Attorney to file 3rd complaint in Tillman suit

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The attorney for Jefferson County Tax Assessor Gloria Tillman and her daughter Morgan indicated he would file a third amended complaint against Jefferson County Judge Gerald Robinson amid a budget stalemate with the Quorum Court, giving him a path to present an appeal of a final ruling to the Arkansas Court of Appeals.

At a Thursday morning hearing, plaintiff attorney Luther Sutter and defense attorney Casey Castleberry requested Special Judge Randy Wright in 11th West Circuit Court to exercise Rule 54(b) of the Arkansas Rules of Civil Procedure. The rule calls for an express, final judgment.

“More importantly, we are anxious — I know Judge Robinson is anxious — to get back in front of the Quorum Court and get a budget in court as soon as possible so that Jefferson County employees who have been working for this county can get paid and can get back to work in this county as usual,” Castleberry said.

Wright said he would write a final ruling on all five counts “in a day or so.”

“He gave the plaintiff’s attorney the opportunity to respond to the motion to dismiss that we filed,” Castleberry said. “I don’t think there was any substantive ruling made today, but there was no award of any money or injunctive relief.”

Filing a third amended complaint would make such a motion moot, Castleberry clarified. Any hearing on that would not take place until late February at the earliest.

Sutter filed a lawsuit on behalf of Morgan Tillman, who works in the office of her mother, the county assessor, and was seeking class certification of at least 200 employees who have not been paid due to the budget stalemate. They are seeking upward of $2 million in compensatory and punitive damages.

Robinson attended the hearing, but the Tillmans did not. Castleberry was asked if Robinson can offer any other remedy to have the employees paid.

“The judge’s hand is tied until the Quorum Court passes a budget,” Castleberry answered. “Once that’s done, we can get back to operating as usual.”

Sutter represented the Tillmans when Wright last August dismissed three of five counts in the first amended suit against Robinson. The dismissed counts sought to find Robinson guilty of breach of contract and conversion and to have the judge rule that Morgan Tillman did not violate a county nepotism policy dating back to 2003.

Sutter was allowed to move forward with a count of illegal exaction and deprivation of property without due process standing from the August ruling.

In the second amended complaint, filed Jan. 20, Sutter again accused Robinson of breach of contract, charging that Robinson has failed to pay the proposed class wages due Jan. 15. The employees stand to miss a second scheduled paycheck Friday, the last day of the month without a budget in place.

Wright reminded Sutter that Robinson has qualified immunity in Arkansas as the county judge, although Sutter maintained Robinson is not a state employee.

Robinson was also accused again of converting payment the employees were due and taking without just compensation.

Castleberry requested to Wright that the second amended complaint be dismissed in entirety, but he agreed to the Rule 54(b) certification.

“I’m just trying to get to the appellate court,” Sutter told Wright. “The state constitution says there is a remedy for every wrong.”

Wright responded: “Somewhere,” in the constitution.

Sutter told the county employees in the gallery: “Sorry, everyone. I did the best I could,” shortly after Wright adjourned the hearing, and left the courtroom. Sutter told the court he would amend the complaint Thursday evening.

The defense has 10 days to respond to the amended case once filed, Wright ruled. The case was originally filed April 30 and first amended July 1.