A circuit judge in Jefferson County has ordered a stay of last week’s decision by special County Judge Efrem Neely Sr. to have Jefferson County Judge Gerald Robinson sign off on approval of payment for legal services by members of the Quorum Court.
The July 29 ruling by Neely also ordered Jefferson County Clerk Shawndra Taggart to collect all outstanding invoices from Paragould law firm Branch Thompson Warmath Dale & Butler, also known as Branch & Thompson, for Neely’s approval and signature. On July 30 North Little Rock Attorney Casey Castleberry, representing Robinson, appealed the decision in a letter Neely, who was appointed to the special role by Gov. Sarah Huckabee Sanders.
Neely ruled the Quorum Court exercised its right to retain legal counsel and set aside appropriations for legal funds to hire counsel. Castleberry stated in his appeal a circuit court order pertaining to county funds should be treated as an appeal bond and payments should be held pending a final disposition.
Castleberry successfully argued Sanders’ appointment of Neely was limited to presiding over the case and ordering vouchers for payment fell outside of his scope as special county judge.
According to Monday’s order, handed down from 11th West Circuit Judge Rob Wyatt, all proceedings in the July 1 county court hearing inside the Quorum Court meeting room are stayed “pending further orders” of the circuit court. Taggart is also ordered to not process any payments to plaintiffs, and any payments that have previously been made are to be returned immediately to the registry of the circuit court.
Independent reporting for Pine Bluff & Jefferson County since 1879.
Taggart declined comment. A message seeking comment was left for Attorney Kimberly Dale of Branch & Thompson, who filed the claim in county court that her law firm was not being paid.
Special Circuit Judge Randy Wright ruled in Robinson’s favor on Jan. 6 after Robinson challenged the validity of meetings without an active ordinance on the rules of procedure against all 13 justices.
Robinson filed a petition for mandate and declaratory judgment against the Quorum Court collectively and eight individual justices of the peace in July 2023. The petition addressed the invoices submitted by Dale.
Robinson filed a de novo appeal, so any orders in the county court case “are null, void and of no effect,” Wyatt ruled.
“Whenever it’s appealed from county court to circuit court, it’s ruled de novo, which means start anew,” Castleberry said Monday. “I don’t know what we’ll ask the court to do, but the circuit court could ask for discovery. I assume the plaintiff will file a motion to dismiss the appeal.
“We look forward to presenting our arguments as to why this is not an obligation to the county.”
Previous reporting by Eplunus Colvin of The Commercial was used in this article.