LITTLE ROCK, Ark. - A lawsuit filed by Prosecuting Attorney Stephanie Potter Barrett concerning an upcoming race for Arkansas Court of Appeals was settled Thursday by the state's highest court.
Barrett alleged that her opponent for District 4, Position 2, should be declared ineligible for multiple alleged violations of state election law. Barrett complained that Emily White Lengefeld cannot legally use the title "Judge" on ballots, that she doesn't live in the district where she is running and that she used her maiden name -White -rather than her legal married surname of Lengefeld.
The Arkansas Supreme Court issued an opinion Thursday affirming the December ruling of Pulaski County Circuit Judge Tim Fox. Fox agreed with Barrett that Lengefeld, who was appointed to serve as district judge in Hot Spring and Grant Counties in 2018 cannot use the title in the Court of Appeals race. Fox ruled against Barrett on the residency and surname issues.
"I am grateful that the Arkansas Supreme Court affirmed Judge Fox's ruling that my opponent was not allowed to use the title judge," Barrett said. "Fairness is of upmost importance when electing a judge, and my opponent's actions were a dishonest attempt to gain unfair advantage. I believe that Arkansans have the constitutional right to be represented by a person that lives within their district, not simply someone who owns property there. The Supreme Court has ruled that a residence is all that is required and now it is up to the voters to voice their opinion."
Lengefeld could not be immediately reached for comment Thursday.
Barrett asked the Arkansas Supreme Court to weigh in on the residency and surname issues. Lengefeld asked the higher court to consider her counterclaim challenging the constitutionality of election statutes relevant to the case.
Like Fox, the higher court ruled that Lengefeld can use her maiden name on the ballot. The supreme court also agreed that Lengefeld, who admitted that she bought a second home in Hot Spring County just so she could run in District 4, had sufficiently established herself in the district by registering to vote and assessing her personal property in that county.
Barrett, a lifelong resident of Miller County, pointed out that Lengefeld and her husband own a house in Grant County and their children attend school there.
Lengefeld argued in her cross appeal that Barrett's petition didn't comply with Arkansas law. The higher court ruled that Lengefeld cited law governing post-election challenges which don't apply in a pre-election challenge and found that, "Barrett's petition was compliant with Arkansas law."
Lengefeld also argued that the law prohibiting a district judge appointee from using the title "Judge" while running for Court of Appeals or Supreme Court is in conflict with the state's constitution. The higher court noted that Lengefeld did not follow Arkansas law which requires that the state's attorney general be notified when alleging a statute is unconstitutional. The higher court also rejected Lengefeld's contention that the circuit court over which Fox presides did not have jurisdiction to hear the case.
Lengefeld argued that Barrett's complaint should have been filed with the State Board of Election Commissioners, not in circuit court. The Arkansas Supreme Court opinion cites case law and Arkansas statutes which state that only a court, not the election commission, can make a determination regarding the eligibility of a candidate.
"The circuit court clearly had jurisdiction to hear Barrett's petition," the opinion states.
The contest between Barrett and Lengefeld, who will appear on the ballot as Emily White, will be decided by voters March 3.