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

Early voting had already started October 21 when Arkansans finally learned the state Supreme Court had disqualified the medical marijuana amendment from the ballot. 

The decision came a little more than two weeks before Election Day Nov. 5, which surely we all can agree is too late in the process.

This happens a lot. Maybe the next Supreme Court chief justice can do something about it. 

Two current justices, Rhonda Wood and Karen Baker, are vying to be chief justice. The Arkansas Democrat-Gazette gave them both a chance to address the issue in its Sunday edition Oct. 13. 

The article quoted a news release from Wood where she said she planned to create a working group to review the process and potentially change Arkansas Supreme Court rules. Changes could include adding a deadline for legal challenges, allowing ballot title changes to come earlier than they do now, and providing a 14-day briefing calendar and five-day deadline for the court to issue its opinion. That latter change would have produced a decision by Sept. 16 this year. 

Baker told the Democrat-Gazette that the best way to fix the initiative process is to follow the law. She said Wood is part of the problem because she kept Arkansans from voting on a citizen-led initiative this year. She was referring to Wood’s ruling this year that kept off the ballot a proposed constitutional amendment legalizing abortion in Arkansas. Wood and the others in the 4-3 majority said the amendment’s backers violated the law regarding signature collection. Baker wrote a dissenting opinion saying they did not. 

For what it’s worth, Baker and Wood both were in the minority in the medical marijuana case. Both said the votes should have been counted. Justice Cody Hiland agreed and wrote the dissent. He is a Sanders appointee who is filling the vacancy caused by Justice Robin Wynne’s passing.

The winner of the chief justice race will leave a vacancy in her current seat. The governor will appoint the replacement. The loser will remain on the court and work with both.

Between the chief justice race and all these amendments, the state Supreme Court is the most interesting place in Arkansas politics these days. 

Let’s hope two years from now it won’t be quite so interesting, quite so late.

Steve Brawner is a syndicated columnist published in 17 outlets in Arkansas. Email him at brawnersteve@mac.com.