NORTH LITTLE ROCK, Arkansas — An incumbent candidate for Justice of the Peace has been ruled not eligible to run for office after a misdemeanor more than 20 years ago.
This comes from a clause in the Arkansas constitution that states that anyone who committed a crime of deception can't hold office.
Kristina Gully is the Justice of the Peace for District 10 in Pulaski County. She held a meeting Monday night to share her side of the story, and with tensions high, she became emotional.
"I'm sorry that this has happened... I'm just sorry," said Gulley.
Gulley was elected in 2020, but now she cannot run again. A lawsuit was filed against her by Henry and Detrice Robinson that claims she is ineligible for office.
"It was due to me having a past hot check when I lived in Conway," said Gulley.
This happened in 1997. She pleaded guilty to the misdemeanor and the case was resolved.
Gulley now finds that Arkansas law says she cannot be an elected official with this past charge.
"I wish they would have put that on the political practice pledge, because it only asks candidates have you ever been convicted of a felony in Arkansas or outside of Arkansas jurisdiction, which I don't have any felony convictions," said Gulley.
Arkansas law states if you have been convicted of an "infamous crime," even if it was a misdemeanor, then you cannot hold public office. This includes any crime of deceit or dishonesty. Using false checks falls under this category.
There's also no limit.
"If someone has been convicted from one of these crimes then they are barred, they are disqualified, under the Arkansas constitution from holding office," said Robert Steinbuch, a professor at UALR's Bowen Law School.
But Gulley said this will not stop her from public service.
"I'm still committed to District 10. I've been serving and working there in District 10 long before I became an elected official and I'm going to continue to work with the leaders," said Gulley.
For those voting in her district, you may still see Gulley's name on the ballot, but following a court ruling, the Secretary of State's Office will not count those votes.
Gulley said she is considering an appeal.
We reached out to the Secretary of State's Office, and they had no comment. We also reached out to the Pulaski County Election Commission. They did not make anyone available for an interview.