Trial set for Holland; legal re-election status likely ‘safe’

A tentative trial date of May 12 has been set for Arkansas Sen. Bruce Holland, R-Greenwood, who faces a misdemeanor charge of fleeing and charges of careless driving and improper passing related to a high-speed chase through Perry and Yell counties.

However, if found guilty of the charges, the conviction may not jeopardize Holland’s legal ability to remain in office or seek re-election.

On Jan. 24, Perry County Sheriff’s Deputy Ray Byrd and the Ola Police Department stopped Holland after what Byrd said was a more than 20-mile chase with Holland reaching speeds of up to 110 m.p.h.

Holland, driving a 2003 Nissan 350Z, was released by Byrd and the Ola officer when they learned he was a State Senator.

Bill Walters, Holland’s attorney and former State Senator from Greenwood, has filed an entry of appearance in the matter, which waives Holland’s appearance at a Feb. 24 arraignment and sets the trial date for May 12. The trial date is not official, but is tentatively set with the expectation that the Perry County District Court Clerk will soon receive the necessary filing from Walters.

The bench trial will be held in Perry County.

INFAMOUS CRIME?
Holland’s ability to remain an elected official or seek re-election has been questioned considering Greenwood Mayor Kenneth Edwards and Crawford County businessman Tom Fite were removed from November ballots for “infamous” crimes.

On Sept. 29, Sebastian County Circuit Judge J. Michael Fitzhugh ruled that Edwards was not eligible for re-election as mayor because he was found guilty of theft of property related to stealing political yard signs from private property.

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.”

Fite’s legal challenge to his ballot status came from Michael Grulkey, who filed a lawsuit in Pulaski County Circuit Court saying Fite has a 1984 criminal conviction that makes him ineligible for election. Fite faced a federal jury trial in February 1984 on several counts of medicaid fraud and bribery. The trial, held in the Eastern District of Arkansas, ended in a mistrial, and Fite eventually pleaded guilty to a lesser misdemeanor charge and was given three years probation.

The Arkansas Supreme Court on Nov. 1 upheld a Pulaski County Circuit ruling that Fite is ineligible to hold public office.

LEGALLY ‘SAFE’
In both cases, Fort Smith attorney Brian Meadors represented the plaintiffs — i.e., the winning side. Meadors said Holland is “safe” from ballot exclusion even if convicted of the fleeing charge.

“If his only sin is being convicted of being a bad driver, he’s safe in my opinion,” Meadors explained. “It has to be a crime of dishonesty. While fleeing and reckless driving may be poor judgment, it’s not dishonest.”

When asked how stealing yard signs and lying about stealing yard signs is more egregious than an action that could have endangered lives, Meadors admitted that the law doesn’t always make sensical distinctions.

“I don’t have a good response for that,” Meadors said when asked about the difference between reckless driving and stealing yard signs. “Because that does highlight how the law does not make sense at times.”