Clerk will seek 2nd term in ’ 16 despite charge

CONWAY — Faulkner County Clerk Margaret Darter has filed to seek re- election despite a felony charge resulting from actions she’s accused of taking as clerk.

Darter is a Republican seeking a second term in office.

Others filing for the job before Monday’s deadline were Marvin Lessmann, also a Republican; and Penny McClung, a Democrat.

Darter was charged last month with tampering with a public record. She is free on her own recognizance.

The charge is a Class D felony punishable by up to six years in prison upon conviction.

The office of Ken Casady, the Saline County prosecuting attorney, is handling the case because Cody Hiland, the Faulkner County prosecutor, recused.

The charge against Darter followed an Arkansas State Police investigation of her office’s handling of public officials’ financial records.

In requesting that investigation in June, Hiland said information indicated that some county officials’ statements of financial interest were filed after the legal deadline “but were improperly file stamped to reflect a timely filing and compliance with the law.”

Darter is scheduled for a plea and arraignment Nov. 23 in Faulkner County Circuit Court.

Darter did not immediately return a phone message seeking comment Monday. A woman in her office suggested that a reporter talk with Darter’s defense attorney, Frank Shaw.

Shaw said Monday that Darter had confirmed to him that she filed Friday.

“Any negotiations we might have with the prosecuting attorney were not contingent with her filing or not filing,” Shaw said Monday. “Our discussions are ongoing.”

Lessmann, an insurance executive, unsuccessfully opposed Darter in the Republican primary in 2013.

McClung, a Democrat and employee of the Faulkner County circuit clerk’s office, ran unsuccessfully in 2013 for county treasurer. She formerly worked in the treasurer’s office.

McClung said she couldn’t comment Monday because she was at work, and she would not give a phone number where she could be reached after work. Her home number is unlisted, according to directory assistance.

Lessmann said he doesn’t know if the charge against Darter will be a campaign issue.

“I don’t intend to make it into a big issue,” he said. “Obviously, it was something that went on. We will be talking about the types of processes in the clerk’s office.

“That office does a lot more than just elections,” Lessmann added. “It also does bookkeeping functions. It also does filing functions” in probate and other matters and maintains many

county records.

“Obviously, everything has to be stamped in right,” he said.

Faulkner County’s attorney, David Hogue, has said Darter can continue to hold the office unless she is convicted.

If she is convicted of the felony charge, Hogue said, he believes state law would mandate that she’s removed from office.

Arkansas Code Annotated 21- 12- 302 says in part, “Upon conviction of any county or

township officer for an offense involving incompetency, corruption, gross immorality, criminal conduct amounting to a felony, malfeasance, misfeasance, or nonfeasance in office, a part of the sentence of the circuit court having jurisdiction shall be to remove such officer from office.”