In a decisive ruling filed Wednesday, a special judge in 11th West Circuit Court has dismissed a petition filed by Mark Cannon seeking to remove Jefferson County Sheriff Lafayette Woods, Jr. from office.
Special Circuit Judge Randy Wright threw out the case with prejudice, citing a complete lack of evidence to support Cannon’s claims that Woods had been convicted of an “infamous crime” that would disqualify him from holding public office under the Arkansas Constitution. The ruling follows a recent court hearing where Cannon, the plaintiff, declined to present any witnesses or evidence to substantiate his allegations of a criminal conviction. The hearing was scheduled to resume Friday had Wright not handed down a decision before then.
The case, which revolves around Article 9, Section 5 of the Arkansas Constitution regarding eligibility for office, prompted Wright to order an “in camera,” or in private, review of court records. He directed the circuit clerk and the clerks of both divisions of the Jefferson County District Courts to provide any sealed or unsealed records related to Woods.
According to the ruling, all three courts confirmed in letters dated March 6 and March 9 that no such applicable records were found.
Wright concluded that Cannon “has failed to present competent evidence of any criminal conviction or guilty plea that would disqualify Woods from holding office,” the ruling stated. With the dismissal of the petition, Woods remains eligible to continue serving as sheriff and run for reelection.
Independent reporting for Pine Bluff & Jefferson County since 1879.
The petition, filed in December and amended twice, was based on allegations that Woods was detained and cited for the theft of a rifle scope from Walmart in 1996 or 1997, when he was 16 or 17 years old. Cannon’s attorney, Casey Castleberry of North Little Rock, stated the central question was whether the sheriff was ever convicted of a crime that disqualifies him from office.
During the recent hearing, Woods’ defense attorneys, Kimberly Dale of Paragould and Tim Cullen of Little Rock, strongly denied the claims. Cullen argued that no facts existed to support the claim of an “infamous crime,” calling the petition an “important fishing expedition.” He maintained that the burden of proof was on the plaintiff.
While no conviction on record exists for Woods, Cullen stated the sheriff “enjoyed all the protections” of having his record sealed, though Dale denied this was an admission of a crime.
Woods did not appear in court, with his defense arguing there was no jurisdiction due to an insufficiency of the service process. The defense also motioned for dismissal on the grounds of the rules of civil procedure and a missed deadline, but Wright deferred rulings on those motions while denying a motion arguing the case was moot based on Woods’ recent primary election victory.
Woods earned 4,882 votes to Cannon’s 2,547 in the March 3 Democratic primary. Woods will face independent Chris Lowery in the Nov. 3 general election.
Despite the loss, Cannon issued a statement following the hearing: “The people of Jefferson County deserve an answer, and I look forward to the court getting the people of Jefferson County an answer to the question that their sheriff keeps avoiding.” Attempts to reach Cannon and Castleberry for comment following the ruling have been unsuccessful.
Woods released a statement Wednesday, characterizing the ruling as a victory for justice and a confirmation of his legal team’s confidence.
Woods said that the judicial system was the appropriate venue to handle the matter, criticizing what he called “efforts by some to try this matter in the court of public opinion for political reasons during an election season.”
“Elections should be decided by voters, not by politically motivated courtroom tactics,” Woods stated.
According to Woods, the court’s dismissal supports his long-held belief that “the lawsuit lacked legal merit and failed to provide any proof of the allegations and disqualifications.”
Despite the attention the lawsuit required, Woods maintained that it never diverted him from his official duties.
“My focus remains exactly where it should be,” he concluded, “supporting the men and women of the Jefferson County Sheriff’s Office, protecting our communities, and continuing the progress we have made together in public safety.”