Appeals court candidates each point to experience as key
In the general election in May, a Saline County district judge who has presided in her seat for more than a decade faces a longtime law clerk for the Court of Appeals judge they hope to succeed.
District Judge Stephanie Casady and opponent Wendy Wood are vying for the appeals court seat being vacated by Larry Vaught, who is retiring Dec. 31. The district covers Perry, Pulaski and Saline counties.
Casady, 46, is the second-longest-serving district judge in Saline County, and the first female state court judge elected in the county’s history. She began her career in 2000 with the Office of Chief Counsel for the Arkansas Department of Human Services and later served as Saline County’s deputy prosecuting attorney. In 2006, she entered private practice while serving as a court-appointed ad-litem for abused and neglected children.
Casady was elected district judge in 2012 and has served as president of the Arkansas District Judges Council. She said she wants to help restore confidence in the judiciary.
“I would continue to do what I do now, which is make sure that everything I do is fair and impartial, which is what a judge is supposed to be,” Casady said. “I would be mindful of any conduct by me is a reflection on the judiciary as a whole.”
Casady said the role of a Court of Appeals judge is to take the facts and apply the law.
“Judges are not supposed to be result- or outcome-driven,” she said. “They are supposed to take a case as it comes to them. We are not there to legislate, obviously. There might be laws that you do not love, but that isn’t the judge’s role, to ignore the law or interpret that law in a way that gets the outcome you want.”
Wood, 52, has been a lawyer for 25 years. She was an attorney with the Barber Law Firm from 1996 until 2006, when she became a law clerk in the Court of Appeals.
“I was encouraged by Judge Vaught to consider running years ago,” said Wood, who played professional basketball in Tokyo before becoming a lawyer. “That seed he planted blossomed. I had years of discussions with my husband and my family until ultimately I decided to run for the position.
“I really feel like I have been training for this position on this court for 25 years.”
Wood said the role of a Court of Appeals judge is “very defined.”
“We review cases that come from the trial court or state agencies to determine if whether there was an error below,” she said. “The Court of Appeals judges do not retry the cases, they do not determine credibility of the witnesses, and they do not weigh the evidence. We read in the record what happened below, and we look up the law and apply the law to the facts, along with the appropriate standard of review, and determine if there was an error below.”
Wood said understanding that role is important because the Court of Appeals is the last opportunity for review for many.
“The Court of Appeals is sometimes known as the court of last resort,” she said. “We have the Arkansas Supreme Court, but only certain cases go to that court. So a majority of cases that are appealed are heard for the last time in the Court of Appeals.”
BACKGROUND
Wood said her father was an FBI agent and instilled in her a respect for the law.
“His sacrifice and commitment as a law enforcement officer, I think, led me to the field of law,” she said. “He often told stories about testifying in court, and I think that is probably what inspired me.”
She said her family was fully on board when she approached them about running.
“Both my husband and my two daughters were 100 percent behind me when I told them I was thinking about running for the position,” she said. “I believe a large part of that is that we have been teaching our girls for years that they can do or be whatever they want to be, and they turned it around me and said the same thing.”
One of the main things Wood points to in her campaign is her basketball career. Formerly Wendy Scholtens, she was a standout basketball player at Fort Smith Southside and Vanderbilt University, earning All-American honors at both, and after graduation played pro basketball in Japan for a year. Wood was inducted into the Vanderbilt Sports Hall of Fame, as well as the Arkansas Sports Hall of Fame and the Tennessee Sports Hall of Fame.
“I think it’s important for people to know that about me for two reasons. One, because when you meet me and see me, that is one of the first things you are going to ask me about because I am very tall. People ask me about that every day,” said Wood, who was listed as 6-4 during her playing career. “But, more importantly, I think it’s important because I learned a lot of valuable lessons on the basketball court.”
“I learned about teamwork and commitment and integrity and hard work,” she said. “Those lessons I learned on the basketball court have served me well in my life and in my law practice, and I know they will serve me well as a judge.”
Casady said she decided to become an attorney when she was in a ninth-grade civics class.
“Not too far into my legal career I had practiced in front of different judges, and I admired them and looked up to them,” she said. “So I decided if I ever had the opportunity to be a judge that I would run for judge.
“It worked out for me because 10 years ago I asked the voters to elect me, and what I promised them was that I would respect the Constitution and follow the law and treat everyone fairly while being kind to all people who came in front of me, and I feel like I have done all those things.”
Casady, whose husband is a judge, said her son doesn’t remember a time when the family wasn’t part of the judiciary branch.
“I knew it was going to be a time commitment on all of our parts, and a financial commitment as well, but they are both very supportive,” she said. “Between me and my husband this is our ninth campaign, so we kind of knew what we were getting into. We’ve won eight out of eight.”
EXPERIENCE
Both candidates tout their experience but expressed different views on its relevance.
Casady said people should vote for her because it’s critical to elect judges to the appellate court who bring judicial experience.
“If you look at the makeup of the appellate court right now, what you are going to find is people who served as lower court judges before they were elected to the appellate court,” she said. “It’s my personal belief that in order to be an appellate judge you should bring judicial experience.”
Casady said at the Court of Appeals level the judge rarely sees people in person.
“When I make a decision as a district judge, I am looking at you and you are looking at me,” she said. “At the Court of Appeals you are looking at paper, but I have the experience, the hands-on experience, and have dealt with people and been in the courtroom and know what really happens.
“So when I read this stuff I can visualize it, because even if it’s just briefs and motions, for those people, it’s the most important case that has ever existed.”
Wood said being a law clerk for Vaught is the exact type of experience needed for the position.
“I have worked there for over 15 years, and I understand firsthand how important these cases are that we work on,” Wood said. “There are people with problems that come before our court fighting for their families, fighting for their property, fighting for their business, and in a lot of cases fighting for their freedom.
“Those are serious matters that deserve the attention of an experienced appellate judge.”