Cook: SOS Mark Martin Wastes Taxpayer Money & Could Be Prosecuted

Secretary of State Mark Martin sure loves wasting taxpayer money and today a Circuit Judge agreed with that notion. Judge Tim Fox’s ruling today could, in theory, lead to Mark Martin’s eventual removal from office.

Under state law, the Secretary of State is to be represented by the Attorney General’s office if he/she is sued in his or her official capacity. The Secretary of State can hire outside counsel if the Attorney General or the Governor grants a waiver depending on the circumstances.

Mark Martin is involved in a FOI case brought on by Matt Campbell of the Blue Hog Report blog. Martin hired private practice lawyers to represent him even though he could have utilized the Attorney General’s lawyers for free or could have used attorneys already on his payroll. Martin has never gotten prior permission from the Attorney General in this case or in previous cases where he hired private practice attorneys.

Campbell objected to the hiring of private practice lawyers and Judge Fox agreed, kicking Martin’s lawyers off the case.

One can easily get lost in the ins and outs of this court case, so allow me to sum it all up:

Mark Martin wasted over $100,000 in taxpayer money by illegally hiring private practice lawyers and could be prosecuted for breaking a law that expressly prohibits their hire without prior permission. A successful prosecution would remove him from office.

Arkansas law is very clear when it comes to hiring private practice lawyers by constitutional officers without prior permission:

Arkansas Code § 25-16-702 (d) states: “Any person violating the provisions of this section shall be subject to indictment and upon conviction fined in any sum not less than two hundred dollars ($200) nor more than two thousand dollars ($2,000) and, upon proper proceedings, removed from office.”

Martin’s office indicated they will appeal Fox’s ruling, so this case is far from over.

Let’s take a look at the politics of this situation.

First, this case could go all the way to the State Supreme Court for a final ruling, which could take some time.

Secondly, the case could be submitted to the Prosecuting Attorney for prosecution. It’s unknown at this time if a prosecutor would pursue the case.

Thirdly, both of the above points cause problems for Arkansas Republicans.

If a final ruling is made after filing for office closes next year and Martin is removed from office, Republicans are stuck without a candidate for Secretary of State. Under state law, a political party can only replace a state candidate if he/she dies, moves out of state, or has a terminal illness.

Republicans could, in theory, lose the Secretary of State’s race simply because they don’t have a candidate. Do Arkansas Republicans try to find a replacement now and encourage Martin not to seek reelection? Or do they keep their fingers crossed and hope that Martin escapes prosecution, ending up with just a slap on the wrist?

Martin’s recent troubles may also encourage other Democratic candidates to jump into the race. Former Pulaski County Election Commissioner Susan Inman is the only announced candidate against Mark Martin, but Martin’s troubles could cause other Democratic candidates to jump into the race.

Whoever the Democratic nominee is next year, Democrats now have a powerful message to use against Mark Martin: “Why even a circuit judge said Mark Martin wasted $100,000 of your money by hiring some expensive Little Rock lawyers.”

Regardless of the final outcome of the latest mess Mark Martin has gotten himself into, he’s created a situation where he could either lose in a primary or a general election.

Not the best position to be in heading into 2014.