Supreme Court of Arkansas

Nathaniel Smith, M.d., Appellants v. M. Kendall Wright and Julia E. Wright

May 7, 20152015 Ark. LEXIS 443

Summary

The court held that Justice Rhonda K. Wood, whose elected term began on January 1, 2015, was the proper justice to participate in the pending appeal, and that Special Justice Robert W. McCorkindale's authority ended when the term of the recused justice he replaced expired. It relied on the plain language of the Arkansas Constitution and governing statute, which require elected justices to serve eight-year terms and authorize special justices only while the disqualification or temporary inability exists. The court also overruled contrary reasoning in a prior decision concerning judicial assignments. Special Justice Brett D. Watson, concurring, agreed with the result but would have avoided overruling that prior decision.