Supreme Court Justice Race~

Here is more info I found on the Arkansas Supreme Court Justices

On May 18th Arkansans will be asked to elect two Judges to the Arkansas Supreme Court. While some would have you believe that the Supreme Court race is one based mostly on personalities and endorsements, it can be argued that if someone takes seriously their right to vote they would feel the need to dig a little deeper especially where Supreme Court Justices are concerned.

Position 3 ~Race between Circuit Court Judge John Fogleman and Arkansas Court of Appeals Judge Courtney Henry.

John Fogleman http://fogleman.edelta.net/

His website says: “He’s tried and heard thousands of cases” over the past nearly three decades. In all those cases the only blemish on Fogleman’s record is the controversial West Memphis Three case- http://en.wikipedia.org/wiki/West_Memphis_3. The case revolved around the horrific murder of three boys and the life altering sentencing of three other young men. The Google hits on this case are astronomical. Emotions and conspiracy theories are abundant. A law library full of assertions have been made that Judge Fogleman “botched” the case but there has been NO proof of any wrong doing or judicial negligence on his part - in any way. In his 30 year career this is the only case I could find that was deemed “negative” or controversial.

Endorsing Forgleman are 3 former Supreme Court Justices, 19 former presidents of the Ark Bar Association and a former president of the American Bar Assn.

Courtney Hudson Henry http://www.henryforjustice.com/

As you can see, compared to her opponent, Henry has little experience as a Judge, but comes with a stack of endorsements. Supporters of Henry would include a politically diverse and influential group of people as former Republican Congressman John Paul Hammerschmidt to Democrats like Jimmie Lou Fisher and Senator Mary Anne Salmon and President Bill Clinton.

Position 6 : State Court of Appeals Judge Karen Baker, Pulaski County Circuit Court Judge Tim Fox and Little Rock lawyer Evelyn Moorehead.

Karen Baker:http://www.judgebaker.com/

Mrs. Baker has tried and presided over thousands of cases so there is plenty to examine. I found that her most controversial case involved SWEPCO. The powers that be want to make her ruling in this case about everything she says it is not, which is that SWEPCO simply did not follow the law. http://bit.ly/dkalDL

Tim Fox: http://timfoxforsupremecourt.com/wp/

Fox has also tried myriad cases and in researching his record I found several cases that gave me pause.

One of the most heated and controversial cases involves a well known attorney in Little Rock Sam Perroni http://bit.ly/dcOq3a . From what I was able to understand Mr. Perroni missed a court date in Judge Fox’s court because he had a federal court case the same day. Mr. Fox held Mr. Perroni in contempt and things only went downhill from there. My challenge with this is that Judge Fox appears to have made the issue personal, spending time and money to “prosecute” something that could just as easily have been a judicial “reprimand”.

Another one that is concerning- Robinson v. Villines http://bit.ly/axYm00 where Judge Fox retroactively applied an increase in the library millage rates for the 2007 tax year. The decision was appealed to the Arkansas Supreme Court and a unanimous decision was made that Judge Fox clearly erred, stipulating no statutory or constitutional authority to retroactively apply the millage-rate increase.

In this overturned cases Judge Fox certainly appears to have usurped the law to make his case. There are more cases where Judge Fox was overturned because of the supposed “un-constitutionality” of his findings.

Evelyn Moorehead http://evelynmoorehead.com/

Being that Ms. Moorehead is not a judge there is no case law to “vet” however there is a news article on her website if found quite interesting- http://bit.ly/aPnUrD

This admittedly limited information hopefully will inspire voters to carefully explore all the candidates for which they will be pulling the lever on May 18th~ GET OUT AND VOTE!

Questions for Tim Fox

I visited with Tim Fox a few weeks ago & asked these and a few more questions. For the most part Mr. Fox did not have answers. I would like others to have the benefit of my research so that they to may ask pertinent questions. Those chosen to sit on the Arkansas Supreme Court should be sound constitutionalist that will protect the citizens of Arkansas, comply with and fairly enforce the law.

