Gulley v. State ex rel. Jegley (Majority, with Dissenting)
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The Supreme Court affirmed the interlocutory order of the circuit court granting a preliminary injunction enjoining Kristina Gulley from exercising any powers as a justice of the peace or participating in the Pulaski County Quorum Court or its committees as a justice of the peace, holding that there was no error.
Gulley was elected justice of the peace for District 10 in Pulaski County in 2020 and filed for reelection in 2022. Thereafter, voters filed a petition for writ of mandamus and declaratory judgment alleging that Gulley was ineligible to be a candidate for reelection because she had twice been convicted of hot-check charges. The circuit court granted the petition and ordered the board of election commissioners not to certify Gulley as a candidate. Appellees later brought this petition pursuant to Ark. Code Ann. 16-118-105 seeking Gulley's removal from office and the return of salary and benefits. The motion was converted to a motion for a preliminary injunction, which the circuit court granted. The Supreme Court affirmed, holding (1) res judicata did not bar Appellees' motion to remove Gulley from office; and (2) the circuit court did not clearly err in granting a preliminary injunction.
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