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Judge: Greenwood mayor eligible to hold office
Tuesday, Feb 19, 2008

Stephens Media

LITTLE ROCK - A Sebastian County Circuit Judge has dismissed a lawsuit alleging that Greenwood Mayor Ken Edwards is ineligible to hold public office.

Judge Michael Fitzhugh ruled in favor of Edwards on Feb. 12, Edwards' attorney said. The suit by former Greenwood Mayor Garry Campbell claimed Edwards was ineligible for public office because he pleaded guilty to second-degree forgery and theft of property in Washington County in 1996.

The felonies were expunged from Edwards' record in 2005. Edwards defeated Campbell in Greenwood's 2006 mayoral election by a 711-672 vote.

Fitzhugh issued his ruling after the state Supreme Court ruled in a separate case involving Edwards. In 2006 Fitzhugh dismissed a suit by Edwards alleging medical negligence in the 2003 death of Edwards' father, but on Feb. 7 the Supreme Court reversed that ruling.

In the 2006 ruling, Fitzhugh said a judge should not have appointed Edwards administrator of his father's estate in 2003 because at that time the felonies had not yet been expunged from Edwards' record. The Supreme Court ruled that Fitzhugh did not have authority to overturn another court's decision.

Fitzhugh cited that Supreme Court decision in dismissing Campbell's suit last week. Campbell essentially was asking Fitzhugh to usurp the authority of the judge who ordered Edwards' felonies expunged, Fitzhugh said in an order granting summary judgment to Edwards.

On Friday, the state Ethics Commission voted to issue a letter of reprimand to Edwards and fine him $600 for violating campaign finance rules. A complaint by Campbell led to the finding.

The commission found that Campbell reported the receipt of loans he never actually received, filed a report late, did not adequately account for $488 worth of non-itemized expenditures and spent campaign funds on some items of personal attire.



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