Speaker advises Gates to resign

The leader of the state House said he has advised Rep. Mickey Gates, R-District 22, to resign his seat representing north Garland and west Saline counties following the no contest plea to a felony tax offense the three-term legislator entered Monday.

Speaker of the House Matthew Shepherd, R-District 6, of El Dorado, said Thursday that he would resign if he were in Gates’ position. Shepherd suspended Gates from his committee assignments last year.

“I’ve told him if I were him I’d resign,” Shepherd said, noting it’s up to the 100-member chamber to determine if Gates should leave office. “I think it would be in the best interest of everybody if he resigned, but it’s my understanding he intends to stay in the House.”

Gates said Monday he had no plans to resign.

The Republican Party of Arkansas and Garland County Republican Party

Committee have not responded to requests for comment on Gates’ decision to remain in office. Gov. Asa Hutchinson, Lt. Gov. Tim Griffin and Attorney General Leslie Rutledge, all Republicans, called for Gates to resign last year after a special prosecutor charged him with six counts of failing to pay state income taxes or file an income tax return.

Each count is punishable by up to six years in prison and a $10,000 fine. Five of the counts were withdrawn as part of the plea deal.

The state Constitution prohibits persons convicted of an “infamous crime” from serving in the Legislature, with voters overwhelmingly approving a legislatively referred amendment in 2016 that specified offenses qualifying for the prohibition. They include felonies, abuse of office and crimes of dishonesty.

But Shepherd said it’s his understanding that the deferred adjudication plea Gates entered under the state’s first time offenders statute doesn’t qualify as a conviction. The statute allows him to avoid a finding of guilt if he complies with the terms of the six-year probation he agreed to, including paying

$74,789 in taxes, penalties and interest for the 2012, 2013 and

2014 tax years and filing returns for the 2015, 2016 and 2017 years.

During the probation term, he is not considered as having a felony conviction, according to the statute, except for the purposes of being prohibited from possessing a firearm and sentencing enhancements that could be applied to subsequent felony convictions. The firearm prohibition does not apply after successful completion of the probation term.

“In light of the plea agreement, it’s my understanding that everybody involved in the case is likely to agree it’s not a conviction,” Shepherd, who is an attorney, said.

Jeff Rosenzweig, Gates’ attorney, said Monday that the plea deal wasn’t a conviction.

“Under Arkansas law, he has not been convicted of the offense,” he said.

Charging documents filed against Gates said he owed $259,841 in taxes, penalties and interest as of June 2018, and that no tax returns for him were found in the state revenue agency’s computer system. A restitution hearing to determine Gates’ obligation for the 2015, 2016 and 2017 tax years is scheduled Dec. 2.

A six year statute of limitations prevented the state from prosecuting Gates for tax offenses prior to 2012.