Supreme Court asks Gov Sarah Huckabee Sanders to appoint a Special Associate Justice for Arkansas LEARNS Act review

LITTLE ROCK, Ark. – The Arkansas Supreme Court has asked Gov. Sarah Huckabee Sanders to appoint a special associate justice for its review of the appeal of the Arkansas LEARNS Act decision.

The Monday request comes after the recently appointed Justice Cody Hiland recused himself from hearing the appeal of a LEARNS decision made in June in circuit court.

Hiland had been appointed to the bench July 3 after the death of Justice Robyn Wynne. Prior to his appointment, he had been the chair of the state’s Republican party.

Hiland had also done some work for Sanders’ campaign. Promoting the LEARNS Act was a major component of then-candidate Sanders’ campaign.

The court asked Sanders to appoint a special associate justice in accordance with the state constitution, and she now has 30 days to do so. If the governor does not appoint a special justice the appointment duty will fall to the lieutenant governor.

The chief justice is able to extend the 30-day deadline.

On June 10 Pulaski County Judge Herbert Wright ruled that the LEARNS Act was implemented improperly due to the method the legislature used to invoke the emergency clause, which would put the act into immediate effect. Due to his ruling, the act will not go into effect until Aug. 1.

Attorney General Tim Griffin had asked the supreme court for an expedited hearing on July 10 and the court agreed with the request on July 14.

Griffin stated in his request for an expedited appeal hearing that since the emergency clause was implemented on multiple acts during this and prior legislative sessions by the same manner, it could lead to the state facing a variety of legal issues.

Wright had originally issued a temporary LEARNS restraining order, which was overturned by the supreme court in a split decision. 



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