Gates says he would still seek fourth term

State Rep. Mickey Gates, R-District 22, said Tuesday that he will run for a fourth term regardless of the outcome of Friday’s vote to remove him from office.

House members will convene Friday to vote on a resolution to expel Gates, the threeterm lawmaker representing east Garland and north Saline counties who pleaded no contest in July to a felony charge of failing to pay state income taxes. Speaker of the House Matthew Shepherd, R-District 6, of El Dorado, filed the resolution last month after Gates defied calls for his resignation from the state’s Republican leadership.

The state Constitution allows the House to expel a member with a two-thirds vote but prohibits a second expulsion for the same offense. The Arkansas Democrat-Gazette has reported at least 59 members plan to vote for removal. Sixty-seven votes are needed to pass the resolution.

“The Constitution is clear, I can’t be removed from office more than one time for the same offense,” Gates said.

Gates said he hopes the presentation he plans to make before Friday’s vote will sway undecided colleagues. Rep. Bruce Cozart, R-District 24, said he’s among the undecided. Cozart, who represents the Highway 70 west corridor of Garland County, said he wants to hear the presentation before he decides.

“I don’t want to judge until I hear it all,” he said, explaining that other House members also want to hear Gates make his case directly to the chamber.

Gates said the 2019 law the resolution cited as the statutory rationale for his expulsion is unconstitutional. It disqualifies a person convicted of a public trust crime as a

candidate for legislative office and prohibits people who’ve pleaded guilty or no contest from serving in the Legislature or filing for legislative office. Gates said the law, which he voted for, supersedes the state Constitution and is therefore unconstitutional.

“The question of the day will be is the bill we passed constitutional,” he said. “When we voted for the bill, I didn’t hear the argument that it was unconstitutional. If I had heard that argument, I may not have voted for it.”

Gates said even if he believed the law was valid, the no-contest plea he entered under the state’s first-time offenders statute isn’t a conviction, as it allows him to avoid a finding of guilt if he complies with the terms of the six-year probation he was sentenced to in Garland County Circuit Court. According to the statute, the court shall dismiss the case if the defendant successfully completes probation. Per the statute, the defendant is not considered as having a felony conviction during the probation period.

“There’s not going to be an adjudication of guilt or innocence,” he said. “The charges will be dismissed.”

Rep. Richard Womack, R-District 18, of Arkadelphia, said Tuesday that he was unsure if the 2019 law barring felons from office applied to Gates’ circumstance. Womack, who represents southwest Garland County, said he was undecided on the resolution.

State Reps. Les Warren, R-Distinct 25, and Laurie Rushing, R-District 26, said Tuesday that they will support the resolution. Warren, who represents the incorporated area of Hot Springs, said the 2019 law is clear.

“I don’t have anything against Mickey personally,” he said. “But I can’t turn my back on the law just because it’s someone from Garland County. You don’t pick and choose who you want the law to benefit or go against.”

Warren said while numerous constituents have urged him to back the resolution, none have asked him to support Gates.

“I’ve not had one call to say keep him in office,” he said. “I’ve been flooded with calls, texts and emails saying why has this not happened already.”

Rushing, who represents the Diamondhead area of Garland County and north Hot Spring County, said the 2019 law bars Gates from office.

“While I consider Rep. Gates a friend, the law is pretty black and white,” she said. “I wish Rep. Gates would have stood by his vote on (the 2019 law) and resigned from the position. I’m disappointed Rep. Gates has put us in this situation of a vote and spending of additional tax money in order to meet for this vote.”

Gates said his constituents should be the ultimate arbiter of his political fate.

“If we can arbitrarily remove someone from office, there’s a whole list of people I’d like to see removed,” he said. “But that’s not what a republic is about. I’ve been duly elected by the constituents of my district, and that was even after I was arrested and charged.”