Opinion

State Board of Workforce Education v. King

  • 336 Ark. 409
  • 985 S.W.2d 731
  • 1999 Ark. LEXIS 99
Court
Supreme Court of Arkansas
Filed
Feb 18, 1999
Status
Published
Author
Corbin
On the bench
Brown, Corbin, Glaze, Robert, Thornton
Cited by
16 cases
Authority
More cited than 1.5%

striking down service of legislators on certain executive boards, and citing Starnes v.Sadler, 237 Ark. 325, 372 S.W.2d 585 (1963) for the proposition that the separation of powers doctrine is violated when legislators "are empowered to manage, control and supervise a considerable amount of state property, assets and funds . . ."

How later courts described this case

  • striking down service of legislators on certain executive boards, and citing Starnes v.Sadler, 237 Ark. 325, 372 S.W.2d 585 (1963) for the proposition that the separation of powers doctrine is violated when legislators "are empowered to manage, control and supervise a considerable amount of state property, assets and funds . . ."
  • striking down service of legislators on certain executive boards, and citing Starnes v. Sadler , 237 Ark. 325 , 372 S.W.2d 585 (1963
  • holding that a sitting legislator is ineligible to hold another "civil office" under Article 5, § 10 of the Arkansas Constitution

Written by the judges who cited it.

The opinion

Donald L. Corbin, Justice, dissenting. I would reverse because because I do not agree that Senator Wilson’s appointments to either the Board of Workforce Education, or the Capitol Arts and Grounds Commission, constitute civil-office violations of Ark. Const, art. 5, § 10. I also disagree that Senator Wilson’s service rises to the level of a violation of separation of powers pursuant to Ark. Const, art. 4.

Clearly, Senator Wilson did not acquire sovereign powers by virtue of his appointment. Lacking voting power, Senator Wilson was totally powerless to participate meaningfully or to interfere with the major activities of these boards. In sum, he had no authority to act for the State; hence, he assumed no sovereign powers, which define civil offices. Wood v. Miller, 154 Ark. 318 , 242 S.W. 573 (1992). Essentially, Senator Wilson was an observer and operated, at best, as a liaison between the legislative and executive branches. Had he had actual voting powers, I would agree with the majority that Senator Wilson should not serve as a “direct decision-maker with enormous influence[.]” While the majority makes much of Senator Wilson’s opportunity to express his opinion, it has conspicuously omitted any authority for bootstrapping the senator’s nonvoting status with our holding in Smith v. Faubus, 230 Ark. 831 , 327 S.W.2d 562 (1959). I would hold that such nonvoting status effectively cured Senator Wilson’s appointment. Moreover, as a liaison between governmental branches, Senator Wilson’s representation and observation was of benefit to the legislature and directly linked to his legislative responsibilities. Fulkerson v. Refunding Board of Arkansas, 201 Ark. 957 , 147 S.W.2d 980 (1941).

Because the facts in this case reveal no hint of intrusion, coercion, or usurpation of power between the respective governmental branches, I respectfully dissent.

Thornton, J., joins in this dissent.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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