Supreme Court of Arkansas

Phillip Floyd, Appellant v. State of Arkansas, Appellee — Brill, J., Concurring

June 23, 20162016 Ark. LEXIS 227

Summary

Chief Justice Brill concurred in affirming the circuit court's disqualification of Attorney Crow because Crow had previously acted as the judge who issued the arrest warrant and presided over the defendant's arraignment. The concurrence emphasized Arkansas's continuing recognition that attorneys must avoid not only actual impropriety but also its appearance, as reflected in professional-conduct rules and related decisions. Justice Hart, dissenting, would have reversed and remanded because the record showed no actual conflict or serious potential conflict, while Justice Baker, dissenting, likewise concluded that Crow's participation was not substantial enough to warrant disqualification.