Attorneys ask for judge’s recusal in JP-eligibility case.

Lawyers say judge, candidate too close

CONWAY — Attorneys asked a Faulkner County circuit judge Wednesday to reverse an earlier decision or recuse from a case challenging whether state Parole Board member Andy Shock may also serve on the county’s Quorum Court.

Shock, a Republican, has filed to run for the justice of the peace seat from District 10, a position now held by fellow Republican Johnny Brady, who is seeking re-election.

Last week, Judge Chris Carnahan declined to recuse. He said he had a “passing familiarity” with the people involved in the case and added, “None of these people have ever been in my home.”

Attorneys Chris Burks and Daniel Ford, who represent Brady and his daughter Shelly Carpenter, contend Shock and U.S. Attorney Cody Hiland were one reason Gov. Asa Hutchinson appointed Carnahan to a judiciary post.

Carnahan was a deputy prosecutor when Hiland was prosecuting attorney for the 20th Judicial Circuit, which includes Faulkner County. Shock is a former Faulkner County sheriff.

If Carnahan still does not recuse, the new motion says, the judge should then reverse his other ruling and disallow Shock’s candidacy.

Burks said by telephone late Wednesday that if he fails again in circuit court, he will appeal to the Arkansas Supreme Court.

In arguing for recusal, Burks and Ford said Carpenter and Brady contend that the relationship between Carnahan and Shock “is much more than a ‘passing familiarity’ and that Shock was key to this Court’s appointment.”

Burks and Ford added: “Ultimately … this Court knows its relationship with Andy Shock. This Court knows the public has knowledge of that relationship. That Andy Shock may not have ever been to this Court’s home does not diminish the key support Andy Shock gave this Court to attain this position.”

Carpenter is part of the case because she filed the complaint about Shock’s candidacy with the Faulkner County Election Commission, which decided to let a court decide the matter.