Casey Reed v. Ken Yang; Grant County Board of Election Commissioners; Saline County Board of Election Commissioners; Geral Harrison, in His Capacity as Grant County and Circuit Clerk; Doug Curtis, in His Capacity as Saline County Clerk; Joseph Wood, in His Capacity as Chairman of the Republican Party of Arkansas; and Cole Jester, in His Capacity as Arkansas Secretary of State

Summary

The Arkansas Supreme Court affirmed the circuit court’s ruling that Casey Reed was ineligible to run for the Arkansas House of Representatives because he had pleaded guilty to a public-trust felony, and that votes cast for him could not be counted or certified. The court also affirmed Ken Yang’s standing and the admission of testimony from the county prosecuting attorney, while finding no preserved error concerning limits on cross-examination. On cross-appeal, the court reversed the denial of attorney’s fees and expenses and remanded for Yang to file a fee petition.

Holdings

1. An Arkansas citizen may bring an action under Arkansas Code Annotated section 21-8-303(b)(1) when the prosecuting attorney has failed or refused to enforce the public-trust-crime provisions; the statute's reference to 'any citizen of this state' does not require residence in the legislative district at issue.
2. A person who has pleaded guilty to a public-trust felony is ineligible to file as, run as, or hold a constitutional office, including a seat in the General Assembly.
3. The circuit court did not abuse its discretion by allowing Yang to call Howell as a witness because her testimony was material, unavailable from another source, and potentially prejudicial to her clients under the applicable three-part attorney-witness test.
4. The court would not reach the merits of Reed's challenge to the limitation on cross-examination because Reed failed to preserve the issue by making a specific proffer of the questions he wished to ask.
5. A prevailing citizen plaintiff under Arkansas Code Annotated section 21-8-303(b)(2) is entitled to reasonable attorney's fees and expenses, and the circuit court erred by denying fees without allowing Yang the fourteen-day period to file a fee petition under Rule 54(e)(2).

Questions Presented

1. Whether Ken Yang, although not a resident of District 92, had statutory standing as an Arkansas citizen to seek enforcement under Arkansas Code Annotated section 21-8-303.
2. Whether Reed's guilty plea to a public-trust felony rendered him ineligible to file as, run as, or hold a constitutional office under Arkansas Code Annotated section 21-8-305 and the Arkansas Constitution.
3. Whether the circuit court improperly admitted Teresa Howell's testimony under Arkansas Rule of Professional Conduct 3.7.
4. Whether the circuit court improperly denied Reed the opportunity to cross-examine Howell.
5. Whether Yang was entitled to mandatory attorney's fees and expenses under Arkansas Code Annotated section 21-8-303(b)(2), and whether the circuit court erred by denying fees without allowing a fee petition.

Disposition

reversed_and_remanded