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Prosecutor Issues Opinion on Saline Co. Sheriff, Files Motion for Recusal

Casady says although he's already recused himself from prosecuting Pennington in this case, he would also be filing a motion to be recused from any investigation or removal proceeding.
BENTON, AR -- Prosecuting Attorney for the 22nd Judicial District Ken Casady has issued an opinion on the proposed removal of Saline County Sheriff Bruce Pennington, who recently pleaded guilty to public intoxication and resisting arrest.

In a letter to Judge Robert Herzfeld, Casady says the quorum court and county judge asked his opinion on whether Pennington can be removed from office in accordance with a provision in the Arkansas Constitution which prohibits anyone convicted of "infamous crimes" from holding public office.

Casady says Pennington's charges do not fall under the category of "infamous crimes," but that Article 7, Section 9 of the Arkansas Constitution provides for removal of "county or township officials for criminal conduct," according to the letter.

He writes that this provision has not been used frequently in the past, and "an argument for or against use of this provision in this situation should be more fully explored."

Casady goes on to say that although he has already recused himself from prosecuting Pennington in this case, he would also be filing a motion to be recused from any investigation or removal proceeding.
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