On Monday, June 2, 2025, the Arkansas Times reported that Sebastian County Circuit Judge Gunner DeLay posted a fundraising appeal on Facebook for a victim in a case he was about to hear, raising concerns about violations of judicial ethics rules.
The post, made minutes before a scheduled hearing, involved a case where DeLay sentenced John Anthony Cole to 200 years in prison on charges including first-degree murder, possession of firearms by a felon, and two counts of attempted capital murder.
On Friday, DeLay accepted guilty pleas from Cole, who represented himself, for a 2021 shooting in Fort Smith and for stabbing two Sebastian County jailers while awaiting trial. The sentences, which included 200 years for murder, four years for the firearms charge, and 100 years for each attempted murder, were ordered to run concurrently, resulting in a total of 200 years incarceration. The hearing was scheduled for 11:30 a.m., with court records indicating it began at 11:20 a.m.
At 11:12 a.m., eight minutes before the hearing’s recorded start, DeLay posted on Facebook, requesting donations for Jacob Mar, one of the jailers stabbed by Cole. The post included a photo of Mar taken in DeLay’s chambers. At the time, Cole was still legally presumed innocent, as his guilty plea had not yet been accepted in court.
The Arkansas Code of Judicial Conduct outlines several rules that DeLay’s actions may have violated. Rule 1.2 requires judges to act in ways that promote public confidence in judicial independence, integrity, and impartiality, avoiding both impropriety and its appearance. Rule 1.3 prohibits using the prestige of judicial office to advance personal or economic interests of the judge or others.
Rule 2.9 bars judges from engaging in communications about a case outside the presence of parties and their attorneys, requiring prompt notification if such communication occurs. Rule 2.11 mandates disqualification if a judge’s impartiality could reasonably be questioned, including cases of personal bias or public statements suggesting a predetermined outcome.
Rule 3.1 restricts extrajudicial activities that could undermine a judge’s impartiality, prohibiting the use of court premises for such activities. Rule 3.7 limits judges to soliciting charitable contributions only from family or judges not under their administrative control.
When contacted by the Arkansas Times, DeLay responded via email, quoting Rule 1.3 and stating it applies to judges benefiting themselves, which he claimed did not occur. He noted that judges across Arkansas often post about charitable causes, but did not address whether those actions involved victims in pending cases. In a follow-up email, DeLay mentioned attending a police memorial service and a National Day of Prayer event, both of which he posted about online, asserting these did not indicate bias in handling cases.
The Arkansas Judicial Discipline and Disability Commission can investigate potential violations without a formal complaint, unlike the Arkansas Ethics Commission. If a violation is found, sanctions could range from a warning letter to a recommendation for removal from the bench, though investigation details remain confidential unless a formal sanction is issued.
This is not DeLay’s first encounter with ethical concerns. In 2022, while running for the Arkansas Supreme Court against Associate Justice Karen Baker, DeLay bragged about endorsements from figures like Mike Huckabee and Arkansas Right to Life, actions that appeared to violate judicial campaign rules.
Source: Arkansas Times
