Court asked if person can serve on Arkansas Parole Board, JP

CONWAY -- Faulkner County's attorney asked a circuit court late Monday to rule on whether former Sheriff Andy Shock can serve on the Quorum Court while still holding a position on the state Parole Board.

Gov. Asa Hutchinson first appointed Shock to the Parole Board in 2015 to fill a former member's unexpired seven-year term. The governor recently reappointed Shock to a seven-year term, ending in January 2025.

Last week, Shock filed to seek the Republican nomination for the District 10 position on the county's Quorum Court. Shock is challenging the incumbent, Republican Johnny Brady. No Democrats are running for the position.

County Attorney David Hogue filed the petition after the county's Election Commission voted 2-1 on Friday to seek a court ruling rather than decide the issue itself. The commission met after receiving a written complaint from Brady's daughter, Shelly Carpenter.

In the petition, Hogue requested "an expedited hearing" because of state regulations on timing involving such election matters.

Quoting from Article 7 of the Arkansas Constitution, Hogue wrote, "'A person elected or appointed to any of the following county offices shall not, during the term for which he or she has been elected, be appointed or elected to any civil office in this state.'" The article lists justice of the peace among such offices, and Hogue said no one disputes that a seat on the Parole Board is a civil office.

[DOCUMENT: Read the full petition]

The agreement ends there.

"I wouldn't have ever even filed if I weren't 100 percent sure it was legal to do that," Shock said Monday.

Shock, of Saltillo, took a position that echoed one Hogue expressed to the Log Cabin Democrat in Conway, last week.

The legal prohibition is "a one-way deal" and is "not reciprocal" under the law, Shock said Monday. In other words, he said, he could not legally serve on the Quorum Court and then accept a Parole Board position at the same time. But when the situation is reversed with Shock already on the Parole Board, he can run for the Quorum Court, he believes.

Hogue did not take a position in the petition.

Brady said Monday that he is represented by attorney Christopher Burks, who contends a person is prohibited from sitting on the Parole Board and the Quorum Court at the same time.

Brady contended that holding both positions is "double-dipping" and said, "If I didn't think I was right [on this matter], I would not have done it."

State Desk on 03/06/2018

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