Arkansas governor to appoint temporary Supreme Court justice to fill in for Webb

Arkansas Gov. Sarah Huckabee Sanders will appoint a temporary special justice to fill in for Barbara Webb, who has been recovering from a fall at her home, the governor’s office said Monday. 

In a letter dated Monday, Chief Justice Baker requested that the Republican governor appoint a temporary special justice “until such time that Justice Webb notifies the Supreme Court that she is ready and able to resume her duties.”

“Governor Sanders is grateful for Justice Webb’s years of service and is praying for her swift recovery and return to the bench,” Sanders’ spokesperson Sam Dubke said in an email. “In the interim, the Governor will appoint a temporary special justice who displays Justice Webb’s same judicial temperament and dedication to the letter of the law.”

Webb’s absence from the court became public in May when Baker sent a letter to Sanders notifying her that Webb was “temporarily unable to serve” while the court heard two constitutional challenges, two criminal appeals and a civil appeal. Webb’s husband, Doyle, last month said she was recovering from a head injury sustained during a fall.

Sanders appointed Cory Cox as a special justice to replace Webb for the two constitutional challenges, in which lower courts ruled that Sanders violated the state constitution in her scheduling of special elections to fill two vacant legislative seats. The high court dismissed the cases as moot because the special elections had already occurred.

Instead of appointing a special justice separately for each case, Baker asked Sanders to appoint someone whose service would expire when Webb returns. 

Arkansas’ constitution gives Sanders 30 days from Baker’s letter to appoint a special justice, unless that timeframe is extended by Baker. If Sanders fails to appoint someone within 30 days or the extended period granted by the chief justice, Lt. Gov. Leslie Rutledge would commission a special justice, according to the letter. 

Arkansas’ high court is technically nonpartisan, but Republican-linked justices hold a 5-2 majority that includes Webb.

Doyle Webb said Monday afternoon that his wife has been receiving care in Texas, but they’ll return to Arkansas for her to undergo a medical procedure later this week.

“Barbara’s doing very well, he said. “We’re very pleased with the progress that she’s made and we do anticipate that she will return to service in the court before the fall term is over.”

Doyle Webb is a former state senator and Arkansas Public Service Commission chairman. He also served as chairman of the Republican Party of Arkansas.