 13 seat, which was occupied by former state Rep. Denny Altes until he resigned last month after being named by Gov. Asa Hutchinson as the Arkansas drug director.
Voting against the resolution were Justices of the Peace Johnny Hobbs, Phil Hicks, Shawn Looper, Tony Crockett, John Spradlin, Rhonda Royal, Dickie Lee Robertson, Linda Willsey Murry and Bob Schwartz.
Hudson said after the meeting that he was surprised at the Quorum Court's unprecedented vote, because declaring vacancies is a routine chore and the only way to fill a vacant position.
"This is the first time; this is unique," he said.
Not faced with such a situation before, Hudson turned to Shue for an opinion on how to deal with the court's failure to declare Position 13 vacant.
"It is my opinion that the Sebastian County Quorum Court is obligated to declare a vacancy in this position," Shue wrote Thursday.
He wrote that a portion of Arkansas Code Annotated 14-14-1309 states, "The quorum court of each county shall declare a county, county quorum court district, or township office vacant where conditions of vacancy exist."
Shue included in his opinion a 2002 Arkansas attorney general's opinion on the statute that said, "The above-quoted language makes use of the mandatory term 'shall.' In my opinion, the use of 'shall' in this statute indicates that the authority granted in the statute is directional rather than discretionary."
Shue wrote to Hudson that he was concerned that the Quorum Court's failure to declare a vacancy will disenfranchise residents of District 13. He recommended that the resolution be placed on the agenda for next month's meeting and that the Quorum Court pass it.
The Arkansas Democrat-Gazette attempted Friday to contact the nine justices of the peace who voted against the resolution, but only two responded.
Crockett, who represents District 4, said he voted against the resolution because he thought the vacancy already had been declared. He said he also had questions about how the government appoints someone to fill a vacancy.
He said he got a call after the meeting from a resident of his district, Fort Smith attorney Rex Terry, who called to ask him why he voted as he did. He said he took the opportunity to ask Terry to explain the appointment process.
"I think I'll vote for it next time," Crockett said.
Robertson, the justice of the peace for District 10, said he favored filling the position but was not sure the governor would appoint someone from the district.
"I want someone in the position who will represent the people of the district," he said.
He said he heard that some members on the Quorum Court were concerned that former District 13 Justice of the Peace Ray Stewart, who Altes succeeded, would be appointed.
Robertson said he had no problem with Stewart being appointed, but "I don't know what's in the governor's mind."
Stewart chose not to run for re-election after his term expired last year.
J.R. Davis, the governor's spokesman, said the process of choosing a successor for Altes can begin only after the Quorum Court declares a vacancy.
"The governor's office has to wait for the official notification of vacancy," he said. "Once we receive the [vacancy notification], we can move forward from there."
Those interested in being appointed to the position can apply on the governor's website, Davis said. The person must meet age, residency and other qualifications that will be forwarded to the Department of Boards and Commissioners in the governor's office.
The department, he said, will receive the applications and will accept recommendations for possible appointees.
Department officials will review the applications and forward qualified ones to the governor, who will make the appointment, Davis said.
"It's a pretty simple process," he said.
NW News on 06/20/2015