In addition to an ever-tightening presidential contest, Arkansas voters have a slew of choices to make concerning ballot initiatives and offices on Nov. 5. Among those races lies one of particular note thanks to its historical significance and a bit of judicial musical chairs.
Following a tight March general election in which four candidates each garnered about a quarter of the vote, November’s runoff is set to decide which of Arkansas Supreme Court justices Karen Baker and Rhonda Wood will secure the title of chief justice. With it comes the distinction of being not only the second-ever female to hold the position but the first female chief justice in Arkansas history to be elected to the seat.
Circumstances have led to even more shuffling than usual this cycle. Chief Justice John Dan Kemp, whose eight-year term on the court ends on Dec. 31, did not seek reelection. Three of the four initial candidates vying for the position were sitting justices: Baker (Position 6), Wood (Position 7) and Barbara Webb (Position 4). Attorney and former state representative Jay Martin, the only candidate not on the court, was defeated alongside Webb in March.
Elsewhere on the bench, the death of Justice Robin Wynne in June created a vacancy for Position 2, to which Gov. Sarah Huckabee Sanders appointed Cody Hiland. His appointment makes him ineligible to run for reelection to the same seat. In March, Justice Courtney Hudson handily defeated lower-court judge Carlton Jones for Position 2, meaning her current spot, Position 3, will also be up for appointment by the governor. The only justice keen to stay put was Shawn Womack, whose Position 5 seat went unchallenged.
With positions 2 and 5 sorted, Webb’s seat not up for contest until her term ends in 2028 and the remaining vacancies to be handpicked by the governor, the only opportunity left for voters to have a say in the court’s makeup until 2026 comes with the chief justice race. While the chief justice’s vote counts the same as the others, the position does come with additional administrative duties and authority over the state’s entire judicial system, not to mention being the public face of the court.
Karen Baker (Photo via Arkansas Supreme Court website)
Justice Karen Baker
Baker was first elected to the high court in 2010, won reelection unopposed in 2014 and defeated lower court judge Gunner DeLay in 2022. Baker was previously an associate judge for the Arkansas Court of Appeals from 2001 to 2010. She also served as 20th Judicial District Circuit/Chancery judge from 1997 to 2000 and as 20th Judicial District Circuit/Chancery/Juvenile judge from 1995 to 1996. Prior to her judicial tenure, Baker was a public defender for Van Buren and Searcy counties from 1989 to 1995. She obtained her Juris Doctor from the University of Arkansas at Little Rock William H. Bowen School of Law in 1987.
In a February forum hosted by Central Arkansas Library System, the League of Women Voters of Pulaski County and Little Rock Public Radio, Baker characterized herself as the most experienced candidate for the role. She noted that she has acted as chief justice in cases in which Kemp had to recuse himself, adding, “That’s happened 31 times since I’ve been on the court as senior justice. I’ve handled all of those cases and my current workload without any problem.” Baker also identified “the mental health of our judges and lawyers” as her highest administrative priority.
Baker’s campaign did not respond to questions sent by Arkansas Money & Politics prior to publication.
Rhonda Wood (Photo provided)
Justice Rhonda Wood
Wood has been on the court since 2015, winning election without opposition in 2014 and 2022. Wood was elected to the state Court of Appeals in 2012. She made her judicial debut in 2006, when then-Gov. Mike Huckabee appointed her to the 20th Judicial District Circuit Court, and she won election to Division 5 of the same district in 2008. Prior to picking up the gavel, Wood served as assistant dean of the Bowen School of Law, where she completed her Juris Doctor.
In response to questions from Arkansas Money & Politics, Wood described herself as a “conservative originalist judge,” adding, “I believe we should uphold the constitution as written, and that courts should not be the ones amending it. Judges should not make law but should instead adhere to our constitutional role of interpreting it.”
Wood also pointed out her own experience in leadership roles and public service across the judicial system, saying that she is the only candidate who has articulated a plan to improve the state judiciary.
“I have worked to make the justice system better in every way possible, including running a juvenile drug court and helping reform juvenile justice,” she said. “I have real experience working with all the stakeholders in the justice system.”
Wood’s other responses to AMP included the following:
What would your priorities be as chief justice?
We need to make our entire court system more citizen- and small-business oriented. This can be done by simplifying our court rules and processes so that ordinary citizens can understand them and everyone can have their cases heard in a timelier manner. I want to work with judges to pilot innovative options for alternative court appearances for working families.
I want to encourage attorneys to practice in rural Arkansas. Every community needs access to attorneys, and this is one reason we have issues with access to justice and backlogs, especially in our rural communities. I will work with both law schools and our court of appeals to further this rural law practice outreach.
What is your appeal to the voters who opted for either Justice Webb or Jay Martin in March who will now be deciding between you and your opponent in November?
I am asking for their vote, and I believe I am the candidate that will provide the kind of leadership they are looking for on our state’s highest court. I think the voters want a candidate who is a true public servant, a candidate for chief justice who will show up, demonstrate leadership, articulate priorities and ask for their vote. Justice Webb and Jay Martin ran great races, traveled the state and made their respective cases to voters. I was there with them at those events. I am asking those voters to choose the only candidate remaining who has been to their community, demonstrated knowledge of the justice system, has a plan to improve it and asked for their vote.
Given heightened public scrutiny on the federal level, how do you see the current state of Arkansas’ judicial ethics codes? Is there anywhere you would like to see changes?
State judicial codes are more strictly written and enforced than our federal counterparts. That is in large part because of selection method differences between the federal and Arkansas constitution. Our court has authority over the judicial code, and we last revisited it in 2016. It is not something that should be changed cavalierly but with contemplation. I believe it is worth revisiting most rules every decade, especially given impacts technology has had on how judges function.
What do you see as the “proper relationship” between the judicial, executive and legislative branches of government? Do you think the Arkansas Supreme Court is doing an adequate job of upholding that standard, or are there areas for improvement?
We must work together as coequal branches. This often requires all three branches to improve the justice system, so it is critical the chief justice have a good relationship with leadership in the other branches. I alone have that. Yet the [Arkansas] Supreme Court also must act when another branch violates the constitution. We alone protect our citizens’ liberties. I have seen an improvement with the court’s understanding of its proper role in my decade on the court. Particularly, we have better relationships with other branches, and the court employs more consistent and recognized rules of statutory construction.
As a result of this race and that for Position 2, the court will see two new governor-appointed justices. What kind of impact, if any, do you see this having on the court?
Hopefully the new justices and the experience they bring will benefit the court and how we administer justice. Temporary appointed justices are nothing new to our court. This occurs from time to time. I replaced a justice temporarily appointed by Gov. Mike Beebe. I had the pleasure of working with Justice Howard Brill and now Justice Cody Hiland, both appointed by different governors. They are both outstanding jurists and brought great insight and value to the court. I am certain the same will be true of whomever is appointed to vacant positions after the election.
This election will also see the state’s first elected female chief justice. What would it mean to you to make history in that way?
I did not run for chief justice to make history. I ran because I believed I had the most experience to lead the judiciary in Arkansas. I knew the opportunity it would be for our state given this rapidly changing technological environment with the right person as chief justice, and that I would shoulder the responsibility that comes with the position. I will modify something [former United States Supreme Court] Justice Sandra Day O’Connor said to fit here: I think it’s not that I would be the first to be elected chief justice as a woman but that I am a woman who would get to serve as chief justice.
READ ALSO: AMP’s 2024 Women in Banking
