When the 8th Circuit U.S. Court of Appealsheard arguments last week on the important case over the Arkansas school transfer law, news accounts noted that parents seeking the ability to transfer from Malvern to the whiter Magnet Cove School District were represented primarily by Jess Askew of the Williams and Anderson law firm in Little Rock.
Not present in St. Louis was Andi Davis of Hot Springs, the original attorney in the lawsuit, which led to invalidation of the school transfer statute by federal Judge Robert Dawson on account of the law's prohibition of transfers that have segregative effects. Davis' absence was noted in news accounts because Attorney General Dustin McDaniel, whose office is defending the law, had recently confessed an affair with Davis in 2011. Her presence on the opposite side of the case gave rise to questions, though he's insisted no conflict existed and they never discussed the case.
Where was Davis?
She told me over the weekend she no longer represents the Malvern parents in the case. In an e-mail, she said:
I sat down with Mr. Askew as well as my clients and we decided it would be best that I withdraw and that I not attend any of the oral arguments. It is difficult because I love this case and I have fought for 4 years to get where we are now. But, the case and clients are more important than my desire to be a part of it so I think it's better that the issue not become lost in my drama.
The federal court record of the case does not currently reflect a formal withdrawal motion, however, though her attorney also told me he understood her plans were to withdraw.
She had referred me to her attorney, Jeff Rosenzweig, on another matter, the suspension of her law license Nov. 17 by the Arkansas Supreme Court over continuing legal education requirements, a suspension that was stayed Dec. 3 while she contested the matter. He responded on that:
The CLE people had failed to update her address with the address she had with the Supreme Court. Thus they were sending her warning letters to her ex husband's address. In violation of a court order and of basic courtesy, he did not give the letters to her. She had no idea that she was in CLE trouble until he gave her the suspension letter. She believed she had attended enough CLE and had no reason to think the was any deficiency. Apparently a couple of hours werent recorded. When the CLE people were shown and realized that they had sent the letters to an incorrect address (and an incorrect name by the way—-ANDREA DAVID). they immediately rescinded the suspension. She has rectified the deficiency problem.
Davis' former husband, Fred Day, has been a source of friction before. A series of questions Day's lawyer posed in Garland County Circuit Court in a dispute over child visitation forced the issue of her relationship with McDaniel into the open. This weekend, provocative photos of Davis were distributed through an e-mail account bearing his name.
UPDATE: I've received another e-mail purporting to be from Dr. Day. This one, I'll note, is the same e-mail address given to me for him some weeks ago. He did not respond then to my note. Today, he writes:
These emails are not coming from me I assure you nor am I trying to create anymore drama for myself, the kids or Andi. I'm actually sorry I ever filed what I did. If you can send the pictures that were attached to email I would appreciate it. I want to find out who the conspirator really is and expose them as a fraud.Fred