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Rumors Abound About Eighth District

BY JOHN MILLER
Published Wednesday, January 29, 1997 in the Nevada County Picayune

Clark County's Prosecuting Attorney, Henry Morgan, has been making disparaging remarks about the Eighth Judicial District.

This is because of a rumored merger with Clark, Hempstead and Nevada counties. According to the rumor, Miller and Lafayette counties, currently in the 8th District with Hempstead and Nevada, would be the 8th District. Nevada and Hempstead counties would be joined with Clark County forming the Ninth Judicial District.

Currently, Clark County is one of six single-county judicial district's in the state.

Danny Rodgers, deputy prosecuting attorney for the 8th District, said he's heard the rumor, but nothing has been introduced to the Legislature yet.

He said the General Assembly is awaiting a recommendation from the Judicial Realignment Commission doing anything about it.

Eighth Judicial Circuit Judge Jim Gunter said, he, too, has heard the rumor, but knows of no legislation being introduced either. "I think Sen. Wayne Dowd is considering introducing a bill into the legislature on it," he said, "but I've seen no written proposals."

Gunter served as prosecuting attorney in Clark County when it was part of the 8th District in the 1970s, and sat on the bench as judge in place of Dub Arnold last year.

One county districts, Gunter said, are ideal situations, but in the case of Hempstead and Nevada counties, doesn't see it as being possible.

In the 8th District, he said, there are four counties with four judges. This creates scheduling problems at times because of cases needing to be heard and getting the prosecution to them.

Under a merger with Clark County, Gunter said, there would be three counties supporting two judges. This would be less expensive to Nevada and Hempstead counties.

The operational expenses of the courts in the Eighth District, Gunter said, is done by a formula set up several years ago. Miller County picks up 38 percent of the tab, while Lafayette and Nevada counties pay 15 percent each. Hempstead County is responsible for the remainder of the expenses. At the time the formula was established, he said, Miller County had 38 percent of the caseload. Now, however, Miller County has more than 50 percent of the cases and adjustments need to be made because the existing formula is inequitable.

A merger, Gunter said, could also result in savings to the counties because with less judges involved, it becomes easier to get cases in court.

Nevada County, he said, has one courtroom. This creates scheduling problems with four judges involved.

In Hempstead County there are two courtrooms, but the four judge problem remains. Gunter said there can't be two jury trials held at one time because of scheduling headaches.

Rodgers said the merge would make the job easier for the prosecution in the 8th District as Brent Haltom wouldn't be the lone prosecuting attorney for four judges in four counties. "One prosecutor can't cover four judges in four counties," Rodgers said, "for jury trials."

Scheduling would be easier as well. He said there are times when he's scheduled to be in two different courts for jury trials at the same time in different counties.

However, Rodgers said whatever happened will first be decided by the Judicial Realignment Commission, followed by the legislature's debating and vote.

"It would be good for everyone but Clark County," Rodgers said of the split and merger. "I like smaller districts. There's less scheduling problems, but I can understand why they don't want the change.

"But the Judicial Realignment Commission has to look at the big picture and decide what's best from its standpoint," he said.

Rodgers puts in 60 to 70 hours a week trying to keep up with his workload as deputy prosecuting attorney for Nevada and Lafayette counties. Nevada County, he said, needs a full-time deputy prosecutor.

Currently, Rodgers is working on four murder trials, which means four separate murder cases, along with two arson cases from the Emmet gym fire. This, he said, will most likely result in two separate cases as well.

In addition to these cases, he said the juvenile caseload is heavier than its ever been, which adds to the scheduling and workload problems.

Morgan, speaking to the Gurdon Rotary Club Thursday, Jan. 22, pretty much trashed the way the 8th District is operated, saying more than 30 percent of its criminal cases are two or more years old and haven't gone to trial, while the Clark County numbers are at 3 percent.

He also said the judge in the 9th District handles more than 1,900 cases per year, while judges in the 8th District try more than 1,600 cases annually each. However, this translates into more then 6,400 criminal cases in the 8th District each year.

Morgan ran the 8th District down saying it takes longer for cases to be brought to trial here, while in the 9th District, criminal cases are heard within a month after an arrest is made, unless there is an objection by the defense, in which case it could be two or three months before the case goes to trial.

"This is fast in Arkansas," Morgan said of the Clark County statistics. "If you're not able to get a case to court within a year, it could be thrown out because of the speedy trial law."

Morgan said in Hot Spring County, 200 cases were dismissed last year because of the speedy trial law. He did not mention if any cases were dismissed in Nevada and Hempstead counties because of this mandate.

He said there would be problems for Clark County in getting court orders signed and arraignments set because of the increased area involved. Defendants must be arraigned within 48 hours of being arrested, while court orders for mental patients must be signed within 72 hours, he said.

Morgan said the merchants in Clark County have been paid restitution of about $160,000 annually, while in Hope this figure is about $40,000 a year.

Additionally, Morgan said there are no unsolved murder cases in Clark County, while telling members of the Rotary Club there are six or seven in Nevada County. He said the drug problem in Hope is out of control.

Morgan also voiced his concerns about the judge and possibly the prosecuting attorney being elected from the Hempstead County area.

Now, he said, with Robert McAllister, who was appointed to fill Dub Arnold's unexpired term, it is easier to get court dates set and trials held in Clark County.

McAllister said he has no desire to travel to Hope or Prescott two or three times a week to go to court, as he now holds court almost daily in Arkadelphia, but is able to get other work done in his office and keep the paperwork flowing.


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