5 special justices named to hear appeal from owner of Little Rock TV station in defamation case

FILE PHOTO: State Supreme Court Justice Courtney Goodson listens during a May 18, 2018 hearing in Pulaski County Circuit Judge Chris Piazza’s courtroom.
FILE PHOTO: State Supreme Court Justice Courtney Goodson listens during a May 18, 2018 hearing in Pulaski County Circuit Judge Chris Piazza’s courtroom.

Gov. Asa Hutchinson on Thursday appointed five special justices to fill in for members of the Arkansas Supreme Court who recused from considering a broadcast company's appeal of a defamation case involving campaign ads about Justice Courtney Goodson.

Two members of the high court, Justices Josephine "Jo" Hart and Karen Baker, have decided not to recuse from the case.

The following judges were appointed by Hutchinson to serve as justices on the case:

• Faulkner County Circuit Judge Chris Carnahan replaces Chief Justice Dan Kemp.

• Sebastian County Circuit Judge James Cox replaces Justice Rhonda Wood.

• Union County Circuit Judge Spencer Singleton replaces Justice Shawn Womack.

• Randolph County Circuit Judge Timothy Watson replaces Goodson.

• Garland County Circuit Judge John Homer Wright replaces Justice Robin Wynne.

Goodson filed suit against several Arkansas TV stations, broadcasters and cable companies earlier this year after they each aired harshly negative attack ads against her in the weeks leading up to May's nonpartisan judicial general election.

Goodson said the ads, which were bought by an out-of-state organization, were defamatory. She asked in her lawsuit that they be removed from the air.

A trio of trial court judges made initial rulings in May.

In Pulaski County, Circuit Judge Chris Piazza ruled that Goodson was likely to win on the merits of the case, and he ordered the ads taken off the air in central Arkansas. Tegna Inc., which owns Little Rock's KTHV-TV station, appealed Piazza's ruling to the Supreme Court, arguing it was an unconstitutional infringement on free speech.

In a related case in Washington County, Circuit Judge Doug Martin initially ordered the ads off the air in the Fayetteville market, only to later recuse after it was reported that his wife received income from the law firm of Goodson's husband. The case was reassigned to Pulaski County, where Circuit Judge Mackie Pierce reversed the ruling and allowed the ads to air.

Reached by phone Thursday evening, Tegna's lawyer, John Tull, said he was not familiar with any of the special justices appointed by Hutchinson.

Asked if he was comfortable with two Supreme Court justices choosing to continue hearing the case involving their colleague, Tull declined to comment.

Goodson's attorney, Lauren Hoover, could not be reached for comment Thursday evening.

Goodson is in a runoff Nov. 6 with David Sterling, chief counsel with the state Department of Human Services. The race is nonpartisan.

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Metro on 10/19/2018

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