Winning candidate declines seat on Washington County Quorum Court

The Washington County Courthouse, Tuesday, February 14, 2017 in downtown Fayetteville.
The Washington County Courthouse, Tuesday, February 14, 2017 in downtown Fayetteville.

FAYETTEVILLE -- Kenny Arredondo Loyola, who was elected to the Washington County Quorum Court, has decided not to serve, leaving the incumbent in office.

He was elected in November in District 4, which includes much of Springdale east of Thompson Street between Robinson and Emma avenues.

Judith Yanez was elected to the position in 2018 and didn't seek reelection. Yanez said she intends to serve the full two-year term.

"It's not about me," she said. "I just want to be sure all the voices of our community in District 4 continue to be heard."

Loyola said before the election he wasn't campaigning and declined to answer questions or provide information about himself beyond what was available in the papers he filed with the Washington County County Clerk's Office.

Loyola, a Democrat, defeated Republican Bill Ussery, a former justice of the peace, by 1,030 votes to 898.

Loyola said Thursday he had been trying to decide what to do since he won the election and only made the decision to decline to serve while he was at the county courthouse on Jan. 4 where justices of the peace were being sworn in for the coming term.

He posted a statement on his Facebook page: "My heart is with our community, always. My fear is also deep within my community, still. I know my community must prioritize our health -- physical, mental and emotional, our personal safety, and that of our families and we must prioritize integrity."

County Attorney Brian Lester said his research and conversations with officials from the Arkansas Municipal League indicate if a candidate doesn't take the oath after winning an election, the incumbent remains in office.

"For county officials, a special election has to be held with the general election, which is every two years," Lester said. "Since JPs only serve two years, you can't hold a special election for that office. With that being the case, the incumbent remains in office."

Yanez said she supported Loyola's decision to run for office and offered her support when he questioned his decision and ultimately decided not to take the oath of office.

"We have made a lot of progress in Northwest Arkansas in increasing diversity in government. With there being no way of knowing who might be appointed if there was a vacancy, I didn't want to see the community take a step back on that," Yanez said.

George Butler, who served as Washington County attorney on a part-time and full-time basis from 1983 through 2014, said he dealt with a number of instances where justices of the peace left office and were replaced, but never where a winning candidate declined to take office.

"It's not uncommon for JPs to leave during their terms," Butler said. "People move out of the district, they have health issues or other issues. People have died during their terms. In those instances, the Quorum Court declares a vacancy, and the governor makes an appointment."

Butler said there is some case law in Arkansas, citing the state Supreme Court case Justice v. Campbell from 1967, and his reading of state law supports Yanez remaining in office.

"After I read the constitution, the statutes and the cases, that is my interpretation of the law," Butler said. "It is not a vacancy, and she remains in office."

George Spence, Benton County attorney, said a number of justices of the peace in Benton County have left office during their terms, which created vacancies that were filled by appointment by the governor.

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Quorum Court vacancies

An opinion issued by the Arkansas Attorney General’s Office in 1989 states incumbents may continue to serve in office if a candidate elected to fill that office becomes “disqualified” to do so.

“This conclusion is consistent with A.C.A. 14-14-1308 which sets out certain instances in which a vacancy may be declared,” the opinion states. “All of the instances in that statute involve circumstances which would disqualify the ‘incumbent.’ If, as was held in (Justice v. Campbell), an officer-elect is not an incumbent, this statute may not be used to declare a vacancy when the officer-elect becomes disqualified.”

Source: Arkansas Attorney General’s Office

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