Arkansas Supreme Court Reverses Murder Conviction Where Juror Signed Petition to Reelect the Prosecutor

Arkansas Supreme Court Reverses Murder Conviction Where Juror Signed Petition to Reelect the Prosecutor

In Stanton v. State, the defendant was prosecuted by Stephanie Barrett while she was seeking signatures supporting her placement on the ballot for a position on the Arkansas Court of Appeals.  Campaign materials with Barrett’s photograph and qualifications were on the bailiff’s security station throughout the first day and a half of trial.

NCSC’s Center for Judicial Ethics reports defense counsel raised the issue the following morning; the deputy prosecutor claimed that a sitting circuit court judge suggested that Barrett solicit signatures from jury pools entering the courthouse and personally engaged in that practice.  Barrett was instructed to hand over the signed petition sheets.  She obtained the sheets at lunch, discovered that a seated juror had signed the petition, yet said nothing until after the evening recess.  Of the nine signatures collected, four belonged to prospective jurors, including one juror who was ultimately selected.

The trial judge denied the defendant’s motion for a mistrial and a subsequent motion for a new trial.  On appeal, the court held that a mistrial should have been granted.  Noting that “the prospective jurors entered the courthouse on the first day of Stanton’s trial under the court’s command,” the court explained that they “became a captive audience bombarded with election petitions from Barrett and at least two other sitting circuit judges.  This is an abuse and exploitation of the judicial system and the fundamental civic responsibility of jury service.”  The court also concluded that “this abuse was furthered by the presence of Barrett’s campaign materials on the bailiff’s security table,” creating “an apparent endorsement by the circuit court” because the bailiff is a member of the court’s security staff and subject to the court’s control.  The court also stated it did not need to find whether the error was harmless because the defendant “had valid reason to believe that his case was being tried before a jury who had been conditioned to give credibility to the prosecutor’s argument” and “in the eyes of the public, the impartiality of justice was shattered.”  It was “troubled by the impact such conduct could have on other individuals entering the courthouse for a trial or hearing.  When solicited for signatures by or on behalf of the prosecutor or presiding judge during or immediately before trial, a defendant, their family, or other parties before the court may reasonably question whether their willingness or refusal to sign the petition could impact the outcome of their case.  This may cause irretrievable damage to the public’s perception of justice and cannot be allowed.”  The court concluded:  “Disturbingly, solicitation of signatures from prospective jurors for political purposes is apparently a common practice for some sitting judges.  Our concerns with Barrett’s conduct apply with equal force to the same conduct taken by sitting judges.”

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