Chief Justice Karen Baker tells House Judiciary court work delayed by recusal, disputes over hiring authority

Chief Justice Karen Baker told the House Judiciary Committee that the Arkansas Supreme Court has been unable to issue criminal decisions since early December because a newly seated justice recused from all criminal cases, and that a separate dispute over the chief justice's historical authority to hire the executive director of the Administrative Office of the Courts may require litigation to resolve.

Baker, who introduced herself to the committee and described her career path from private practice to juvenile court, the Twentieth District chancery bench, a decade on the Court of Appeals, and 15 years on the state Supreme Court, said she was honored to be the first woman elected chief justice. "I am from Clinton, and I came from Clinton and I still live there," she said, adding that she was "honored to be elected by the people to the Chief Justice spot and to be the first woman ever elected to the Chief Justice spot."

The chief justice said new Justice Bronnie's recusals have removed the court's criminal docket from calendar and prevented resolution of post-conviction matters. "Partly or mainly because our new justice Bronnie has had to recuse on all our criminal cases. So we had to pull those cases," Baker told the committee. She said she is coordinating with the Court of Appeals to move civil dockets while the court addresses the criminal backlog.

Baker also said she is contesting an interpretation that would limit the chief justice's authority to hire the Administrative Office of the Courts' executive director. "There's a difference of opinion about whether I have the same authority that chief justices have always had," she said. "If we can't work that out, we'll probably be litigating that issue because I am unwilling to accept that I don't have the same power as every other chief justice to direct to hire the executive director of the administrative office of the courts." She said she has been reviewing budget increases for the administrative office and that statutes and the state constitution assign her a duty "to see to the administration of justice."

Representative Shepherd followed with a question about how the court intends to get back on schedule; Baker reiterated efforts to pull cases from the Court of Appeals and to get civil matters working while the recusals remain in effect. The committee recessed to allow members to meet Baker personally after her remarks.

The committee did not take formal action on the chief justice's statements; members thanked Baker for appearing and recessed for a brief meeting break.