A longtime judge on the Court of Appeals is retiring, leaving the seat open for Central Arkansas residents to choose a new representative on the statewide appellate court.
Circuit Judge Casey Tucker and Molly McNulty, a law clerk for an appellate court judge, are both seeking the seat representing Pulaski, Perry, and Saline Counties.
Judge Rita Gruber has held that seat since 2009. Soon after Gruber announced she would not run for another eight-year term on the court last year, McNulty and Tucker threw their hats in the ring. After beating out a third challenger in the March primary, the two are competing in a runoff on November 5.
McNulty has worked on the Court of Appeals for nearly a decade, serving as a court clerk under Judge Ray Abramson. She says her experience inside the court makes her the best candidate for the job.
“I know the people on the court, I know the work of the court, I’ve had on-the-job training for nearly a decade so there would be no learning curve.” McNulty told Little Rock Public Radio.
Tucker also brings a full resume to the race; a longtime civil attorney-turned circuit court judge, Tucker says she knows what it’s like to be on both sides of the bench.
“I believe it’s important that we have appeals judges who have actually tried cases and represented clients,” She said in a recent interview. “I believe judges must have life perspective in earning the trust of a client, or presenting evidence in a courtroom.”
Both candidates point to their resumes to claim they'll be ready on day one. Tucker ran her 2020 campaign for circuit Judge on the platform of serving children and families.
“I have one of the busiest dockets in the state, I hear domestic and probate cases. I do absolutely love this docket.” Tucker said, adding a shift to the statewide appellate court would allow her to make a “real difference” in the lives of Arkansas children.
If she’s not elected to the Court of Appeals, Tucker would serve at least two more years in the circuit court. If she is elected, Gov. Sarah Sanders would appoint a new judge to serve the remainder of Tucker’s six-year term
Meanwhile, McNulty’s campaign website promises to quote “faithfully uphold the principles of justice under state and constitutional laws.” McNulty says this relates to the nonpartisan nature of judicial races.
“That’s a good thing for Judges to be impartial and independent. And I would follow the constitution and uphold the rules of our state in the best way I know how,” McNulty said. “Because of my experience I’ve been able to work on those cases and serve in that capacity for the past ten years.”
The Court of Appeals was created in the late 1970’s to relieve pressure from the Supreme Court. It functions as the “final court of review” for most cases in the state, leaving the highest court to focus on unique questions of law. Judge Tucker sees the appellate court as a “second-check” on the work she does on the Circuit court.
“It’s not a chance for the case to be retried, it’s just to make sure the correct law was applied and the standard of review was correct.” Tucker said.
Twelve judges sit on the Court of Appeals, each sitting on randomly-assigned panels of three that rotate each month. Each week, the panel reviews their assigned cases and decides to affirm or reverse the decision of lower court judges. If the vote is not unanimous, the case goes to a panel of six, then a panel of nine if the six judges split their vote. Unlike other Arkansas courts, the court of Appeals does not have a formal rulebook created by the Supreme Court. The court instead uses an internal document to outline its processes.
McNulty calls the court a “well oiled machine,” but still thinks there’s room for improvement. She noted the appellate court does not meet face-to-face with parties involved, but instead issues decisions based on written briefs.
“I think it is important to remember that these cases, they are real people and they are real issues, and the timeliness of getting decisions out and the impact that has can always be improved.” McNulty said, adding she believes in treating each case as though it is “the most important case–because to the parties, it is.”
Tucker advocates for judges to embrace technology to help speed up the hearing process, saying she wants to have a streamlined appeals system to prioritize cases that impact children.
“Like looking at a ranking system to establish the importance of certain cases to be expedited. From there we work furiously to make sure we get through that heavy caseload. Obviously there’s been a Covid-19 backlog, we have lots of work to do. This is a work court, so to speak, and I’m ready from day one to do so.”
Both candidates praised the courts’ reputation and emphasized the collaborative nature of the job. Tucker said her reputation for being a “team player” is what led her to seek the seat.
“And I’ve always been a hard worker so I was approached by many others to run for this. I have no issue with collaboration, I will continue to work hard.”
McNulty says working with others is her personal strength, promising to “always serve with integrity and impartiality.”
“Even if we disagree I will always be respectful,” She said. “There are great lawyers in this state and so they’re going to be advocates for their clients, and part of your role as a judge is to come to the most fair and just decision you can.”
McNulty attended Davidson College for her undergraduate degree and earned a Master of Public Service from the University of Arkansas Clinton School of Public Service. She says her youth shaped her love for public service.
“A Native Arkansan, I was reared with the values of hard work and giving back to our community.”
McNulty’s husband Chris is an attorney at the Rose Law Firm in Little Rock. They have two children in first grade and pre-k. McNulty said there is “never a dull moment” at home.
McNulty serves on the board of several nonprofits, including the Arkansas Repertory Theater, and the Arkansas Symphony Orchestra. She says she believes the arts make cities and communities more vibrant.
Tucker grew up in Little Rock and attended J.A. Fair High School. She graduated from the University of Arkansas School of Law in 1997, and returned to Central Arkansas to raise her family and practice law.
“I married my highschool sweetheart, Mike Tucker, and we have two children who are now grown up and doing their own amazing things in life,” Tucker said. “We chose to raise our family in Central Arkansas because this is where we call home.”
McNulty’s campaign has significantly outraised and outspent Judge Tucker’s. McNulty’s campaign reported raising over $250,000 through August 2024, with contributions from over 800 businesses and individuals, including the Arkansas state Chamber of Commerce, the Arkansas Realtors Association, and Little Rock law firm Wright Lindsey Jennings. McNulty also reported loaning $25,000 dollars to her own campaign.
Tucker’s campaign reported raising over 16,000 dollars for the campaign through the August reporting deadline, including a $3,500 loan.
Pulaski, Perry, and Saline County residents can cast their vote for the next Court of Appeals judge beginning October 21st, and up to November 5th.
