By Steve Brawner
© 2020 by Steve Brawner Communications, Inc.

Feb. 11, 2020

The Arkansas Supreme Court justice race is the only one that will be on every voter’s ballot March 3. The candidates can’t tell voters how they would rule on specific issues because they’re supposed to judge each case on the merits. But they can send signals, if the right question is asked.

Judge Morgan “Chip” Welch and Workers’ Compensation Commission Chief Law Judge Barbara Webb spoke at the Arkansas Bar Association’s midyear meeting Feb. 6. They are competing for the seat held by the retiring Justice Josephine Hart.

When they talked to reporters afterwards, they were asked to name the U.S. Supreme Court justice with whom they most align. The question originally had been asked by the Family Council for its Voters Guide.

The Family Council had asked only about current justices. Welch named Chief Justice John Roberts, a President George W. Bush nominee who has emerged as the Court’s moderate and swing vote. Welch noted that Roberts, last seen presiding over President Trump’s Senate impeachment trial, has described himself as an umpire whose job is simply to call balls and strikes.

Of the current justices, Webb named Justice Neil Gorsuch, President Trump’s first appointment who is part of the Court’s conservative wing. She said she agrees with his views on due process and the fact that a justice should not bring a political or social agenda to the Court. She said she would have picked the late Justice Antonin Scalia if the Family Council had included him.

Webb, who is married to the state Republican Party’s chairman, Doyle Webb, said she’s “the conservative candidate.” She said she is a strict constructionist, meaning she favors interpreting the Constitution literally, and a textualist, which means the same when it comes to statutes.

“Here’s my basic philosophy is that I believe in the Constitution, and I believe in the rule of law, and I believe that the role of the Court is not to legislate but to interpret the law,” she said.

Welch offered a similar description of himself, saying, “I would consider myself to be a constitutionalist, a strict constructionist. I’m going to follow the Arkansas Constitution. I’m going to follow the Constitution of the United States and the Bill of Rights.” He said he tells groups, “They’re all going to get a fair trial, and I’m in nobody’s pocket and I haven’t made any commitments to anybody.”

He told the Bar Association that he wants to help the Supreme Court “be more collegial.” He told reporters he had noticed while observing a U.S. Supreme Court case the friendly back-and-forth between the conservative Justice Clarence Thomas and liberal Justice Stephen Breyer.

One thing the candidates can discuss freely is their biographies. Welch is the 16th Division Circuit Judge for the 6th Judicial Circuit serving Pulaski and Perry Counties. He told attendees he had heard more than 8,000 matters in the past seven years and had tried 150 jury trials as an attorney in private practice. He is a former president of the Arkansas Trial Lawyers’ Association, which awarded him its Lifetime Achievement Award.

In addition to her work with the Workers’ Compensation Commission, Webb also has been a circuit judge for Saline County and a prosecuting attorney for Saline, Hot Spring and Grant Counties. She came into that office after her corrupt predecessor had resigned as part of a plea deal. He later went to prison on federal drug charges. She said her office shut down more than 500 meth labs her first year in office. She’s also been a private practice attorney.

Two factors could influence the results. Welch’s name will have “Judge” in front of it on the ballot. Voters who don’t have much information about a Supreme Court race tend to place much weight on that word. Also, is it an advantage these days that he’s a male? I don’t know, but four of the current Court’s seven members are female. Webb’s election would maintain that majority.

The nonpartisan election will occur alongside party primaries March 3. Remember, it’s the only race that will be on every voter’s ballot.

Steve Brawner is a syndicated columnist in Arkansas. Email him at brawnersteve@mac.com. Follow him on Twitter at @stevebrawner.