An attorney representing Jefferson County Sheriff Lafayette Woods Jr. has filed a motion for sanctions and a motion for summary judgment against Mark Cannon, who is running for Woods’ position in the March 3 primary.
Kimberly Dale of Paragould law firm Branch, Thompson, Warmath, Dale & Butler, also known as Branch Thompson, filed the motions Wednesday afternoon, less than two weeks before Election Day. A hearing on Cannon’s petition for writ of mandamus is set for 10:30 a.m. March 6 before Special Judge Randy Wright in Second Division of the 11th West Circuit Court.
Cannon is petitioning for a writ of mandamus and for declaratory and injunctive relief. He states in the complaint Woods is ineligible to file for, run for, or serve as sheriff “because, based upon information and belief, Woods previously pleaded guilty to misdemeanor theft — a crime that constitutes an ‘infamous crime,'” under Article 5, Section 9 of the Arkansas Constitution.
“Theft is a public trust crime because Article 5, (Section) 9 defines ‘infamous crime’ to include misdemeanor offenses requiring deceit or dishonesty,” the complaint reads. “Petitioner seeks a writ of mandamus compelling election officials to exclude Woods from the ballot or, alternatively, to prohibit the counting or certification of any votes cast for him, as required by Arkansas election law and the Arkansas Constitution.”
The petition has been amended twice, most recently Jan. 20. It also states: “Upon information and belief, Woods’ misdemeanor-theft was subsequently sealed under the Comprehensive Criminal Record Sealing Act, Ark. Code Ann. (Section) 16-90-1401, et seq.
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“Under Arkansas law, sealing of a public-trust or infamous crime does not restore eligibility to run for or hold public office. Ark. Code. Ann. (Section) 21-8-305(b)(1) explicitly states that sealing ‘shall not restore a privilege, eligibility, or qualification to file as a candidate for, run as a candidate for, or hold an elected office.’
“Additionally, Article 5, (Section) 9 disqualification turns on the fact of conviction, not the availability or public visibility of the record. Sealing has no legal effect on constitutional ineligibility.”
Cannon is requesting an order for the appropriate custodian of records to produce the sealed conviction documents to the court for an in camera — Latin for “in private” — review and to release “sufficient portions” as deemed appropriate by the court.
Cannon’s attorney, Casey Castleberry of North Little Rock, filed a response to seven requests for admission Feb. 13, which Dale argues is past the deadline for such filing by five days. Castleberry objected to each of the requested admissions — that no proof exists to substantiate claims against Woods; that Cannon committed an unspecified offense in Pulaski County that would make him ineligible for running for office; that Cannon does not possess any document providing proof of an infamous crime; that Cannon has no witness who can provide proof; that Castleberry prepared the petition “that is subject of this matter”; that no research or inquiry into the law that sets requirements for a writ of mandamus or declaratory judgment action was done; and that Cannon is aware he may be responsible for legal costs and fees of other parties.
In a cover letter sent to Cannon on Jan. 5, Dale writes: “If you choose to pursue with the lawsuit, please note that we will not only be seeking fees and costs, but further sanctions to deter your course of conduct in the Circuit Courts, which may include further counter claims for your conduct.”
Asked to clarify the motion for sanctions, Dale said: “My sole purpose is to stop the abuse of the legal process by Mr. Cannon as he has shown from his string of litigation in the past twelve months.”
Woods sued Cannon in January 2024 in Circuit Court, accusing him of slanderous attacks on social media video. Last May Wright was assigned as a special judge in this case, a hearing date for which has not been set.
