A former Republican lawmaker has been elected as a judge in Arkansas despite facing felony charges for allegedly attacking his wife.
Austin McCollum, a former Arkansas House of Representatives legislator who has been arrested twice since August, was elected as the next Benton County judge on Tuesday.
McCollum's wife, 34-year-old Ragen Ashlee McCollum, has accused him of punching and choking her, according to a court petition obtained by the Daily Mail.
Ragen, a fulfillment engineer at Walmart HQ in Bentonville, won an order of protection against McCollum, 35, in September. They have two young children, ages two and four.
She testified that McCollum expected her to be a 'Proverbs 31' wife, which seemingly referenced a Biblical passage calling on wives to devote their lives to caring for their husbands and children.
McCollum faced no opposition in his bid for Benton County judge after winning the Republican primary in March. The legal deadline for replacing him as the candidate was on September 17.
McCollum has not been found guilty of a felony and he can still take the oath of office in January, though there have been calls for him not to.
However, McCollum would become ineligible to hold office if convicted of a felony while serving.
Austin McCollum was elected as the next Benton County judge on Tuesday. He has been accused of assault by his wife, 34-year-old Ragen Ashlee McCollum
Ragen won an order of protection against McCollum in September which directed him to stay at least 1,500 feet from her. The couple has two children, 2 and 4
McCollum was first arrested on August 1 by the Benton County Sheriff's Office at the couple's $900,000 farmhouse on suspicion of aggravated assault on a family or household member, domestic battery and first-degree false imprisonment.
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He pleaded not guilty to those charges and was freed on $10,000 bond.
McCollum subsequently resigned from his position as state representative at the behest of Arkansas Governor Sarah Huckabee Sanders.
Ragen accused McCollum of throwing shoes at her after they returned home from a wedding and started arguing.
She claimed McCollum would not let her leave the bedroom, putting his knees on her back and making it hard for her to breathe.
McCollum allegedly eventually let his wife up and tried convincing her to clean up the blood.
District Judge Chris Griffin ordered McCollum not to have any contact with his wife and stay at least 1,500 feet from her.
Judge Griffin also told McCollum to stay away from the family's Mockingbird Lane home in Bentonville, as well as from Ragen's workplace.
Ragen filed for divorce from McCollum on August 7. The divorce has not been finalized.
McCollum was charged with aggravated assault, domestic battery and first-degree false imprisonment in August
McCollum was taken into custody at the couple's $900,000 farmhouse (pictured). He pleaded not guilty and was freed on $10,000 bond
McCollum was arrested and jailed again on September 29 on suspicion of stalking and violation of a protection order, the Northwest Arkansas Democrat Gazette reported.
He allegedly attended an open house at Shiloh Christian School while his wife was there even though she told him ahead of time when she would be there.
The new judge-elect was also spotted twice at the daycare his children attend even though the protection order prohibited him from being there, per an affidavit obtained by the outlet.
District Judge Jeff Conner ordered McCollum to be held on a $150,000 cash-only bail following his second arrest.
McCollum posted bond and was released on October 6 with a requirement to wear an ankle monitor, according to 5News.
He could be sentenced to three to 10 years in prison each if convicted of the domestic battering and false imprisonment charges.
McCollum also faces up to six years in prison if found guilty of the aggravated assault charge.
His next date in Benton County Circuit Court for both criminal cases is scheduled for December 1.
McCollum was arrested for a second time on September 29 on suspicion of stalking and violation of a protection order
McCollum was released on October 6 after posting bond. He was required to wear an ankle monitor
Sitting Benton County Judge Barry Moehring said in September that McCollum should not take the oath of office after the allegations.
'Doing so would be a disservice to the people of Benton County, whom he campaigned to serve,' Moehring said, according to KUAF.
'In my judgment, with the specter of a potential felony conviction hanging over his head, combined with the seriousness of the charges he faces, Mr. McCollum would have neither the confidence nor the trust necessary to effectively carry out this vital role,' he added.
Moehring's term ends at the end of this year and he did not seek reelection.
He said he was willing to serve until the end of February if McCollum did not take office in order to give the court time until a replacement is found.
Moehring added that he was concerned about the court's day-to-day operations if McCollum took office.
Benton County currently has about 800 employees, of which about 240 report directly to the county judge, according to Axios.
'I think that they would be looking for a leader who provides them with some stability, some continuity and a vision, a direction,' Moehring told the outlet.
He added: 'I have tried to do that in 10 years, and I can't imagine doing that if I had a felony conviction hanging over my head.'
The Daily Mail has reached out to McCollum and his attorney, Shane Wilkinson, for comment.
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