**I am not a lawyer so there may be details I do not have or understand but suffice to say these questions were not answered

JUDGE TIM FOX

ARKANSAS SUPREME COURT, POSITION 6

STATEWIDE RACE

PRIMARY MAY 18, 2010

BIOGRAPHICAL BACKGROUND

LEGAL ACCOMPLISHMENTS

• Juris Doctor, University of Arkansas School of Law, 1981

• Private Practice, 1981-1991

• Chief Assistant City Attorney, City of North Little Rock, 1991-1996

• Prosecutor, North Little Rock District Court, 1996-1999

• Private Practice, 1996-2002

• Circuit Court Judge, Sixth Judicial Circuit, 2003 – Present

• Master of Judicial Studies, University of Nevada at Reno and National Judicial College, 2007

• Certificate in Judicial Development, National Judicial College, 2007

• Faculty, National Judicial College

• President, William R. Overton American Inn of Court, 2009 – 2010

PERSONAL

• Married to Cathy Cothran Fox for 27 years

• Father of two children, Caitlin and Andrew

• Pulaski Heights United Methodist Church

• Former Board Chairperson, United Methodist Children’s Home

• Former Board President, Friends of Arkansas Educational Television Network

CONSTITUTION – TAXES

1. The first case is one where, as I understand it, the Supreme Court of the United States said you made a mistake interpreting the Constitution, and that your interpretation violated due process that resulted in the unconstitutional taking of property. Can you explain?

Jones v. Flowers, 547 U.S. 220, 126 S. Ct. 1708 (U.S.Ark.,2006).

In this tax case, a taxpayer brought suit in Arkansas state court for determination that the notice provided by the state in connection with the tax sale of his property was insufficient to satisfy constitutional requirements and resulted in the taking of his property without due process. Judge Fox, entered summary judgment (without a trial) in favor of defendants, and the taxpayer appealed. The Arkansas Supreme Court, 359 Ark. 443, 198 S.W.3d 520, affirmed, but the United States Supreme granted certiorari (that means that they agreed to look at the case).

The United States Supreme Court held that Judge Fox and the Arkansas Supreme Court were wrong saying: (1) when mailed notice of tax sale is returned unclaimed, state, as matter of due process, must take additional reasonable steps to attempt to provide notice to property owner before selling property, if it is practicable to do so; and(2) steps which state took after being alerted to fact that notice had not been delivered, in proceeding with sale after simply publishing notice in newspaper a few weeks prior thereto, without ever posting notice at address to which notice was sent or taking other measures reasonably available to alert taxpayer of sale, were insufficient to satisfy taxpayer's Fourteenth Amendment due process rights. They reversed and remanded.

2. Have you been reversed by the United States Supreme Court finding that your interpretation of a law or case violated the constitution?

3. Have you been reversed by the United States Supreme Court as a judge? As an attorney urging a particular position?

4. A few years later, the Arkansas Supreme Court, in another case involving taxes, said that you were wrong in retroactively applying a millage-rate increase regarding library taxes. As I understand it, they said you had retroactively applied the taxes even though there was no statutory or constitutional authority to do so. Can you explain that?

Robinson v. Villines, 2009 Ark. 632. (December 17, 2009).

In this case, Judge Fox retroactively applied an increase in the library millage rates for the 2007 tax year. Taxpayers challenged Judge Fox’s decision to make them pay a retroactively applied tax. Fortunately, the supreme court found that Judge Fox clearly erred and reversed the decision saying there was no statutory or constitutional authority to retroactively apply the millage-rate increase to 2007 library taxes after the special election. Every judge voting said that Judge Fox was wrong.

5. So explain why citizens, should trust you to interpret and apply the law regarding taxation in ways that are consistent with constitutional principles.

ELECTION/BALLOT ISSUES

6. In this next case, you refused to hear a voter’s challenge to Tim Hutchinson being placed on the ballot based upon Hutchinson’s failure to meet the residency requirements as set out in the Arkansas Constitution. When I read the section 7-5-207(b) statute, that the Arkansas Supreme Court relied upon when it said you were wrong, it seems clear that the statute specifically authorized a voter to challenge a candidate’s failure to meet the constitutionally required residency requirement. In fact, the statute was designed to make sure that voters could have a candidate removed from the ballot if the candidate was not qualified. Can you explain why you refused to hear the case?

Tumey v. Daniels, 359 Ark. 256, 196 S.W.3d 479 (2004).

