Filing challenges new evidence in JP primary case

Request for recusal at issue

CONWAY — An attorney for state Parole Board member Andy Shock on Thursday challenged a political opponent’s effort to introduce “new alleged evidence” aimed at reversing a judge’s decision not to recuse from a case involving the May 22 primary elections.

Faulkner County Justice of the Peace Johnny Brady, who seeks re-election, contends Shock should not be allowed to run against him in the Republican primary because Shock is also on the Parole Board. Shock, a former sheriff, says state law required him to resign from the sheriff’s office to join the board. But he says the law does not apply to the reverse scenario.

Judge Chris Carnahan, ruling March 21 in Faulkner County Circuit Court, declined Brady’s request that he recuse from hearing the case and ruled that Shock could run for justice of the peace.

Shock’s attorney, Russell A. Wood, countered in a court filing Thursday that Brady and his daughter, Shelly Carpenter, are now trying to support their renewed request for recusal “by referencing all sorts of new irrelevant and hearsay information not contained in the record of the hearing.”

But Wood said, “Rule 59 of the Arkansas Laws of Civil Procedure does not allow the moving party to present new evidence to the Court. Rule 59(a) states that the Court may open a judgment and take additional testimony, but that does not allow the movants to argue new alleged evidence not in the record.”

Wood also argued against an affidavit signed and entered March 22 on behalf of Carpenter, who questioned Carnahan’s relationship with Shock and former Prosecuting Attorney Cody Hiland.

Carpenter’s affidavit said in part, “It is common and public knowledge Carnahan worked for Prosecuting Attorney Cody Hiland as a Deputy Prosecuting Attorney.” Hiland is now the U.S. attorney for the Eastern District of Arkansas.

Carpenter added “that Hiland, Carnahan and Andy Shock all worked together and were and are politically aligned” and “that Hiland and Shock have worked together against … Brady.”

In declining to recuse, Carnahan said he had a “passing familiarity” with the people in the case and added, “None of these people have ever been in my home.”

In countering Carpenter’s affidavit, Wood said, “Ms. Carpenter now asserts all sorts of conspiracies regarding this Court, Cody Hiland, and Andy Shock. However, during the hearing of this matter — when actual evidence was to be presented — Ms. Carpenter sat on the front row and did not testify.”

Chris Burks, an attorney for Brady and Carpenter, has said he will appeal to the Arkansas Supreme Court if Carnahan does not reverse his decisions.

Brady and Carpenter have until 4:30 p.m. Tuesday to respond to the latest filing.