Retired Federal Bankruptcy Judge Loses Law License

NEWS. May 2, 2025, from Little Rock.

A retired federal bankruptcy judge in Arkansas has lost his Arkansas law license. Judge Ben T. Barry, of Fayetteville, was formerly an active bankruptcy judge in the Eastern and Western Districts of Arkansas.  At one point, he was the chief judge, which means that he handled the judicial administrative activities for the entire court.

The Arkansas Supreme Court issued a per curium yesterday dealing with licensed attorneys who failed to pay their annual bar dues.  Many familiar names made the list, including local liberal hack and Arkansas Times contributor Matt Campbell.

However, the most surprising name was that of the Honorable Ben T. Barry.  Judge Barry has failed, for three consecutive years, to pay his bar dues.  As a result, his license is deemed surrendered, and he is barred from practicing law in Arkansas.

In an interesting Constitutional twist, federal judges from the district courts and higher do not have to be licensed attorneys or even hold a law degree.  However, the many circuit courts of appeal choose bankruptcy judges—who, along with magistrates, are not tenured for life.  Additionally, the circuit courts of appeal set the qualifications for bankruptcy judges.

In the past, the Eighth Circuit has required that bankruptcy judges be licensed in at least one jurisdiction in the United States or its territories. It is unknown whether Judge Barry is licensed in other states or the District of Columbia.

ANALYSIS.

Bankruptcy judges are unique. In Arkansas they are hired/appointed by the Eighth Circuit Court of Appeals.  Usually, that court takes only the candidates who are highly recommended by the bench and the bar.  Typically, they are the cream of the crop in bankruptcy attorneys.

Arkansas is fortunate to have great bankruptcy judges.  Not only that, but our state also has a history of the same.  Judge James Mixon was a beacon of knowledge during his life and time on the bench.  Judge Richard Taylor is a friend and mentor to all attorneys who appear before him.  Not enough good things can be said about Judge Phyllis Jones, who sits on the Eighth Circuit’s Bankruptcy Appellate Panel. It is also very difficult to compete with Judge Bianca Rucker’s knowledge of the law.

Why would Judge Barry let his law license lapse?  I don’t know for sure, but it probably isn’t oversight. When my cousin retired from practicing law, he also let his law license go inactive.  When asked about it, he said that was the surest way to ensure that he had no ability to help those with legal issues who darkened his door seeking his aid.

He literally could not help them because he wasn’t licensed.  And, because of that, he has enjoyed a fine retirement.

Clinton W. Lancaster

Attorney. America First. Sued Hunter Biden for child support. Represented President Trump in the 2020 Wisconsin election challenge. Former attorney for the Wisconsin Special Counsel. An official “Tough Cookie” per President Trump.