Arkansas Democrats and Voters Move for Recusal of Special Justice chosen by Gov. Sanders to Hear Her Own Appeal

LITTLE ROCK - Yesterday, the Democratic Party of Arkansas and four Pulaski County voters asked the Arkansas Supreme Court Special Justice that Gov. Sarah Sanders appointed to hear her own appeal in the House District 70 special election lawsuit to recuse.

Sanders, a named defendant in the case, made the appointment one business day after the Chief Justice notified her that a Special Justice was needed, using a fraction of the 30 days the Arkansas Constitution gives her before the appointment would have passed to the Lieutenant Governor.

Arkansas Democrats Chair Colonel Marcus Jones said:

"Gov. Sanders just picked the Supreme Court Special Justice who will decide a case she is a defendant in. Gov. Sanders should not appoint a judge to hear a case in which she is a party.

Arkansans are tired of a system that appears rigged for those in power. Every Arkansan knows that picking your own judge is fundamentally unfair.

Unlike Gov. Sanders, the Democratic Party and four Pulaski County voters are standing up for Arkansans to ensure fairness in the courts and fair representation in the legislature."

The motion notes that "the Governor appointed the Special Justice in this case to the Board of Trustees of Arkansas Tech University in 2024."

Appellees argue this is "a direct installation of a Justice to hear her appeal."

Citing the 2009 U.S. Supreme Court decision in Caperton v. Massey, the motion quotes: "Just as no man is allowed to be a judge in his own cause, similar fears of bias can arise when - without the consent of the other parties - a man chooses the judge in his own cause."