A citizen and voter filed a complaint in a pre-election challenge to a candidate’s (Tim Hutchinson’s) failure to meet the residency requirement of Article 5, § 4 . The Arkansas Supreme Court reversed Judge Fox’s refusal to hear the case saying that he erred in dismissing the complaint based on certain provisions under section 7-5-801. That section is only available to a competing candidate who claims to be the rightful nominee or victor. The voter who was challenging Hutchinson’s name on the ballot was not a competing candidate and that section did not apply at all to a voter’s challenge. In addition, a voter’s challenge of a candidate on this constitutional issue is the type specifically authorized by section 7-5-207(b). They reversed Judge Fox’s dismissal of the complaint and remanded for a determination of the merits of the suit.

7. When you sent out an order that took the names of Ralph Nader and his vice-presidential candidate off of the ballots, the Arkansas Supreme Court reversed your decision and said that your interpretation of state law was unconstitutional. Actually, they went even further and said that your interpretation led to an absurd result. Again, why should we as citizens, trust your judgment when it comes to interpreting the Constitution?

Populist Party of Arkansas v. Chesterfield, 359 Ark. 58, 195 S.W.3d 354 (2004).

Quote from case:

Our own court has recognized that the right to become a candidate for public office is, under our form of government, a fundamental right, which should not be in any manner curtailed without good cause. Fisher v. Taylor, 210 Ark. 380, 196 S.W.2d 217 (1946). Any law or party rule, by which this inherent right of the citizen is diminished or impaired ought always to receive a liberal construction in favor of the citizen desiring to exercise the right. Id.

Statutes are not only presumed to be constitutional, but a court must construe a statute as constitutional if at all possible. Bunch v. State, 344 Ark. 730, 43 S.W.3d 132 (2001). As the Supreme Court has recognized, trial courts cannot impose a restriction that denies a group their right to associate or denies them access to the ballot unless narrowly tailored to meet a compelling state interest. Lubin v. Panish, 415 U.S. 709, 94 S. Ct. 1315, 39 L.Ed.2d 702 (1974).

Here, the manner in which the trial court's interpretation of Ark. Code Ann. § 7-8-302(5)(B) leads not only to an absurd result, but also renders the provision unconstitutional. This unconstitutional reading of the petitioning provision at issue infringes upon one of the fundamental civil liberties of our democracy, that of the secret ballot. Anderson, 664 F.2d 600. In sum, section Ark. Code Ann. § 7-8-302(5)(B) does not state that an electorate name “their” candidate for President or Vice President. The statute only requires that the signer of the petition state their desire that the named candidates appear on the ballot.

Populist Party of Arkansas v. Chesterfield, 359 Ark. 58, 66, 195 S.W.3d 354, 359 (2004).

Your website also says that you have a Master of Judicial Studies. I understand that the Judicial Studies Degree provides a formal academic setting in which trial judges or juvenile and family court judges can integrate technical studies of the judiciary with more academic ones in an effort to provide an intellectual assessment of the role of the American judiciary. But I did not see a statement on your page that describes your judicial philosophy. Can you explain your judicial philosophy to me?

For a Limited Time Only: Getting While They Can

Local and state governments are scrambling to get their “share” of tax payer money while the getting still seems possible.
Here in Arkansas local school districts are seeking millage increases, city councils are proposing local A & P Taxes (Advertising & Tourism Promotion tax) and municipalities are requesting sales tax boosts to build sports complexes; taxpayers are now being bombed with a steady rain of requests to shell out more “for the greater good” in different areas of our state.
My belief is that local and state governments are well aware of the tax tsunami building on the federal level and want to make sure they get their portion while it’s even remotely possible.
Imagine your own paycheck. Now visualize another nickel removed here, and another dime taken there, each and every month being siphoned away. Talk about being nickled and dimed to death. Arkansas is already one of the most heavily taxed states in the union. Every man woman and child breathing in our state today owes $4,305 in state and local debt alone. Not to mention the fact Arkansas is 12th among states growing in its debt. Which means for Arkansans our “tax free day” is not May 31st like some
would have you believe but it is actually July 29th, more than half way through the year!

