Brimhall’s Upcoming Term as Judge Could End Before It Begins

JONESBORO, Ark. – The arrest of Circuit Judge-elect Doug Brimhall on Tuesday, May 21, and the circumstances surrounding it could mean the end of his term as judge before it even begins.

Brimhall was arrested for aggravated assault on a family or household member, a felony charge, on May 21. Details surrounding the allegations against Brimhall, for which he is innocent until proven guilty, can be found here. In the wake of the alleged criminal charges, several reached out to NEA Report inquiring about his eligibility for office and what options the community could take.

Two methods for removal of a judge from office exist in Arkansas, according to Robert Steinbuch, professor at the William H. Bowen School of Law at the University of Arkansas, Little Rock.

The first and most common is the Judicial Discipline and Disability Commission (JDDC), the entity responsible for investigating complaints concerning misconduct of all judges and justices – including judges-elect. The commission investigates complaints and, depending on the violation, they may recommend disciplinary action be taken by the Arkansas Supreme Court.

Emily Abbott is the executive director of JDDC. She told a reporter this week when the commission receives a complaint, it first goes through the normal jurisdictional review to make sure it fits within their purview.

“If I believe it fits our jurisdiction, it is assigned to an investigation panel and then the investigation panel directs the process from the investigation,” Abbott said. “The determinations they make are confidential. If it ever gets to the point that a formal statement would be filed, the charges would be public and we even issue a press release.”

Abbott confirmed the JDDC is aware of the Brimhall incident. 

The second method for removal would potentially be for the Arkansas legislature to bring articles of impeachment against the judge. Although the Arkansas Constitution explicitly allows for it, it rarely happens. 

Arkansas has a limited impeachment history, according to the legislative website, with the majority of impeachments in the state happening between 1832 and 1874. Arkansas Chief Justice John McClure was impeached in 1873 (the senate refused to convict and awarded him $2,000 for the trouble caused).

A reader submitted a question to NEA Report asking if a recall election could be organized. However, the recall of a judge is not explicitly provided for in the state constitution or state law for judges and Steinbuch confirmed Arkansas judges are not subject to recall efforts.

Grounds for Judicial Discipline and Removal

The grounds for discipline and removal of a judge are covered in AR Code § 16-10-410 (2020).  According to the law, a judge may be removed from office on any of the following grounds.

1. Conviction of any offense punishable as a felony under the laws of Arkansas or the United States;
2. Conviction of a criminal act that reflects adversely on the judge’s honesty, trustworthiness, or fitness as a judge in other respects;
3. The commission of conduct involving dishonesty, fraud, deceit, or misrepresentation;
4. The commission of conduct that is prejudicial to the administration of justice;
5. Willful violation of the Arkansas Code of Judicial Conduct or the Model Rules of Professional Conduct;
6. Willful and persistent failure to perform the duties of office; or
7. Habitual intemperance in the use of alcohol or other drugs.

If Brimhall is convicted, obviously, he would be eligible for removal from office according to item number one. However, at least two more items may already address the situation. Number five addresses violation of the Arkansas Judicial Code of Conduct or the Model Rules of Professional Conduct. Number seven addresses the habitual intemperance in the use of alcohol (or other drugs).

The probable cause affidavit associated with the May 3 incident alleges that a “drunk, drunk” Brimhall returned home from the country club, got into bed with his daughter, started a fight with her, broke his wife’s windshield, and choked his daughter.

Brimhall’s criminal liability will be determined through the trial process but a different standard exists for the behavior of judges. The Arkansas Judicial Code of Conduct requires a judge to act “at all times in a manner that promotes public confidence in the independence, integrity, and impartiality of the judiciary.

“A judge should expect to be the subject of public scrutiny that might be viewed as burdensome if applied to other citizens, and must accept the restrictions imposed by the code.”

The Code says the test for the appearance of impropriety is whether the conduct would create, in reasonable minds, a perception that the judge violated this code or engaged in other conduct, “that reflects adversely on the judge’s honesty, impartiality, temperament, or fitness to serve as judge.”

If Brimhall’s law license is affected by a conviction, and he’s not a lawyer in good standing, he would not be able to serve as a judge either, one legal source added. 

On May 7, Brimhall resigned from his position as deputy prosecuting attorney, Prosecutor Sonia F. Hagood confirmed. However, as he has yet to take office as a circuit judge, there have been no updates regarding his upcoming term.

Since the onset, Mr. Brimhall and his family have fully cooperated with the authorities in this investigation. It is important to point out that the probable cause affidavit is the police’s version of the events. At this stage, the probable cause affidavit cannot be procedurally challenged even if we believe it to contain inaccuracies. Suffice it to say that Mr. Brimhall would never harm his own children, or anyone for that matter. We look forward to a swift and impartial resolution of this matter once the truth is revealed. – Bill Stanley, Attorney for Doug Brimhall

Brimhall won a special election in March against Curtis Walker to fill the vacancy created by Cindy Thyer, who was elected to the Court of Appeals. The judge seat was previously filled by Keith Chrestman, who was appointed by Governor Asa Hutchinson. 

If Brimhall becomes judge, he will face reelection in 2026.