LITTLE ROCK — A prosecutor who has grabbed headlines for bringing cases against public officials is challenging an incumbent circuit judge in Lonoke County who says he has a proven record of ruling fairly in his 12 years on the bench.
Also, a deputy prosecutor and a recently appointed circuit judge are squaring off for a seat being vacated by a longtime judge.
Prosecuting Attorney Lona McCastlain and Circuit Judge Phillip Whiteaker are seeking the District 23, Division 2 seat. Chuck Graham and Circuit Judge Barbara Elmore are vying for the Division 1 seat. Elmore was appointed last year to the Division 3 judgeship and is prohibited by law from seeking re-election to the same seat.
In the 10 years since McCastlain has been prosecutor, the 44-year-old's office has brought cases against a police chief, a judge, a mayor, a school bookkeeper and a teacher.
The "good-old boys" love to hate her, she said, but voters know she always "will do the right thing."
"I will not tolerate injustice," the fast-talking Austin resident said. "I will fight for it [justice] even when it is not comfortable for me, even when it probably is not politically advantageous to me."
If elected, she said she would try to implement technology that would allow court filings to be entered electronically, creating a computer database of court files. Currently, hard-copy case files and docket books are hauled in and out of court.
She is married and has a son.
Whiteaker, 46, of Cabot says he has a leg up on McCastlain in the Division 2 race primarily because he has been on the bench and she hasn't.
"My opponent has no judicial experience," he said.
Whiteaker has for the past year presided over drug court, juvenile court cases and civil cases.
Before that, Whiteaker said he primarily heard divorce cases and conducted child-custody hearings.
"Having the ability to be respectful, to listen to both sides to hear all of the evidence and determine the credibility of what's truthful and what has less reliability - I have that temperament. I have that ability," he said. "That's one of the distinguishing things."
He said the court has already made some progress in modernizing with the implementation of Web-based hearings for jail inmates' first court appearances.
Whiteaker appears on a Web camera while inmates stay in jail, a growing trend across the country that helps cut down on transportation costs and courtroom security issues.
He said he would like to see more electronic initiatives but it's a matter of getting county funding.
He is married and has a son and a daughter. In the Division 1 race, Elmore, 53, of Lonoke says both her years of legal experience and her varied life experiences make her a well-rounded judge.
Before becoming a lawyer, she held a variety of jobs including being a secretary. She went to law school after her son began kindergarten and has since been a deputy prosecuting attorney, a defense attorney and a district court judge in Lonoke.
"I have a combination of life's experiences that helps me," she said.
Last year, Gov. Mike Beebe appointed her to the newly created judge seat.
"I'm very fair to both sides, and I'm willing to listen to both," she said.
She sought elected office in 1998 and 2000, running against McCastlain for prosecutor.
She is married and has a son.
Graham, 51, of Cabot has fewer years of practicing law than the other candidates seeking judgeships in Lonoke County. But he has been in the courtroom more than 30 years in different capacities.
Before going to law school in 1998, he was a special agent in the U.S. Air Force, a role that landed him in the witness seat over the years.
Graham retired from the U.S. Air Force in 1999 as a major after working as a special investigator in the special investigation unit. After law school, he went to work as a part-time public defender handling misdemeanor cases in district court in Little Rock before becoming a deputy prosecutor in Lonoke County.
"My whole life has been about service - serving my country, serving my state, my community, my county ... That's what I built my whole life around," he said.
Graham is married and has a son and a daughter.
Elmore and Graham are seeking the seat being vacated by Judge Lance Hanshaw.
The candidate for Division 3 circuit judge being vacated by Elmore is Cabot attorney Sandy Huckabee, who is unopposed.
The judges will appear on the May 20 ballots.
Circuit judges serve six-year terms. They will draw a salary of $131,206.
Arkansas, Pages 9, 13 on 05/05/2008