Bobby McCallister
Update: Saline County Circuit Judge Bobby McCallister was charged in Saline County Circuit Court Tuesday afternoon with four felony counts in connection with failing to pay state taxes.
The charges come hours after the Arkansas Judicial Discipline & Disability Commission filed disciplinary charges against McCallister, 51, over issues surrounding his alleged failure to file taxes that date back to 1995.
Saline County Special Prosecuting Attorney David Gibbons filed the felony charges alleging McCallister failed to pay or file state taxes for the years 2012-14 and 2016. If convicted, McCallister faces up to six years in prison and a fine of up to $10,000 on each count.
An arrest warrant was issued Tuesday against McCallister, who began serving as an elected Saline County Circuit Court judge in 2009 and was earning $160,000 annually.
Arkansas Judicial Discipline & Disability Commission Executive Director David J. Sachar said in a text message to Arkansas Business that he “will present a petition for interim suspension to the JDDC. Upon approval, we will file it with the [Arkansas State] Supreme Court for their consideration.”
Original article:
The Arkansas Judicial Discipline & Disability Commission filed disciplinary charges Tuesday against Saline County Circuit Judge Bobby McCallister over issues surrounding his alleged failure to file taxes that date back to 1995.
McCallister has not been charged with a crime.
“Failure to pay taxes, including the very taxes that support Judge McCallister’s $160,000 salary is an insult to the integrity of the judiciary and brings the judiciary as a whole into disrepute,” according to JDDC’s complaint, filed by Executive Director David J. Sachar.
McCallister allegedly testified in a deposition for his divorce proceeding that he didn’t pay his taxes in 1995 because he didn’t have the money, according to JDDC’s complaint.
“He chose not to pay because he ‘basically panicked,'” the complaint said. “This could be considered an admission to tax evasion or other felony violations.”
The JDDC said that the records and testimony appear to show that McCallister has filed no more than four tax returns in the last 22 years.
“As the judge has yet to respond there is no credible evidence to deny this allegation,” the complaint said.
During a divorce hearing held last month, McCallister invoked his Fifth Amendment right not to incriminate himself when asked about the unpaid taxes.
The JDDC charged that McCallister is subject to sanctions “for conduct that is prejudicial to the administration of justice, for willful violation of the Code of Judicial Conduct and that this conduct is cause for formal discipline.”
In March, the JDDC started investigating McCallister, who began serving as an elected Saline County Circuit Court judge in 2009.
As McCallister was going through a divorce, allegations surfaced that he hadn’t paid his federal taxes. His wife at the time also allegedly didn’t know about the unpaid taxes.
McCallister has $104,648 worth of IRS tax liens filed against him for unpaid personal taxes, according to federal tax liens filed by the IRS in 2011. The unpaid taxes are for the tax years 2000-03 and 2005-08. The JDDC noted Arkansas Business’ reporting of the tax liens in its statement of facts.
McCallister told Arkansas Business last month that the unpaid taxes “are really not something I can discuss at this point.” He said he also couldn’t comment on the JDDC investigation.
The JDDC said McCallister has 30 days to respond to the charges and will continue to be a judge while the case is pending.