On Tuesday, May 12, 2026, the Arkansas Times reported that Associate Justice Barbara Webb of the Arkansas Supreme Court recused herself from five cases pending before the court, raising concerns due to the nature of the cases involved. No specific reason was provided other than she was “temporarily unable” to participate. Justices are not typically required to explain their recusals.
The five cases include a tax assessment dispute between Tyson Inc. and the state Department of Finance & Administration, two appeals in criminal cases involving life sentences for murder, and two cases in which Governor Sarah Huckabee Sanders is appealing losses in court over her attempts to delay special elections to fill legislative vacancies until after the 2026 fiscal session ended. The election cases were scheduled for a hearing on May 21, but were cancelled and will be rescheduled following Webb’s recusal.
The cases stem from the death of State Senator Gary Stubblefield in September 2026, which left the District 26 seat vacant, and the resignation of State Representative Carlton Wing. Governor Sanders set the special election for November 3, 2026, leading to bipartisan criticism over the 427-day delay in filling the seat.
Colt Shelby, a farmer, and the Democratic Party of Arkansas sued Sanders over the delay. Pulaski County Circuit Judges Patricia James and Shawn Johnson ruled against Sanders, leading her to appeal to the Arkansas Supreme Court.
Chief Justice Karen Baker sent a letter to Governor Sanders on May 7, informing her of Webb’s inability to serve as a justice in the five cases and requesting the appointment of a special justice to replace Webb. Sanders appointed attorney Cory Cox, former chief of staff to then-Attorney General Leslie Rutledge, to replace Webb. Cox had previously been appointed by Sanders to replace Associate Justice Cody Hiland in a lawsuit challenging the Arkansas LEARNS Act.
Jennifer Waymack Standefer, representing Shelby, disclosed that Cox has a conflict of interest due to his friendship with Amber Stubblefield Sullivan, Gary Stubblefield’s daughter, who was a witness in the lower court.
Attorneys for the appellees in the House District 70 appeal filed a motion calling for Cox to recuse, arguing that appointing a judge to hear a case violates due process. Standefer also filed a motion to dismiss the appeal as moot, arguing that the special elections had taken place, and the winners had been seated in the Legislature.
The Arkansas Times notes that while state law allows the governor to appoint a special justice, it does not require her to do so. The article concludes that the cleanest resolution would be to dismiss the appeals as moot.
Source: Arkansas Times
