Thursday, February 3, 2011

Does Character Matter for an Arkansas Supreme Court Justice?

            Arkansas Supreme Court Associate Justice Courtney Henry has reported, as required by law, that she received $99,539.00 worth of “gifts” from her “boyfriend”, allegedly all between June and December 2010. That’s an average of $14,000.00 per month. One wonders just what, if anything, the “boyfriend” was receiving in return for his generosity.
            Justice Henry was elected to her current position in May 2010. Her then husband filed for divorce in June 2010 per the local paper. From June through December 2010 Justice Henry reports that she went on nine trips to unlisted destinations, valued by her statement at $46,853, with her “boyfriend”. She also listed that all of the other “gifts” totaling almost $53,000.00 were given to her no earlier than June 2010 by this same “boyfriend”. To ensure her judicial behavior to be at the highest ethical standard, she has announced that she will “recuse” herself from all cases involving her “boyfriend” or his legal firm. WOW! What exemplary character we have in our Supreme Court.
We don’t have any facts as to what “suddenly” broke up her marriage in June, but it is obvious that she wasted no time in finding a “boyfriend” and going on nine fully paid for trips to undisclosed destinations valued at $46,853.00. Now if an attractive blonde woman in the “entertainment industry” took 9 trips at an average cost of $5,000.00 each over a seven month period with a brand new “boyfriend”, we would probably not refer to her as “Your Honor”. Oh, you’re correct, that’s a title, not a character descriptor. One wonders how she was able to find time to perform her job as a Justice on the State Court of Appeals with so much traveling. Not to be suspicious or anything, but how many trips did Elliot Spitzer take to Washington while he was Governor of NY? But if memory serves each of those trips cost him $10,000.00. Justice Henry’s “boyfriend” is operating on the cheap.
Now if you assume that there was no “involvement” with her “boyfriend” prior to her divorce, which according to her was final “months ago”, then it has certainly been a whirlwind romance. If you think that the nine trips were just platonic and post divorce, then under old-fashioned value standards Justice Henry, as a single woman, was only guilty of poor judgment, sullying her own character, and of being a terrible role model for a person in her position. If you think the trips entailed more than “platonic” relations, then, well more personal relations were involved. If this were true, then Justice Henry is guilty of not only poor judgment, and of sullying her own character by lewd, lustful, and lascivious conduct, but is probably guilty of conduct unbecoming to a Supreme Court Justice; under old fashion standards of conduct of course. In either case, Poor Judgment is not the best credential or qualification for a Supreme Court Justice.
            Oh, her “boyfriend” not only donated $2,000.00 to her campaign in March 2010, he also “loaned” her at least $5,000.00. Apparently the total amount of the loan isn’t required to be disclosed, just that the loan exceeded $5,000.00. Seems sort of “chinchy” the “boyfriend” wouldn’t just give her the funds outright. After all, what’s another $5,000.00 or so when you’re already into the game for almost a $100,000.00. Oh, wait, he’s already in the game for over a $100,000.00 if you add it all up. Per the local paper Justice Henry’s response to this whole mess is “she declined to give details about why she listed (boyfriend) as a creditor. She said she would only disclose what was legally required. She said she wouldn’t disclose where she went on the trips funded by (boyfriend)”.
            Her “boyfriend”, also a lawyer if you can believe that, purchased a house in the Capitol City in September 2010. However being an astute lawyer and all, he closed on the property in a county other than Pulaski County where the house is located. (Might have been due to the fact that the seller was listed as “of Texarkana”). The result of that is the property shows up on the Pulaski County Assessor’s website as having been sold for “zero”, despite its appraised value of $723,000.00. Does that mean that the “boyfriend” does not have to pay any Real Estate Taxes on the house since it has a sale price of “zero”? If true, you have to salute his creativity. The “boyfriend” lives in Texarkana, over a 100 miles distance from this house. Justice Henry works in the Capitol City. What is the plan for this house: an investment, a weekend get-a-way, a love nest? Or perhaps just none of our business is the politically correct answer.
            Were I trying a case before the Arkansas Supreme Court and the opposing Attorney or client had any relationship or acquaintance with the “boyfriend”, his law firm, his partner(s), their relatives, acquaintances, other law firms or businesses that had ever been involved with the “boyfriend”, etc. WOW! “What a tangled web we weave when at first we”, … well get intertwined and tangled up.
            For the sake of the reputation of the Arkansas Supreme Court and her good legal standing, too bad that Justice Henry didn’t “recuse” herself from even running for the position, but all that was before her divorce and all those gifts. So what to do now? I for one would have a great deal more confidence, respect, and assurance of valid legal treatment in front of the Arkansas Supreme Court if Justice Henry would just resign from the Supreme Court. After all, we will never know what, if any, conflicting relationships may exist in the cases that come before her.
            Yes, Character is important and does matter!

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