Chief Justice Karen Baker strikes down two orders opposed to her Arkansas Supreme Court, judiciary hiring and firing decisions

VIDEO: Chief Justice Karen Baker speaks on controversial firings on first week in office

LITTLE ROCK, Ark. – Arkansas Supreme Court Chief Justice Karen Baker struck down two orders by associate court justices opposing actions she had taken shortly after entering office Jan. 1.

Baker’s order was regarding opposition her decision to terminate the employment of the Administrative Office of the Courts (AOC) head in one order and who would be appointed to the Judicial Discipline and Disability Commission (JDDC) in the second.

By the text of the order, Baker maintains that these decisions are hers to make as a chief justice.

“The associate justices, separately or altogether, cannot overrule the Chief Justice in administering the functions of the court,” Baker’s order reads. “Stated differently, the associate justices cannot overtake the constitutional duties of the Chief Justice, an elected position, simply because there are more of them.

She also hints at gamesmanship in the now-rejected orders.

“Notwithstanding the will of the people in selecting me to serve in this position, two of my opponents in the Chief Justice race that remain on the court are now attempting to take what the people would not give them by force,” the chief justice writes.

She then cites a statement from a 1966 case: “Regnat Populus—The People Rule—is the motto of Arkansas. It should ever remain inviolate.”

She cited an order by former Chief Justice Dan Kemp when a previous court attempted to overrule his ability to hire and fire as “an effort to impair the constitutional authority of the Chief Justice.”

Because of this, Baker states the associate justices’ opinion that kept AOC director Marty Sullivan employed through Dec. 31, 2032 was invalid. Further, she continues, because Sullivan signed an agreement with justices Rhonda Wood, Shawn Womack, Barbara Webb and Cody Hiland, along with former Chief Justice Kemp, who had hired Sullivan during his term, he had resigned since he was signing a contract with a financial interest.

The order states Sullivan had agreed to an approximately $1.6 million pay package, with a base salary of $199,650.

Three judges were appointed to the JDDC by the associate justices. Baker states she had no problem with two of them: Circuit judges Earnest Brown and Thomas Smith. The third, Circuit Judge Troy Braswell, Baker disagrees with because “I have a standing objection to the appointment of Judge Braswell to the JDDC as I understand that he harbors actual bias toward me,” she writes.

The problem is that the associate justices held an unauthorized meeting to appoint the three to the JDDC on Jan. 6, Baker writes, rather than at the first scheduled business meeting on Jan. 23.

Baker concludes: “The State of Arkansas would greatly benefit from an efficient judiciary. To accomplish this, the associate justices must divert their fixation from the constitutional duties and responsibilities of the Chief Justice, and instead, dedicate their full attention to the duties in which they were elected or appointed to carry out.”

Baker's full order can be read at Opinions.ARCourts.gov.

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