Filing in JP-race case says precedent defied

CONWAY -- Attorneys for a Faulkner County justice of the peace challenging state Parole Board member Andy Shock's right to run for the Quorum Court argued Monday that Shock has ignored legal references suggesting a judge should recuse from the case.

Justice of the Peace Johnny Brady of Vilonia and his daughter, Shelly Carpenter, contend that state law prevents Shock from serving on the Quorum Court and the Parole Board at the same time. Shock, however, says the law does not prevent such service because he was on the Parole Board first.

Brady, 70, a Republican, is seeking re-election to the Quorum Court in District 10. Shock, 44, a Republican from Saltillo, is challenging him. There is no Democratic candidate for the position.

Ruling in Faulkner County Circuit Court last month, Judge Chris Carnahan declined Brady's request that Carnahan recuse from hearing the case. Carnahan ruled that Shock could run for justice of the peace.

In declining to recuse, Carnahan said he had a "passing familiarity" with the people in the case and added, "None of these people have ever been in my home."

Attorneys for Brady and Carpenter said in a court filing Monday that Shock had ignored "numerous citations to legal authority suggesting this Court should recuse from this matter."

"Several cases ... demonstrate that this Court's failure to recuse is contrary to established case law in similar cases," the attorneys added.

Chris Burks, one of the attorneys for Brady and Carpenter, has said his clients will appeal to the Arkansas Supreme Court if Carnahan does not reverse his decision.

The primary election is May 22.

State Desk on 04/03/2018

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