In Re Arkansas Judicial Discipline & Disability Commission Appointments

Summary

The Supreme Court of Arkansas appointed Judge Earnest Brown and Judge Andrew Bailey to fill vacancies on the Arkansas Judicial Discipline and Disability Commission created by the retirements of two commission members. Justice Womack concurred in the appointments but argued that the Commission is unconstitutional because Amendment 80 vested judicial power exclusively in the courts and thereby repealed Amendment 66 to the extent of any irreconcilable conflict. He would have dissolved the Commission and directed creation of a constitutionally valid replacement process.