Friends we don’t have a revenue problem, we have a BIG spending problem-

The Arkansas Primary is just over a month away on May 18th. We have tons of folks (candidates) running around getting their message out of what THEY promise to do if elected. My thought is what will they NOT do if elected? Will they NOT raise taxes? Will they NOT spend more than we take in? Will they NOT put my children and theirs in further economic bondage?
Here is a simple way to tell if those running for office will commit to fiscal responsibility and limited government- ask them if they have signed the American’s for Prosperity’s NO CLIMATE TAX PLEDGE?
http://www.noclimatetax.com/
There is a link on that page that will give you the opportunity to put your candidates and the already-elected officials on record saying they "oppose any legislation relating to climate change that includes a net increase in government revenue."
Traveling the state as a field representatives for American Majority, I meet people regularly with an earnest desire to become more proactive and involved in the political arena. American Majority Arkansas has partnered with American’s for Prosperity Arkansas to help Arkansans to do just that-become more informed, engaged and empowered. If you want to learn more attend one of our Impact Arkansas Tour stops. Join our crusade. http://americanmajority.org/arkansas/events/

Voting- Right and Responsibility

Friends-

Today is the last day to register to vote in the Arkansas Primary, May 18th. Here is what is at stake-

2 Arkansas Supreme Seats

1 US. Senate Seat

4 US Congressional Seats

To many to list Arkansas Representative seats

Myriad tax increases, ballot initiatives and referendums across the state

Please take the time to register today if you are not https://www.voterview.ar-nova.org/ TODAY!

Then make it a point to preview your ballot BEFORE you go to the polls. All county clerk offices will have ballots available for each precinct to view (some are even on line). Encourage others to do the same. Then get the message out!- Spread the word far and wide what appears on your ballot. Take the time to find out the facts of what is being asked of the voters-

For instance in Farmington, AR voters will be asked to pass a 1 cent sales tax to build a $2.4 million sports complex which the voters have already voted down. My belief is, if you consider yourself a TEA Party person or a conservative, voter integrity would insist you vote against tax increases, expansions of government and any candidate who has been a party to either, just sayin.

If you really want to make a difference, stand up for limited government, fiscal responsibility and free markets~ VOTE and vote with integrity!

If not now, when? If not you, who?

I heard it said recently that before a new congressional member gets
to Washington, they say: “It’s a swamp that needs to be drained.” But
once they get there many change their tune to: “Ahhh, it’s a comfy
hot tub.”

There is an answer to this sad situation. It’s to build a
conservative infrastructure from the local level up. And isn’t that
just what our Founding Fathers envisioned? Surely they didn’t have in
mind self-absorbed people who are groomed to suck the life energy out
of the nation for their own advancement and pleasures?

NO!-They intended that farmers, merchants, businessmen who felt
compelled to serve their nation be elected to serve. Those who would
go and represent the people of their communities, knowing full well
the status of those communities BECAUSE THEY LIVED THERE! Not in some
cushy flat in Washington or Virginia. They did not see men and
women, Manchurian candidates so to speak, being groomed then hoisted
to majestic, privileged status to lord over their subjects while now
and again pitching them a bone ( a new high school, ball park, or
national cemetery, aka: Stimulus pork tax money) to appease the
public’s moaning.

We must start within our specific spheres of influence: home, friends,
local community, putting into practice justice based on Golden Rule. I
think we can ALL agree, left, right, Republican, Democrat; we want
LIMITED GOVERNMENT. And that – above all else - should be the unified
voice of the TEA Party. Uniting, educating and taking action to that
end, and that end alone. All the other issues are irrelevant for now,
because without a limited government "we" will not be able to argue
the issues. They will be decided for us~

I encourage each person reading to start today educating yourself on
what is happening in your community government and public affairs. Our
Primary election in Arkansas is scheduled May 18th - in 50 days. Find
out what’s on your ballot. Who are the candidates and what initiatives
are proposed? Invest some time each day finding the answers to those
questions. Then engage and inform your family, friends and neighbors;
encourage them to do the same. Look into your local public meetings
such as city council, school board and quorum court, find out there
schedule. Then attend those meetings. Show your dedication and
determination through your actions. Again find others you know are
concerned and ask them to go with you or to alternate attendance with
them. Find a group of people and take turns going, then meet over
dinner or coffee to discuss and collaborate.
Then get the word out! Let others know what is going on!

If not today, when? If not you, then who?

All it takes for evil to prevail is for good men to sit idly by and watch

Scott Brown, Still a good Decision?

Did we expect anything different?
Scott Brown is steppin in it- just check out the Facebook fan page
“Seat Scott Brown Immediately” :

You are no different than the rest of them! Shame on me for trusting you!!!
Good riddance!

TURNCOAT!

Traitor

His decision to support the Jobs Bill alongside the Democrats in Washington is really causing quite the stir.

