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

Summary

The court held that Justice Rhonda K. Wood, whose elected term began on January 1, 2015, was the qualified justice entitled to participate in the pending appeal, while Special Justice Robert W. McCorkindale's authority expired when the term of the recused justice he replaced ended. The court relied on the plain and mandatory language of the Arkansas Constitution and governing statute, concluding that a special justice's appointment is temporary and ends when the underlying disqualification ceases. The court also overruled Neal to the extent it suggested that a newly elected judge's qualification must be presumed absent or that a special assignment continues despite the availability of a qualified elected judge. Special Justice Brett D. Watson concurred in the judgment but would have limited the decision and declined to overrule Neal.