By Ray King
One day prior to a judge deciding whether current Jefferson County Sheriff Lafayette Woods Jr. is eligible to hold office, attorneys for Woods and his challenger Mark Cannon are getting in their final arguments.
In a filing Thursday, attorney Kimberly Dale, who is representing Woods, argues that Woods received 4,882 votes in the Democratic Party primary while Cannon got 2,547. She goes on to say that the Arkansas Supreme Court has said “once” an election takes place, the issue of a candidates’ eligibility becomes moot.
Dale said Cannon failed to promptly bring his claims and had to amend his petition three times and the other parties named in the suit have not filed responses and previously scheduled hearings were not able to be held because of that.
She is telling the judge, dismiss the case.
Attorney Casey Castleberry, who represents Cannon, is basically saying wait a minute.
First off, the election (results) have not been certified and second, this was only a primary and the general election will determine who holds the office of sheriff for the next term. So, the constitutional question, whether Woods is eligible to run for, or hold public office is still unsettled.
Castleberry noted that this case is different from several other recent cases because Cannon’s filing not only seeks to remove Woods from the ballot, it also seeks a declaration that he is constitutionally ineligible to file for, run for, or hold the office of Sheriff of Jefferson County.
He also said that even if the trial judge were to decide that some aspect of Dale’s argument approaches mootness, the public interest exception compels resolution on the merits of the case.
“The constitutional question whether a sealed misdemeanor theft conviction constitutes an infamous crime disqualifying a candidate from holding the office of Sheriff – and whether sealing such a conviction restores constitutional eligibility, is precisely that kind of question. It is of substantial public interest and will always tend to become moot before final resolution if not decided now.”
A hearing on the lawsuit is scheduled Friday in Jefferson County Circuit Court.