I for one am certainly not surprised. All I ever heard Scott Brown say that I agreed with is he would not vote for the healthcare bill. Brown was elected as “the lesser of two evils”

Still don’t you think Scott Brown holding that seat in Massachusetts is infinitely better than the other option the people of Massachusetts were faced with?
Friends we are eating an elephant, and we can only do it one bite at a time. Yea it is slow goin but we are making progress. It took decades to get here, let’s give it a lil time to get turned around. We have momentum. Brown’s election is no less a referendum for change than before, but hopefully we can stop putting ourselves in the position of choosing death by fire or death by drowning. Let’s get some real viable citizens on the ballot.

What about this? We start a search, let’s call it Patriot Idol, you know where we have a choice of citizens who desire to be PUBLIC SERVANTS, on local and state levels. People from communities across our nation that we can help get elected, support and work beside to start from the ground up implementing change. Once we get representatives in local and state offices that exhibit real fiscal conservatism and prove they will protect the Constitution of their states, enforcing the laws and not interpreting them, and then we have a “plentiful bounty” (in my best Scottish accent) of seasoned and tried servants from which to choose.

Over Stimulated Yet?

‘Stimulus Helping,’ Lincoln says”
There it was staring back from the front page of the Arkansas Democrat Gazette yesterday morning. It read in part:

“Lincoln…touted the stimulus in Little Rock at the Arkansas School for the Deaf, which received $42,000 for new cafeteria serving-line equipment, and the University of Arkansas for Medical Science, which received $10.5 million toward a cancer research center.”

Oh really? My question is, of the above millions given from our taxes (and debt), how many jobs were created? And how much revenue was generated from it? In short, what has been stimulated other than the gratitude of several folks at these institutions? Seems to me the answer is NOTHING!
No one with a heart beat is against the Deaf School getting a new milk machine or the UAMS finding a cure for cancer. Most of us like milk and hate cancer. Yet neither of those has ANYTHING to do with stimulating our economy, creating jobs or producing income.

Sen. Lincoln was quoted in the story this way: “That’s what we want to see. We want to see [the stimulus] go to good use.” Poppycock! We want to see it do some honest STIMULATING in the private sector. Actually the majority of Arkansans don’t want the burden of this incredible debt at all, but if it is forced on us we would at least like to have it be productive. We are now an additional $787 BILLION dollars in debt over so many things like milk machines rather than helping foster new employers. Think I’m joshing with ya? Just Google the list of waste in this stimulus bill. See for yourself. And shake your head.

This is the point where some folks likely will say “Oh my goodness, this woman hates deaf people and wants others to die from cancer.” To that I respond is that the best, most intelligent and reasoned response you’ve got? This stimulus hasn’t worked as billed – period.

Equal Opportunity Addiction

To quote from a recent Facebook posting by Mark Martin, candidate for Secretary of State in Arkansas, “The conservative population in Arkansas is just as addicted to big government handouts, special regulatory protections, & other favors as the liberals. The only difference is conservatives say, "Slaughter somebody else's sacred cow, but don't touch mine." And liberals say, "If you will give me more grain for my sacred cow, then I will help you get more grain for your sacred cow.”
Sad to say this has become the truth and we can see where it’s left our nation and states that are facing bankruptcy today. People are running around screaming “the sky is falling and we have got to do something.” Asked what should we cut or eliminate?” They reply: “Everything, well except funding for “that which affects me and my family.” Let’s ask this- “What are you doing to stop it?”

To implement meaningful, positive “change” and impart real fiscal conservatism in a free enterprise system responsible people have to control the money. It is our economy and our futures at stake here as well as our children’s freedoms and liberties. Do you sincerely believe that? Maybe that is the really challenge. Maybe we should take a few steps back and ask: Do you honestly believe there is a problem, or are you just hopping on the bandwagon because it seems entertaining and exciting? Lots of folks do you know

Here’s where we can start. First ask yourself, “Do I truly believe we are at a crossroads in America?” Then YOU have to find out what YOU genuinely believe in and why you believe it? Next, find a group or coalition of people with similar views. There are TEA Party groups, 9/12 groups, church groups, civic groups. The list is lengthy. Heck, form your own group. Finally, commit to spending 30 minutes to an hour each day educating yourself, researching, and networking with your organization members. Make a list of the public meetings in your community. Find others willing to attend with you and then implement a plan to get and stay informed and aware.
Get Informed and Engaged!