Jefferson County Sheriff Lafayette Woods Jr. has asked a circuit court judge to dismiss a lawsuit that claims he is ineligible to serve or run for sheriff, while the plaintiff has filed a response opposing the motion ahead of a scheduled hearing.
The lawsuit was filed by Jefferson County resident Mark Cannon, who is representing himself. Cannon is seeking a declaration that Woods is ineligible to hold the office of sheriff and a writ of mandamus directing election officials to remove Woods from the ballot or refrain from counting or certifying votes cast for him.
In his motion to dismiss, Woods argues Cannon’s claims fail to meet the legal standard required to proceed. The filing states the lawsuit relies on speculative and conclusory allegations and does not include documentation to support its central claim.
Cannon alleges Woods is ineligible for office based on what he describes as a prior misdemeanor theft conviction, which he contends qualifies as an “infamous crime” under the Arkansas Constitution. Woods’ motion counters that the petition, even after being amended, does not include any record or verified source to substantiate that allegation.
The motion also argues the court lacks jurisdiction over Woods in both his individual and official capacities due to improper service of process. According to the filing, no summons was properly issued or served, and attempts at service did not comply with Arkansas procedural rules.
Woods’ attorneys also argue Cannon failed to include necessary parties in the lawsuit, including appropriate county and state political committees, which they say are required in pre-election eligibility challenges. The motion further contends Cannon’s request for injunctive relief is improper and asks the court to dismiss the case with prejudice, along with costs and attorney’s fees.
Cannon has filed a response asking the court to deny the motion and allow the case to proceed. In his filing, Cannon argues the case presents a straightforward question of whether Woods was convicted of a crime that disqualifies him from holding public office. He states that at the motion-to-dismiss stage, the court must accept his allegations as true.
Cannon’s response says he has alleged specific facts, including that Woods pleaded guilty to misdemeanor theft, which he argues is considered an infamous crime under Arkansas law and would make him constitutionally ineligible for office if proven true.
He also contends his claims were properly pleaded “upon information and belief,” which he argues is allowed under Arkansas rules when facts are not within the personal knowledge of the person filing the case or involve sealed records.
Regarding service of process, Cannon argues Woods was personally served Jan. 14 at the Jefferson County Sheriff’s Office, which he says complies with Arkansas civil procedure rules and corrects any earlier service issues.
Cannon’s response asks the court to deny the motion to dismiss and allow the case to be decided on its merits.
The matter is scheduled to be heard by Circuit Judge Randall Wright on Feb. 17 at 10 a.m. in the Second Division courtroom.
