Clarence D. Kelly v. Mississippi County Circuit Court; Honorable David Burnett, Circuit Judge; Honorable Ralph Wilson, Circuit Judge; Honorable Barbara Halsey, Circuit Judge; Honorable Cindy Thyer, Circuit Judge
Annotate this Case
Download PDF
SUPREME COURT OF ARKANSAS
No. CR08-1132
Opinion Delivered October 2, 2008
CLARENCE D. KELLY,
PETITIONER,
VS.
MISSISSIPPI COUNTY CIRCUIT
COURT; HONORABLE DAVID
BURNETT, CIRCUIT JUDGE;
HONORABLE RALPH WILSON,
CIRCUIT JUDGE; HONORABLE
BARBARA HALSEY, CIRCUIT
JUDGE; HONORABLE CINDY
THYER, CIRCUIT JUDGE,
RESPONDENTS,
PETITION FOR EMERGENCY
TEMPORARY STAY OF
PROCEEDINGS; WRIT OF
CERTIORARI; WRIT OF
PROHIBITION, OR IN THE
ALTERNATIVE, WRIT OF
MANDAMUS.
PETITION FOR EMERGENCY
TEMPORARY STAY DENIED; WRIT
OF CERTIORARI DENIED; WRIT
OF MANDAMUS DENIED.
PER CURIAM
1.
COURTS —
RECUSAL OF JUDGES
—
RESPONDENT JUDGES WHO RECUSED WERE WITHOUT
AUTHORITY TO RECONSIDER THEIR RECUSALS, ALTHOUGH A JUDGE WHO RECUSED COULD
PERFORM THE MINISTERIAL ACT OF ASSIGNING ANOTHER JUDGE TO THE CASE AFTER HIS
Under Bolden v. State, “the disqualification of a judge generally deprives him
of the authority to perform any judicial act or to perform any act calling for an exercise of
judicial discretion in connection with the pending cause, except to select another judge or to
make a transfer of the case in accordance with the law”; accordingly, the respondent judges
who recused were without authority to reconsider, as recusal ended their jurisdiction; after
his own recusal, one of the respondent judges could perform, in his role as the administrative
judge, the ministerial act of assigning another judge to the case.
RECUSAL. —
2.
COURTS — ADMINISTRATIVE ORDER NO . 14 — THERE
WAS NO APPARENT REASON WHY
JUDGE TO WHOM CASE WAS ASSIGNED SHOULD NOT PROCEED TO TRIAL.
— Under
Administrative Order No. 14(2)(c)(2), “a circuit judge to whom a case is assigned shall
accept that case unless he or she is disqualified or the interests of justice require that the case
not be heard by that judge”; petitioner does not argue that the judge to whom his case was
assigned is wholly without jurisdiction; and rightfully so, as the judge clearly does have
jurisdiction; therefore, as all of the judges who ordinarily preside over criminal cases have
recused, there is no apparent reason why the judge to whom the case was assigned should not
proceed to trial.
Petition for emergency temporary stay, denied; petition for writ of certiorari, denied; petition
for writ of mandamus, denied.
Ford, Glover & Roberts, by: Danny W. Glover; and Daggett, Donovan & Perry, PLLC, by:
Joe Perry, for petitioner.
Dustin McDaniel, Att’y Gen., by: Brad Newman, Ass’t Att’y Gen., for respondents.
Petitioner Clarence D. Kelly petitions this court to stay proceedings in Mississippi
County Circuit Court; to issue a writ of certiorari quashing the recusal orders of Judge Ralph
Wilson, Judge Barbara Halsey, and Judge Cindy Thyer; to issue writs of mandamus directing
Judges Halsey and Thyer to reconsider their recusals; and to issue a writ of certiorari, or in the
alternative, a writ of prohibition preventing Judge David Burnett from conducting the trial
scheduled October 13, 2008.
Petitioner asserts that it is a violation of the court’s
administrative plan for Judge Burnett to preside over this case.
Kelly is charged with capital murder in the Blytheville Division of Mississippi County Circuit
Court, where Judges Wilson, Halsey, and Thyer ordinarily hear criminal cases. First, Judge
Ralph Wilson recused on August 5, 2009. Thereafter, Judges Halsey and Thyer recused on
August 13, 2008. Judge Wilson, the administrative judge, then appointed Judge Burnett to
Kelly’s case.
In a case cited by Petitioner, we have said that “the disqualification of a judge generally
deprives him of the authority to perform any judicial act or to perform any act calling for an
-2-
exercise of judicial discretion in connection with the pending cause, except to select another
judge or to make a transfer of the case in accordance with the law.” Bolden v. State, 262 Ark.
718, 561 S.W.2d 281 (1978). Administrative Order 14(2)(c)(2) provides that “cases may be
reassigned by the administrative judge as necessity requires.”
Under Bolden, neither Judge Halsey nor Judge Thyer may reconsider, as a recusal ends their
jurisdiction. However, after his own recusal, Judge Wilson may perform, in his role as an
administrative judge, the ministerial act of assigning another judge to the case.
Under Administrative Order 14(2)(c)(2), “a circuit judge to whom a case is assigned
shall accept that case unless he or she is disqualified or the interests of justice require that the
case not be heard by that judge.” Kelly argues that the administrative plan has been violated,
but points only to a proposed solution of requiring a judge who has recused to, in effect, set
aside an order of recusal, which is in direct conflict with Administrative Order 14.
Petitioner does not argue that Judge Burnett is wholly without jurisdiction; and rightfully so,
as Judge Burnett clearly does have jurisdiction. Therefore, as all of the judges who ordinarily
preside over criminal cases have recused, there is no apparent reason why Judge Burnett
should not proceed to trial.
Motion for stay denied.
Motion for writ of mandamus denied.
Motion for writ of certiorari denied.
-3-
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
