Retired judge chosen for gay-marriage case

Gov. Mike Beebe picked a retired circuit judge to fill in for a Supreme Court justice who recused himself from hearing a challenge to the Arkansas ban on gay marriage.

Robert McCorkindale of Harrison will hear arguments in the place of Justice Cliff Hoofman, who recused Sept. 10.

McCorkindale retired from Boone County Circuit Court in 2002, according to Beebe spokesman Matt DeCample, who said McCorkindale’s credentials and his continued work as a “fill-in” on cases in northern Arkansas made him a quality replacement for Hoofman.

He added that McCorkindale doesn’t have to worry about re-election.

“He’s a good choice because he is retired and there are not any concerns with the politics of the issue,” DeCample said. “He’s a respectable judge … the right person for this spot.”

Attorneys representing same- sex couples, whose challenge led Pulaski County Circuit Judge Chris Piazza to invalidate in May a state law and amendment banning gay marriage, asked that justices facing re-election step away from hearing from the case.

The motion was rejected by the court Sept. 4, but less than a week later, Hoofman recused without explanation.

Hoofman, who was appointed to the bench by Beebe to replace Justice Robert Brown, took his seat Jan. 1, 2013. He is not eligible to run for the seat when his term ends.

On Sept. 22, a complaint was filed against Hoofman with the Judicial Discipline and Disability Commission, accusing the justice of discussing the gay-marriage case with Republican state Sen. Jason Rapert, an outspoken opponent of gay marriage.

That complaint is under investigation.

Filings in the gay-marriage case are due by Oct. 15. Oral arguments have not been set.