Chief justice of Arkansas Supreme Court clashes with colleagues over appointments

By 
 January 9, 2025

Arkansas Supreme Court Chief Justice Karen Baker made headlines in November when she became the first woman to lead her state's highest judicial body.

Yet despite holding her position for just over a week, Baker has already begun to clash with her colleagues. An example of that came on Wednesday when she overrode orders issued by her other justices.

Disagreement center on judicial appointments

According to the Arkansas Advocate, the dispute stems from Baker's decision to appoint three judges to the Judicial Discipline and Disability Commission.

However, a majority of the state Supreme Court's members responded with an order on Monday which declared those appointments to be invalid.

It instead put forward three alternative names, with those being Circuit Judge Thomas Smith, Circuit Judge Earnest Brown, and Circuit Judge Troy Braswell.

The other justices also argued that Baker lacked the authority to make unilateral appointments and should have consulted with them before acting.

Baker point to Arkansas Constitution

Yet when writing her response, Baker cited Amendment 80 of the Arkansas Constitution, which states,

The Supreme Court shall exercise general superintending control over all courts of the state and may temporarily assign judges, with their consent, to courts or divisions other than that for which they were elected or appointed. These functions shall be administered by the Chief Justice.

While Baker indicated that she had no objections to the appointment of Smith and the reappointment of Brown, she took issue with Braswell.

Specifically, the chief justice asserted that Braswell "harbors actual bias" towards her. What's more, she pointed to "longstanding custom and practice" under which her objection to Braswell disqualifies him from being appointed.

Chief justice also fighting over who can fire officials

"This is yet another instance wherein the majority has attempted to improperly wield the constitutional authority of the Chief Justice over administrative matters," the chief justice complained.

Further, Baker highlighted a state statute that provides that the chief justice is "directly responsible for the efficient operation of the judicial branch and of its constituent courts and for the expeditious dispatch of litigation therein and the proper conduct of the business of the courts."

"It is important to note that the court’s administrative authority has always been held, and was always meant to be held, by only one person," Baker insisted.

This is not the only matter on which the Arkansas Supreme Court is divided, as the Associated Press reported that Baker and her colleagues have clashed over whether she can fire officials in the Administrative Office of the Courts.

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson