Tagged: Judge Lincoln

Letter From Ethics Commission Says White County Judge Broke the Law

Today is primary day in Arkansas.  That means it is time to wrap up our “Vet The Judge” series.  I hope it has been informative as you have decided who to support for White County judge.

As we conclude today, I wanted to share this letter (seen above, emphasis added) with you.  It was sent, as you can see, to JudgeLincoln on November 7th of last year.  I received a copy because I was the citizen who filed the request for review with the ethics commission.

Now, Judge Lincoln has been on record saying he ‘did nothing wrong’ and after speaking with several in the community, I have realized that, thanks in large part to our prestigious local media, many have been unaware of these charges against the judge.

[Speaking of prestigious media, did you know the Searcy paper has printed 4.5 pre-election stories about Lincoln's opponent's health, but zip, zero, nada stories about his ethics violations?   I know, I'm a conspiracy theorist.]

Two important observations to make about the letter:

1. The letter expressly says that Judge Lincoln violated Arkansas law.  

2.  The letter expressly says that Judge Lincoln signed a letter acknowledging that he broke the law, while also saying in the paper that ‘he did nothing wrong.’  I can only interpret this to mean: Judge Lincoln sees nothing wrong with breaking the law.

Don’t forget to cast your vote today before the polls close at 7:30 p.m.  You can find your polling location here.

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Searcy Mayor, White County Judge Support Highway* Tax Hike – Update

Searcy Mayor David Morris & White County Judge Mike Lincoln apparently both stated in the local paper a few months ago that they support Issue 1 or the ‘Highway Tax’* that will be on the ballot in November.  The half cent tax* increase was referred to voters by the state legislature during last year’s regular session.  A tax on fuel…what a great idea!  A tax hike on everything?  What a great idea!*

Morris reportedly said that street improvements are his ‘biggest concern’ and said the additional revenue that the city would receive as turnback would be ‘welcomed.’

I find this particularly interesting, given that Searcy voters approved a 1% tax increase in December 2011, specifically for road improvements, and the mayor did publicly & privately promise not to call for any further tax increases until this new tax expires.  The tax went into effect on April 1 of this year.

Then we have Mike “Never-met-a-tax-I-didn’t-like” Lincoln who told the paper that we “desperately needs additional funds for highways.”  Lincoln also said, “if we want improvements, we are going to have to pay for them.”

This is a line he used repeatedly during his campaign to raise taxes on White County taxpayers by 1% last September.  The implication behind this comment is sincerely insulting to the people of White County.  Of course, if we want to improve our infrastructure, we will have to pay for it.  But ‘paying for it’ and raising taxes to pay for it are two entirely different things, Judge Lincoln.

Voters should also remember that the judge cut $1.5 million from this year’s county road budget, while the county sits on millions of dollars in CDs and other accounts.  He uses many straw-man arguments like, “Well, we don’t have enough money in the road fund,” leading voters to believe that only money in the road fund can be used for infrastructure improvements, but this is simply not true.

The fact is:  White County government, during Judge Lincoln’s time in office, has enjoyed its highest revenues in history.  Our problems in White County do not originate from a lack of revenue.  They stem from a lack of leadership.

UPDATE: A delightful Lincoln supporter & serial commenter on this blog has said that the diesel tax will no longer be on the Arkansas ballot in 2012.  I have read some discussion in the news about this, but I have not seen anything definitive.  Many sites are still reporting that the issue will be on the ballot, including Ballotpedia (whom I cited earlier in this post).  They have the ballot question’s status listed as “on the ballot.”  TaxRates.com reported on the vote just over a week ago, citing a poll that was conducted on the issue in late March of this year.

I am looking into this and will keep you posted.  Whether or not the issue will be on the ballot this year is immaterial to my point in this article.  Judge Lincoln wants higher taxes, despite county revenues being higher than ever.  And this point is not dependent upon this particular tax issue.  He has supported multiple other taxes during his time in office, and I will be outlining those as well.

*This part of the story was edited for clarification.

“White County Cleanup” Raises Ethics Questions for County Judge

I received a tip on Saturday afternoon that White County Judge Mike Lincoln was using the “White County Cleanup”–a time for county residents to bring garbage to the county fairgrounds and have it disposed of, at the expense of the taxpayers–as a campaign event.  I arrived at the event to find this sign in front of the gate, on public property:

Here is a zoomed-in look at the figures you see in the background.  In yellow is OEM Director Tamara Jenkins, the judge’s favorite county employee who used taxpayer money to purchase Thanksgiving dinner for her family, a heat pump, and a couple of trailers.  Mike Lincoln is pictured leaning down, apparently looking at the truck’s tires.  And Jenkins’ assistant is laying down in the back of the truck.  I am not sure who the young lady is.  There is also an older gentleman sitting down in the lawn chair next to Jenkins:

Here is another photo.  At the far left you can see a sign that says “White County Cleanup ENTRANCE–>”

Here’s a zoomed in look at that photo.  This was after the judge noticed my presence on county property and began yelling at me.  I couldn’t make out what he was saying, but he began charging at me and so to avoid conflict, I left.  His shirt features his campaign logo.  You can see him front and center, facing the camera:

So what does the law say about using public property/publicly-funded items for campaign use?  Well, let’s just say Judge Lincoln has several questions to answer.

1.  Was the judge using publicly-funded property for campaigning? 

From the Arkansas Ethics Commission:

(e)    No public servant shall use for campaign purposes any item of personal property provided with public funds.[6]  “Campaign purposes” refers to the campaign of a candidate for public office and not efforts to support or oppose a ballot measure.

See the Suburban with the hatch popped?  And the truck with the lights on top?  Both county vehicles, paid for by you.  Being used for campaign purposes.

2. Were the two county employees pictured here asked to attend the event and were they being paid by the taxpayers?   We can’t say for sure, but it’s certainly a question worth asking.

Again, from the Commission:

(c)  No public servant shall coerce by threats or otherwise any public employee into devoting time or labor toward the campaign of any candidate for office or for the nomination to any office. [4]

(f)  No person shall assess any public employee for any political purpose whatever or coerce by threats or otherwise any public employee into making a subscription or contribution for any political purpose.[7]

I think the words “or otherwise” in Section (c) are problematic for the judge here.  Were the employees asked to attend?  Were they being paid?

Also, in Section (f), “No person shall assess any public employee for any political purpose whatever.”  The judge can say that this was not a “political” or campaign event, but by putting up a sign & wearing a campaign t-shirt, didn’t he make it one?

3.  There is a clear double standard in Judge Lincoln displaying his sign on public property.  I remember just a few short years ago when we had a rally on the courthouse lawn.  Someone attending the event asked the judge if they could display campaign signs.  He said yes, and then once they put them up, he went ballistic.  He even went so far as to call the police and tried to have the whole event shutdown.  He said, “I”m the keeper of the county grounds!  You can’t do this!”

Well judge, you may be the keeper of the county grounds, but that doesn’t excuse you from unethical activities.  You were probably right back in 2010 to not let the demonstrators post their signs on public property.  So do you still agree that this is an unethical practice?  If you do, then why would you do it?  Would you allow your opponent to do it?  Or do these special provisions only apply to yourself and those you support? 

Keep in mind, this is a judge who has already been charged with a violation by the Arkansas Ethics Commission for breaking the law, but he said he ‘still didn’t think he did anything wrong’ after the ruling was handed down.

And a judge who is pictured here with Tamara Jenkins, who misused hundreds of taxpayer dollars, who he consequently rewarded with the purchase of a $320,000 building at the all-time high price of $590,000!

And he is still defending her nobility.   So don’t expect any remorse from him after this incident.

And don’t think this is the first or only time that Judge Lincoln has used public property to promote his campaign.