Judge Fox’s failure to act on a case in his docket seems to me to be judicially unethical and he should be held accountable no matter how this turns out.
It’s frustrating for all sides, I think, except for those who don’t want the casino to come to Pope County.
Whether Judge Tim Fox intended to or not, his lack of action on this appeal of a ruling by the Racing Commission has had the effect of helping the casino opponents.
Though some think otherwise, I doubt very seriously that Judge Fox has received anything from the well-heeled Choctaw-funded casino opponents for his lack of action. I doubt that he is involved in any sort of anti-casino conspiracy. I think he is just being recalcitrant for some reason when it comes to issues related to the casino.
And when he did rule on the original Gulfside appeal—call it Gulfside 1.0, filed in December 2019—he got it wrong, with the Supreme Court overruling his decisions twice.
With that history alone, Judge Fox should have recused himself from Gulfside 2.0, 60CV-21-1653, filed on March 9, 2021.
At this point, it really doesn’t matter which way he rules. Whatever he rules, it’ll be appealed by the losing party. Then the Arkansas Supreme Court can make a final decision.