Jefferson Co. Judge To Pay For Forensic Analysis For Violating FOIA
Several FOIA violations occurred from December 14, 2021, to date of filing the complaint, January 28, 2022
[Editor's Note: As part of our ongoing concern about the Arkansas Freedom of Information Act, we are publishing this press release.]
A lawsuit was filed in the Circuit Court on or about January 28, 2022, in Jefferson County, State of Arkansas, against twelve Quorum Court Members and the County Judge of Jefferson County seeking declaratory relief and actions in relation to disclosure of documents under the Freedom of Information Act.
Kimberly Dale, Attorney in Paragould Arkansas, by and through her attorney, Tim Cullen, of Little Rock, Arkansas, prevailed in their lawsuit reflecting several Freedom of Information Act violations that occurred from December 14th 2021 to date of filing the complaint, January 28, 2022.
The Honorable Judge Ben Story issued his ruling on September 10, 2022, finding violation by all of the Defendants for failure to provide documents as requested by Dale and ordered disclosure of documents, in addition to legal fees and costs to be imposed.
As a result of a Finding of Contempt by the Office of the County Judge, the Court approved an Order whereby a forensic analysis was to be conducted of the computers of the office of the county judge during the time period of the FOIA request. This expense was to be borne by the Office of the County Judge.
Pivot Legal Services, LLC conducted a report and submitted the same to the Circuit Court for their review.
For months, the Office of the County Judge refused to remit payment for professional services by Pivot Legal Services, LLC. Plaintiffs filed additional Petition to Contempt to render payment to the vendor.
On April 23rd, 2024 a hearing on the Petition to Contempt was before Judge Ben Story to address Plaintiff’s Petition for Contempt.
With the coercion from the Circuit Court, the Office of the County Judge agreed to remit payment for $17,000.00 for Pivot Legal Services and $8,000.0 for Legal Fees.
Kimberly Dale is quoted as saying: “The citizens of Jefferson County deserve accountability and transparency in their county government and today’s ruling by Judge Story affirms that duty”
“The taxpayers of Jefferson County have incurred tens of thousands of dollars in fees and expenses on legal actions defending the Office of the County Judge obstinate refusal to remit valid and necessary claims.”
In separate action by the Plaintiff, representing the Sheriff of Jefferson County, a hearing is schedule for June 3rd, 2024 whereby the Sheriff has filed an action against the Office of the County Judge for Petition for Contempt, for failure to follow Circuit Court’s directive from September 2023 hearing.