Secretary of State Mark Martin claims sovereign immunity | Arkansas Blog

Secretary of State Mark Martin claims sovereign immunity

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IMMUNE FROM SUIT? Secretary of State Mark Martin claims he is.
  • IMMUNE FROM SUIT? Secretary of State Mark Martin claims he is.
More from Matt Campbell of the Blue Hog Report, who continues to wrangle with the secretary of state's office over Freedom of Information Act access to office records, including pertaining to its use of outside legal counsel without attorney general approval (a practice Campbell successfully stopped).

The office continues to fight turning over everything Campbell has requested under the FOI. The latest is in an amended complaint that makes a rather surprising claim for Secretary of State Mark Martin:

81. Defendant Secretary affirmatively states that he is entitled to governmental immunity for all of his acts in his official capacity.

82. Defendant Secretary affirmatively states that he is entitled to sovereign immunity for all of his acts, and the acts of his employees, in performing the official duties of this Office, Ark. Const. Art 5, Sec. 20.

Next time Legislative Audit wants to call a constitutional officer on the carpet for, say, their investment policies, seems to me they need to call Martha Adcock, Mark Martin's legal counsel on this mind-blowing claim, and have her tell them, "MYOB. I'm immune suckers." Secretary of state can't be sued under the FOI? How convenient.

Here's Martin's filing.


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