Tolbert: Hearing On Martin’s Use Of Outside Attorney On Monday (UPDATED)

If you have not been following the story, Secretary of State Mark Martin has found himself having to defend his use of outside attorneys.

The issue came up as part of a lawsuit by blogger and attorney Matt Campbell of the Blue Hog Report, who filed suit against the Secretary of State’s office for failing to comply with a Freedom of Information Act request.  As part of the lawsuit, Campbell has objected to Martin’s uses of outside legal counsel.

In a court filing, Campbell objected, saying that the use of an outside attorney violates ACA § 25-16-702, which requires the secretary of state to use the attorney general in most circumstances.  Exemption is made if the secretary of state requested the attorney general’s service, the AG declined, and subsequently the governor allowed outside counsel.  According to both the attorney general and the governor, this did not happen.

Pulaski County Circuit Judge Tim Fox will hear arguments Monday morning at 9:30 in Little Rock as to if Martin is able to use attorneys from the Quattlebaum, Grooms, Tull & Burrow law firm to defend the office in the lawsuit.  Although the case has a direct impact on the FOIA law itself, it could potentially have a larger impact on the Secretary of State’s office after spending over $100,000 on outside attorneys in the past fiscal year.

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.”

It appears that “proper proceedings” refer to impeachment and removal by the state legislature which seems unlikely.  However this is definitely one to keep an eye on as it could potentially impact the 2014 election.

UPDATE – Campbell posts on his law firm’s Facebook site:

“Motion Granted.  Judge Fox ruled that Secretary of State Martin’s hiring of Quattlebaum firm violated Ark. Code Ann. 25-16-702.”