The Arkansas Supreme Court on Thursday dismissed an appeal filed by Chief Justice Karen Baker that challenged the Administrative Office of the Courts’ human resource department’s finding of harassment against her.
“We dismiss the action so that it can be handled as an internal administrative matter of the Arkansas Supreme Court,” the Supreme Court said in an opinion with special justices Cory Cox, Kevin Crass and Bilenda Harris-Ritter joining the per curiam opinion. Baker and Justices Courtney Hudson and J. Cody Hiland didn’t participate in the opinion.
The case stemmed from last December when Chief Justice-elect Baker walked through several AOC areas and entered individual offices.
“Apparently, some AOC employees did not recognize Chief Justice Elect Baker and were not comfortable with the questions she asked, her comments, and the instructions she gave them to open a locked office,” the opinion said.
The episode prompted reports to Supreme Court Police and a vote by the Supreme Court to implement new rules restricting access to Justice Building offices for Supreme Court justices.
Several employees filed complaints with the human resource department alleging they were targeted and harassed based on gender, race and how they voted in the November 2024 election for chief justice.
One employee also was concerned about being asked whether the worker was cooperating with a separate Arkansas Judicial Discipline and Disability Commission (JDDC) investigation.
“The human-resource department completed an investigation and concluded in a written report that then Chief Justice Elect Baker harassed employees,” Thursday’s opinion said.
Baker alleges that the the director of the AOC, Marty Sullivan, sent her the report and told her that he was required to turn it over to the JDDC.
Baker also alleged Sullivan recommended that JDDC tell her to stop interacting with the involved employees.
“She was told that if she objected to the findings, she could file an appeal with the Arkansas Supreme Court within seven days,” the opinion said.
Baker filed a notice of appeal along with a motion to dismiss. “It was unusual in the sense that Chief Justice Baker simultaneously filed the matter yet asked this court to dismiss it,” the opinion said. “Among Chief Justice Baker’s many objections, she contests the harassment, the process, and the AOC’s authority over her. She also objects to this court’s jurisdiction.”
Sullivan agreed with Baker that the Supreme Court didn’t have jurisdiction to hear the appeal.
Baker later asked to withdraw her notice of appeal and motion to dismiss “—in other words, to withdraw her initial filing in the case,” the order said.
The state Supreme Court said that it agrees with the parties and it doesn’t have jurisdiction over Baker’s notice of appeal and dismissed it.
“If Chief Justice Baker sought to appeal the AOC human-resource department’s findings of harassment, she chose the wrong avenue,” the order said. “By filing this action, Chief Justice Baker chose a judicial proceeding, rather than the proper internal administrative review.”
The deadline for asking for a review of the internal administrative decision was Jan. 23.
The dismissal doesn’t impact any separate Arkansas Judicial Discipline and Disability Commission investigation, the opinion said.
Baker said that the JDDC should settle the harassment and other complaints.
The Supreme Court agreed. “There are employees who have not received a resolution of their serious charges and a Chief Justice who has been limited in her ability to interact with many senior staff,” the opinion said. “It has been a year, and the delay simply cannot continue. JDDC must make resolution of the complaints against Chief Justice Baker a priority to preserve confidence in the judiciary.”
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