From the Arkansas Advocate:
The Arkansas Supreme Court on Thursday dismissed an administrative civil appeal Chief Justice Karen Baker filed in January against the state courts director, ending a months-long dispute.
Baker’s appeal asked her colleagues to dismiss the findings in a human resources investigation that determined she harassed judiciary employees in December 2024.
“We consider this an attempt to judicially appeal initial findings, and we hold that we lack jurisdiction over this internal appeal,” the justices wrote in a per curiam order.
Baker visited the Justice Building on Dec. 4-5, 2024, after she was elected but before she was sworn in as the first elected female chief justice. Her behavior toward Administrative Office of the Courts employees prompted the human resources probe and resulted in a Jan. 10 report that was not made public until March 13.
“Justice Baker intimidated staff, appears to have targeted female employees of color, indicated an intention to retaliate based on her perception of how employees voted, and indicated an intention to retaliate based on her perception of whether employees were cooperating with Judicial Discipline and Disability Commission’s investigation into her colleague’s conduct,” the report states.
AOC Director Marty Sullivan asked Baker on Jan. 13 to stay away from the agency’s offices and not to communicate with his staff, pending the conclusion of a judicial disciplinary review against her. Baker responded by filing the administrative civil appeal.
“It was unusual in the sense that Chief Justice Baker simultaneously filed the matter yet asked this court to dismiss it,” the per curiam order states.
Baker and Sullivan agreed that the court did not have jurisdiction over the matter. The participating justices agreed and granted both parties’ request to dismiss the case.
The dismissal does not have any effect on any Judicial Discipline and Disability Commission investigations or findings regarding Baker, the justices wrote.
“Chief Justice Baker argues that the proper remedy is for the JDDC to resolve the harassment and other complaints,” the order states. “JDDC should promptly resolve the complaints. There are employees who have not received a resolution of their serious charges and a Chief Justice who has been limited in her ability to interact with many senior staff. It has been a year, and the delay simply cannot continue.”
The human resources document corroborates reports that Baker entered Sullivan’s office on Dec. 4 when he was not present. She “was observed looking throughout Mr. Sullivan’s office, including the area behind his desk” and later returned with two other people: Associate Justice Courtney Hudson and Baker’s former law clerk, Department of Commerce Chief of Staff Allison Hatfield. Arkansas Business reported on the trio’s apparently unauthorized visit to Sullivan’s office on Dec. 11, 2024.
Baker’s visit to AOC’s Court Information Systems Division left employees feeling harassed, according to the report. The following day, she tried to order one of the employees to allow her into Sullivan’s locked office.
In January, within days of being sworn in as chief justice, Baker attempted to fire 10 court employees, including Sullivan and two Court Information Systems Division administrators. Baker also attempted to appoint three new judges to the judicial disciplinary panel.
With the exception of Hudson, Baker’s colleagues blocked the firings and appointments, saying they were outside the scope of her authority and calling the firings “retaliatory.”
Judicial conduct had been at the forefront of the Supreme Court since September 2024, when five justices referred Hudson to the JDDC for “flagrant breaches of confidentiality” after she filed former Chief Justice John Dan Kemp’s emails into evidence in her attempt to block the release of emails between her, Hatfield and others in response to a FOIA request from Arkansas Business. Baker was the only justice to oppose the referral.
Baker, Hudson and Associate Justice Cody Hiland recused themselves from the administrative civil appeal earlier this year and did not participate in Thursday’s per curiam order. Special Justices Cory Cox, Kevin Crass and Bilenda Harris-Ritter were appointed to replace the recused justices, and all joined in Thursday’s per curiam order.
Also on Thursday, Associate Justice Rhonda Wood denied a motion from Baker’s previous attorney, Tom Mars, to recuse herself from the case. Mars filed the motion in March, stating that Wood’s praise of Sullivan in a January public meeting and her loss to Baker in the 2024 chief justice runoff election gave her a conflict of interest in the matter.
Mars withdrew from the case in June, and Jeff Rosenzweig replaced him as Baker’s attorney. Members of Attorney General Tim Griffin’s staff have represented Sullivan.
Sullivan declined to comment Thursday on the dismissal. Baker could not be reached for comment.
