Supreme Court of Arkansas

Valerie Bailey, Appellant v. Mark Martin

May 14, 20142014 Ark. LEXIS 292

Summary

The court dismissed Bailey's expedited election appeal as moot because she delayed seeking appellate relief until ballots had been printed, mailed to absentee voters, and used for early voting, leaving no practical remedy to restore her name to the ballot. The court declined to decide whether Bailey's administrative suspensions made her ineligible under the constitutional qualifications for circuit judge because doing so would produce an advisory opinion. Special Justice Woody Bassett, concurring, agreed that dismissal was required but explained that the companion decisions suggested Bailey was eligible and that alternative election remedies posed serious legal and practical risks.