CASE STUDIES IN EMERGENCY ELECTION LITIGATION

Federal Judicial Center 7/10/2023 1

Grievance About a Change in Mayoral Power 

Winstead v. Stodola 

(William R. Wilson, Jr., E.D. Ark. 4:07-cv-682) 

Five days before a special election, a federal complaint challenged a 

ballot measure that would convert the position of Little Rock mayor 

from part time to full time. Following two recusals, the district 

judge then assigned the case denied immediate relief on the day before the election. 

Subject: Ballot measures. Topics: Ballot measure; case 

assignment; recusal; class action. 

Five days before an August 14, 2007, special election to convert the position 

of Little Rock mayor from a part-time position to a full-time position with 

expanded powers, five citizens filed a federal complaint in the Eastern District of Arkansas challenging the propriety of the scheme.1

 The plaintiffs 

named as defendants the City of Little Rock, the State of Arkansas, the governor, Little Rock’s mayor and city attorney, six of Little Rock’s ten city directors, three county election commissioners, and the commission’s director.2

 With their complaint, the plaintiffs filed a motion for an immediate injunction.3

The court assigned the case to Judge Susan Webber Wright, but she 

recused herself because she was on vacation, so the court reassigned the case 

to Judge J. Leon Holmes.4 Judge Holmes set the case for hearing on Monday, 

August 13.5 One of the plaintiffs, who unlike the other plaintiffs was appearing pro se,6

 moved for Judge Holmes’s recusal7 because the judge “has previously been the subject of a judicial complaint filed by the undersigned,”8

 and 

Judge Holmes granted the motion.9 The court reassigned the case to Judge 

William R. Wilson, Jr., who is now known as Judge Billy Roy Wilson.10

Receiving the case at 2:40 p.m. on Friday, August 10, Judge Wilson informed the plaintiffs that he could proceed with the Monday hearing so long 

as he received timely confirmation that the defendants received notice.11 At 

1. Complaint, Winstead v. Stodola, No. 4:07-cv-682 (E.D. Ark. Aug. 9, 2007), D.E. 1. 

2. Id. 

3. Motion, id. (Aug. 9, 2007), D.E. 3. 

4. Transfer Order, id. (Aug. 10, 2007), D.E. 4. 

Judge Holmes retired on February 5, 2020. Federal Judicial Center Biographical Directory of Article III Federal Judges, www. fjc.gov/history/judges. 

5. Order, Winstead, No. 4:07-cv-682 (E.D. Ark. Aug. 10, 2007), D.E. 6. 

6. Complaint, supra note 1, at 8. 

7. Recusal Motion, Winstead, No. 4:07-cv-682 (E.D. Ark. Aug. 10, 2007), D.E. 8. 

8. Recusal Motion Brief, id. (Aug. 10, 2007), D.E. 9. 

9. Order, id. (Aug. 10, 2007), D.E. 10. 

10. Transfer Order, id. (Aug. 10, 2007), D.E. 12. 

11. Letter, id. (Aug. 10, 2007), D.E. 14. 
Grievance About a Change in Mayoral Power 

2 Federal Judicial Center 7/10/2023 

the Monday morning hearing, Judge Wilson denied the plaintiffs immediate 

relief and set the case for another hearing on September 26.12

Because the plaintiffs did not file a brief by their August 27 deadline, 

Judge Wilson dismissed the case on August 30 without prejudice.13 On the 

following day, the plaintiffs filed an amended complaint, styled as a class action.14

After additional briefing, Judge Wilson dismissed the case on September 

13 as a general grievance.15 The court of appeals agreed that the plaintiffs 

lacked standing.16

12. Minutes, id. (Aug. 13, 2007), D.E. 23; Notice, id. (Aug. 13, 2007), D.E. 24. 

13. Order, id. (Aug. 30, 2007), D.E. 31. 

14. Amended Complaint, id. (Aug. 31, 2007), D.E. 41. 

15. Opinion, id. (Sept. 13, 2007), D.E. 65, 2007 WL 2710096. 

16. Anthony v. Stodola, 329 F. App’x 693 (8th Cir. July 7, 2009).