Jefferson County Judge Gerald Robinson has filed a response to a Paragould law firm’s motion to dismiss an Aug. 1 appeal to a ruling by a special county judge to have vouchers for payment turned in.
Eleventh West Circuit Judge Rob Wyatt on Aug. 4 ordered a stay of the ruling from Efrem Neely Sr., who was appointed special county judge from Gov. Sarah Huckabee Sanders to a case filed by Branch Thompson Warmath Dale & Butler law firm against Robinson over missed payments from a 2023 lawsuit Robinson filed that special Circuit Court Judge Randy Wright ruled in his favor on Jan. 6 of this year. The ruling from Wright was actually written last Dec. 26 and determined Quorum Court meetings without an active procedural ordinance are invalid.
Neely ruled July 29 all outstanding invoices from Branch Thompson Warmath Dale & Butler be collected by County Clerk Shawndra Taggart for him to approve and sign.
In his appeal filed Tuesday by attorney Casey Castleberry, Robinson states the case arises out of legal fees that nine Jefferson County justices of the peace incurred in connection with the 2023 lawsuit. It is not clear which nine responded, as all 13 members of the Quorum Court were sued because they cannot be sued separately.
Independent reporting for Pine Bluff & Jefferson County since 1879.
“The nine justices of the peace were respondents in the Original Action, and they retained Plaintiff to represent them in that case,” Castleberry writes in the response. “On December 26, 2024, Hon. Wm. Randal Wright, sitting as Special Circuit Judge in the Original Action, signed an Order, which (1) granted the petitioners’ request for declaratory judgment in finding that the procedural ordinance at issue, Ordinance 2023-5, was invalid, and (2) denied the respondents’ counterclaim for writ of mandamus.”
The law firm in April claimed the nine justices of the peace did not pay any legal fees in connection with the lawsuit filed in 2023.
The response claims each individual justice of the peace agreed to this statement: “I understand that I have a duty to ensure that fees are paid timely in accordance with this agreement and if funds are not sufficiently appropriated, I will be personally responsible for said payment.” The defense also claims Robinson was not a party to any of the fee agreements and signed neither of them.
In an answer to a complaint filed Aug. 4, according to the latest response, the defense asserted:
• “The breach-of-contract claim fails because only the county judge has the authority to enter into contracts on behalf of the county;
• “the breach-of-contract claim fails because neither Jefferson County nor Judge Robinson was a party to the contracts; and
• “the quantum meruit claim fails because there were enforceable written contracts between the Plaintiff and the justices of the peace.” (“Quantum meruit” is Latin for “what one has earned.”)
The defense argues Robinson is a party to the county court case with standing to appeal and the Quorum Court members are not necessary parties to the Circuit Court appeal.
“There is no obligation to join the justices of the peace as parties to this case, and even if there was, that obligation would be the responsibility of the Plaintiff, not Judge Robinson,” Castleberry argues.
The defense adds Robinson is not seeking any affirmative relief and is simply defending against a claim made by the plaintiff.
A hearing date has not been set.