Arkansas Supreme Court: Greenwood mayor ineligible for reelection

Greenwood Mayor Kenneth Edwards will not be eligible for reelection according to an Arkansas Supreme Court ruling issued Tuesday afternoon (Oct. 26).

The ruling from Associate Justice Robert Brown affirms a Sept. 29 ruling by Sebastian County Circuit Judge J. Michael Fitzhugh. The original ruling was in a civil case filed by former Greenwood Mayor Garry Campbell that challenged Edwards eligibility after Edwards was found guilty of theft of property related to stealing political yard signs from private property. In the Feb. 18, 2009 sentencing by Judge Wayland Parker, Edwards also was chastised for initially lying about the incident.

In his ruling, Fitzhugh leaned heavily on Article 5, Section 9 of the Arkansas Constitution that says “No person hereafter convicted of embezzlement of public money, bribery, forgery or other infamous crime, shall be eligible to the General Assembly or capable of holding any office of trust or profit in this State.”

Fitzhugh said court precedent shows that dishonesty is an “infamous crime” and Edwards’ theft of property involves “an element of dishonesty.”

In his ruling, Brown noted: “Edwards is a public official who perpetrated a theft while in office and who now seeks to be reelected to the same position of trust. By his actions, he has impugned the integrity of that office. We hold that misdemeanor theft is a crime of dishonesty and, as such, fits readily within the classification of an ‘infamous crime.’ For these reasons, we affirm the circuit court’s order declaring Edwards to be ineligible to stand for election for the position of Mayor of Greenwood and its order that the votes cast for Edwards on November 2, 2010, not be counted.”

Del Gabbard Jr. and Bill McAlister are now the two legal candidates seeking the Greenwood mayoral post.

Coby Logan, Edwards’ attorney, said he and his client were disappointed in the outcome, but were grateful to the Arkansas Supreme Court for its prompt handling of the election matter.

“We’re appreciative of the guidance,” Logan said in explaining that the ruling likely sets a precedent for similar actions.

Brian Meadors, attorney for Garry Campbell, said the ruling merely affirms that criminals should not be allowed to run for public office.

“It’s a consistent, logical, good ruling that follows the Arkansas Constitution,” Meadors said of Brown’s 10-page affirmation. “Convicted theives should not be able to hold public office. Period. Just because a person thinks they really have a good explanation for their crime, it doesn’t matter.”