By Steve Brawner. © 2024 by Steve Brawner Communications, Inc.

The race for Arkansas Supreme Court Associate Justice Position 2 pits a current justice seeking to make a lateral move against a Texarkana circuit judge seeking to move up.

Supreme Court Justice Courtney Hudson faces Judge Carlton Jones in the March 5 primary. The statewide, nonpartisan race will be on every voter’s ballot whether they vote in the Republican, Democratic or nonpartisan primary.

The winner will occupy the seat previously held by the late Justice Robin Wynne and now held by Justice Cody Hiland. Gov. Sarah Huckabee Sanders appointed Hiland to take Wynne’s place upon his death.

Hudson is attempting a lateral move from her current Position 3 spot. She has said she is doing this so she can serve longer. Arkansas law penalizes judicial candidates elected after age 70 by taking away their retirement benefits. Position 2 would allow her to serve a few more years past 70 than Position 3 because of when the eight-year terms begin and end. She’s only in her early 50s, so she’s really thinking ahead. 

If Hudson loses, she will remain on the court in Position 3. If she wins, Sanders will appoint her replacement at Position 3 for the next two years. There’s a good chance Sanders will appoint another position based on what happens in the chief justice race. Three current justices – Barbara Webb, Rhonda Wood and Karen Baker – are running for that seat along with attorney Jay Martin. If one of the three justices wins, then she’ll move over to the chief justice seat, and Sanders will appoint her replacement.

That means that over the next two years, two of the seven Supreme Court justices could be Sanders appointees. That’s something for voters to consider, especially those who have strong opinions about Sanders either way.

It is not the only thing to think about, of course. More important are the candidates themselves. Hudson was first elected to the Arkansas Supreme Court in 2010 at age 38. She is now part of a court where four of the seven members are women. Before that, she served two years on the Arkansas Court of Appeals, which is one step below. Prior to that she was a law clerk. She is the court’s supervising justice of the Office of Professional Conduct, where attorneys face disciplinary complaints.

Her opponent, Judge Carlton Jones of Texarkana, was elected as a circuit judge in 2014. Circuit judges handle criminal, civil, probate, domestic relations, and juvenile cases. Prior to that, he served four years as the prosecuting attorney for Lafayette and Miller counties. Before that, he was a deputy prosecuting attorney for 20 years.

Jones is vying to become the first African-American elected to the Arkansas Supreme Court and indeed the first elected to any statewide office in Arkansas. Governors have appointed African-Americans to the court. Justice George Howard became the first in 1977. But none have been elected.

It is difficult for voters to know how to vote in judicial elections, and it is also challenging for journalists to write about them. The races are nonpartisan, and candidates are not supposed to take a stance on particular issues because it might prejudice them in a future case.

To get some idea of the candidates’ philosophies and perspectives, I asked both to name the U.S. Supreme Court justice with whom they most closely align. The Family Council has used that helpful tool in the past for its well-circulated voter guides.

Here’s what Hudson wrote in an email: “I have served as a Justice on the AR Supreme Court for thirteen years and two years on the AR Court of Appeals. During that time, I have decided thousands of cases, which can be found at arcourts.gov. My body of work is reflective of several of the current and past justices on the United States Supreme Court. However, I have always had the greatest admiration for the first woman on the high court, former Justice Sandra Day O’Connor, appointed by then-President Ronald Reagan.”

Jones wrote, “It is difficult to select a particular U.S. Supreme Court Justice with whom I believe I identify. The laws of our country, and of our state, should always be interpreted in conformity with the Constitution of the United States and the State of Arkansas. The justices that have ruled in this way will always have my respect – whether I agree, or disagree, with the decision.”

That help? Early voting has started and will continue until March 5.