LITTLE ROCK — A district judge in Calhoun County will keep his seat even though he lives in another county, after a judge Wednesday dismissed a lawsuit on the matter.
Hampton District Judge Ronnie A. Phillips prevailed in the May 20 election, the day after challenger Dwain Oliver filed a lawsuit claiming Phillips' name should have been stricken from the ballot or votes for him set aside because he lives in Dallas County.
A circuit judge Wednesday tossed out the lawsuit on the grounds that it's too late for the court to take action because votes were cast and counted, attorneys involved in the case said.
The ruling by Circuit Judge David Guthrie of the 13th Judicial District has not yet been filed. Whenit is filed, Oliver will have 30 days to seek an appeal.
Camden attorney T.J. Huffman, who represents Oliver, said he doesn't know if he will appeal.
Oliver, a Calhoun County attorney, lost to Phillips 151-126.
Phillips also is the district judge in Rison in Cleveland County.
Attorneys for both sides said he has been legally permitted to hold the posts because no qualified attorney who lives in either of those counties has sought the judgeships.
But when Oliver filed for election, it rendered Phillips unqualified to serve another term in Hampton, Huffman said.
Guthrie did not hear the merits of the case Wednesday, including details about Phillips' residency. But no one disputes he lives in Fordyce.
Arkansas, Pages 19 on 05/30/2008