Attorney General Dustin McDaniel wants the Arkansas Supreme Court to sort out this judicial candidate eligibility business, too. In an answer to Circuit Judge H.G. Foster’s petition to the Court, McDaniel agrees that, among other reasons, “matters of substantial public interest” are within the Court’s jurisdiction. 

He also argues that administrative fees shouldn’t affect a judge’s eligibility to hold office. 


Said spokesman Aaron Sadler:

As evidenced by the printout attached to our response, the official record of the Supreme Court recognizes that Judge Foster’s license has never been suspended, nor has he suffered any reprimands, cautions or disciplinary actions. This is because it has been the practice of the Court to retroactively nullify administrative suspensions once fees and penalties have been paid.

This would appear to reflect recognition by the Court that minor administrative errors were never intended to have draconian professional consequences. This action gives the Court the opportunity to formalize and ratify its practice in these situations and to clarify the application of its rules.

Furthermore, our response notes that if the Court fails to ratify its past practice of retroactive suspension nullification, a due process challenge is likely.