Fite loses another Supreme Court ruling

Thursday’s (April 28) Arkansas Supreme Court ruling is likely the end of the legal road in Tom Fite’s challenge of a legal decision that tossed him off the ballot in the November general election for the District 83 Arkansas House seat.

Prior to the Nov. 2 election, a legal challenge to Fite’s ballot status came from Michael Grulkey, who filed a lawsuit in Pulaski County Circuit Court saying Fite has a 1984 criminal conviction that made 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.

Pulaski County Circuit Court Judge Collins Kilgore ruled Oct. 27 that Fite’s name be excluded from election ballots and ordered election officials to not count votes for Fite.

“The plain language of the Constitution of the State of Arkansas prohibits one convicted of bribery from holding public office, and Mr. Fite has been convicted of aiding and abetting medicaid bribery,” Kilgore noted in his ruling.

On Nov. 1, the Arkansas Supreme Court upheld the ruling.

Democrat Leslee Milam Post was declared the winner in the District 83 House race.

Fite’s second shot to undo the ruling was struck down in an opinion issued Thursday by Associate Justice Courtney Hudson Henry.

“The lapse of time has rendered moot the issues presented on appeal. We perceive no need to issue an opinion that would be purely advisory, as the interests raised are not likely to recur and do not implicate the public interest,” Henry noted in the ruling.

She also indicated that Fite failed during the process to meet appeal deadlines.

“In this instance, Fite did not file a notice of appeal until after the election was over, and thereafter he waited fifteen days to request expedited review,” Henry explained.

However, Fite is still pushing the issue through a complaint about the actions of an Arkansas State Police Trooper.

On Nov. 5, Fite alleged that a member of the Arkansas State Police used the state’s information system to gather information about Fite. Fite claims the officer did this to help the Post campaign in its effort to remove him from the ballot.

The ASP began an investigation into Fite’s complaint, and that investigation continues.

“It is still under investigation,” Sebastian County Prosecuting Attorney Dan Shue said Thursday. “I would hope that it could be wound up within the next 30 days.”

Shue said all parties have been “very cooperative,” but the delay has been a matter of getting all the evidence collected and reviewed.