Hathaway’s plea deal vacated by assigned judge

The saga continues in the case of the State v. Robert Hathaway. The plea statement, signed on November 4 by Hathaway, his attorney David Sward and Circuit Judge Andrew Bailey, was vacated on November 9 by Judge Gary Arnold. The vacatur occurred because Judge Bailey, along with three other judges, had recused themselves from the case in October. As reported, Judge Gary Arnold was then appointed by the Arkansas Supreme Court as the assigned judge for the case. According to Arkansas Supreme Court Administrative Order No. 16, a recused judge must take no further action in the case other than directing the parties to contact the clerk’s office. Signing off on a plea deal is outside the scope of a recused judge’s responsibility. When asked for an explanation, Prosecuting Attorney David Ethredge said that Judge Bailey’s errant signature was a simple mistake and not intentional.

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