By Rob Moritz
Arkansas News Bureau

LITTLE ROCK — Former Pulaski County Circuit Judge Willard Proctor, who was removed from the bench by the state Supreme Court in January, has filed to run as a write-in candidate for his old seat.

He also has filed a lawsuit arguing a state law that prohibits him from serving again as judge is unconstitutional.

Chrishauna Clark, Proctor’s attorney, said the lawsuit was filed because they expect someone to challenge the legality of Proctor being a write-in candidate.

The nonpartisan judicial election is May 18.

“Presumably there will be a challenge, so to usurp that and to get around voters casting their vote for him and then later on finding out they couldn’t cast their vote for him anyway, it was expedient to go ahead and file for office, which he has done, and then to go ahead and challenge the constitutionality of the law,” Clark said.

Earlier this month, a federal judge dismissed a lawsuit by Proctor asking that he be reinstated in time to file for re-election. The one-week filing period ended March 8.

The state Supreme Court removed Proctor from the bench in January for misconduct involving a probation program he ran from his courthouse office.

Today, Proctor filed notice with the secretary of state’s office that he planned to run for his old seat as a write-in candidate.

Tim Humphries, legal counsel for the secretary of state’s office, said the office had no choice but certify him as a write-in candidate.

“We don’t have the authority to investigate eligibility issues,” he said, adding someone would have to challenge Proctor’s ability to file as a write-in candidate in circuit court.

In the lawsuit filed today, Proctor argues that the state law prohibiting a judge removed from office from being elected or appointed to serve again “is unconstitutional because it adds a qualification for candidacy as a circuit judge not specifically listed in the Arkansas Constitution.”