Local casino opponents have also lost in a different court in their effort to prevent the issuance of a permit in the county. Fox also had tried unsuccessfully to transfer this case to Pope County. The Supreme Court validated the Cherokee Nation’s argument that approval of the county judge in office at the time the application was filed was required. Gulfside claimed approval by an official no longer in office when the application for a permit was filed.
The Supreme Court has already overturned Fox once on his interpretation of whether Gulfside or the Cherokee Nation had the required approval of county officials to get a permit. The license application and selection process is carried out by the Arkansas Racing Commission (the Commission).
A judicial ethics complaint was confirmed, but specifics of such complaints aren’t revealed unless resolved by disciplinary action. All pleadings were completed eight months ago. Hunter Field, in the Arkansas Advocate, reported earlier this year that Dustin McDaniel, an attorney for the Cherokee Nation, had filed a judicial ethics complaint against Fox in the case - presumably over his delay in issuing a ruling in the case.
