Arkansas Supreme Chief Justice Karen Baker (right) sits with Associate Justices (from left) Shawn Womack, Rhonda Wood and Courtney Hudson as they wait for an address from the governor in the Arkansas House of Representatives on Tuesday, January 14, 2025. (Mary Hennigan/Arkansas Advocate)
Chief Justice Karen Baker must provide to the rest of the Arkansas Supreme Court a human resources report into her behavior in the Justice Building on Dec. 4-5, 2024, five of her six colleagues wrote in a Thursday per curiam order.
On Dec. 4, Baker entered Administrative Office of the Courts Director Marty Sullivan’s office in the Justice Building when he was not present, prompting a complaint to Supreme Court Police by court employees, according to Arkansas Business. She reportedly left Sullivan’s office “disheveled” and harassed AOC staff, both claims she has disputed.
After the human resources investigation into her actions concluded, Sullivan sent Baker a memo on Jan. 13, asking her to stay away from AOC offices and not to communicate with his staff, pending the conclusion of a judicial disciplinary review against her.
On Jan. 23, Rogers-based attorney Tom Mars filed an administrative civil appeal to the state Supreme Court on Baker’s behalf, asking that Sullivan’s “findings and recommendations” from the HR investigation be dismissed.
“Even reviewing the ‘evidence’ in the light most favorable to AOC, the evidence is insufficient to support a finding of ‘harassment,’ by any definition,” Mars wrote in Baker’s petition to the high court. “Neither AOC or this Court has the authority to prevent the Chief Justice from communicating with the Director of AOC or its employees or prohibiting the Chief Justice from entering AOC’s offices.”
Attorney General Tim Griffin’s office, representing Sullivan, filed a motion to dismiss the case Feb. 3.
Baker and Mars argued the chief justice’s visits to the Justice Building were for “completely legitimate reasons.” The Supreme Court, with the exception of Baker and Associate Justice Courtney Hudson, wrote Thursday that it was “impossible” to know this since Baker has not filed the HR report with the court.
The five justices ordered Baker to file the report with them by noon Tuesday, and Sullivan will be allowed to provide additional information to the court by noon on March 14.
Baker attempted on Jan. 3, her third day as the state’s first elected female chief justice, to fire Sullivan and nine other AOC staff. With the exception of Hudson, the remaining justices declared the attempt null and void and outside the scope of Baker’s authority.
A Jan. 6 order from the same five justices said Baker could not unilaterally appoint three new members to the Judicial Discipline and Disability Commission, which investigates complaints about the conduct of judges and the justices. The commission gave notice Thursday that it will hold a special meeting March 14.
On Jan. 8, Baker issued an administrative order declaring both per curiam orders invalid, citing Arkansas Constitutional Amendment 80, which states in Section 4: “The Supreme Court shall exercise general superintending control over all courts of the state… These functions shall be administered by the Chief Justice.”
She also cited a state statute that says the chief justice is “directly responsible for the efficient operation of the judicial branch and of its constituent courts and for the expeditious dispatch of litigation therein and the proper conduct of the business of the courts.”
Baker reiterated her stance on the matter twice in January: once during a rare public Supreme Court business meeting Jan. 23 and again before the House Judiciary Committee a week later. She told the committee that the dispute over her authority could lead to litigation.