Judge Vacates Plea Statement in Hathaway Case
A plea statement signed by a recused Arkansas judge was vacated by an assigned replacement judge.
Updated on Nov. 11, 2026 in Criminal Justice
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Circuit Judge Gary Arnold vacated a plea statement in State v. Robert Hathaway on November 9, after it was signed on November 4 by the defendant, his attorney David Sward, and Circuit Judge Andrew Bailey. Bailey had recused from the case in October along with three other judges.
Why it matters
The Arkansas Supreme Court's Administrative Order No. 16 bars a recused judge from taking further action in a case beyond directing parties to the clerk's office, which is the basis for the vacated plea. The ruling shows how procedural rules govern judicial involvement in criminal cases statewide.
Former county judge Robert Hathaway's plea statement was vacated on November 9, 2026, by Judge Gary Arnold, who was appointed by the Arkansas Supreme Court. Prosecuting Attorney David Ethredge described the signature by Judge Andrew Bailey as a simple mistake and not intentional.
The players
Gary Arnold
An Arkansas circuit judge appointed by the Arkansas Supreme Court as the assigned judge in the Hathaway case.
Andrew Bailey
A circuit judge who recused from the Hathaway case in October but had signed the plea statement before being replaced.
David Ethredge
The prosecuting attorney in the case who called the judge's signature a simple mistake.
The details
Hathaway was charged after investigators found he failed to appropriately report known misuse of county funds by a former county employee, with whom he reportedly spoke about the misuse roughly 15 times. Arnold ruled that signing a plea deal falls outside the responsibility of a recused judge.
Timeline
October 2026: Four judges, including Andrew Bailey, recuse from the case.
November 4, 2026: The plea statement is signed by Hathaway, Sward, and Bailey.
November 9, 2026: Judge Gary Arnold vacates the plea statement.
Legal Context
Arkansas Supreme Court Administrative Order No. 16 directs that a recused judge may take no further action in a case beyond referring parties to the clerk's office. The vacating of this plea statement applies that rule directly to a sitting judge's signature.
The ruling clarifies that recused judges cannot sign plea agreements, which affects how defendants and attorneys in Arkansas must handle case transfers. Parties in pending cases should confirm with the clerk's office which judge is now assigned.
The takeaway
Procedural safeguards like recusal rules protect the integrity of plea agreements, and courts enforce them even when a signature was a mistake. Anyone following a criminal case should verify which judge currently presides over it.
Further reading
For related coverage, explore more Criminal Justice reporting.
Source note: This article includes information reported by Harrison Daily.
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