Driveway-case attorney plans appeal

— A lawyer sanctioned by Circuit Judge Rhonda Wood because he questioned her authority to issue an arrest warrant in a criminal case plans to appeal her decision.

Lawyer Joe Don Winningham’s attorney, Jeff Rosenzweig, filed a notice of appeal to the Arkansas Supreme Court on Wednesday with Faulkner County Circuit Court.

“This notice is filed in an abundance of caution. Upon any further adverse action by the court, a supplemental notice of appeal will be filed,” wrote Rosenzweig, who is joined by attorney Frank Shaw in representing Winningham.

On Oct. 10, Wood finedWinningham $5,000 and gave him 21 days to withdraw the motion that prompted her action in order to void the sanctions.

The judge’s decision came in a felony theft-of-property case against Winningham’s client, Faulkner County Administrator Jeff Johnston, over a 2008 asphalt project at Johnston’s private driveway.

Wood ruled that Winningham had violated “Arkansas Rule 11” by filing a motion saying she was not authorized to sign an arrest warrant for Johnston. She called the motion “frivolous and without a scintilla of merit.”

Rosenzweig countered in another court document recently that Rule 11 is part of the Arkansas Rules of Civil Procedure and does not apply to criminal cases.

Wood handles mostly juvenile-court cases. Winningham has contended that the prosecution was “hand picking” a judge to sign the warrant and should have gone to another judge as provided in the 20th Judicial District’s administrative plan.

Prosecuting Attorney Cody Hiland’s office countered, “Such statements are offensive and ignore the procedural and factual background of this case.”

Hiland said the accusations were “simply made to inflame the process and the parties.”

In another development Thursday, Rosenzweig and Winningham advised the circuit court of their intention also to petition the Arkansas Supreme Court on Johnston’s behalf.

In a notice, the attorneys said they would ask the high court to determine the question of whether Johnston’s case was properly assigned to the 5th Division of Faulkner County Circuit Court. Wood presides over that division.

“The [Circuit] Court has not ruled on the pleadings challenging the jurisdiction, but Johnston believes that the record is sufficiently clear to permit the Supreme Court to rule,” the notice says. “The court has made no response to Johnston’s request to expedite a ruling on his challenges to the case assignment.”

Wood has set the next hearing in the case for Nov. 30. Rosenzweig and Shaw had hoped Wood would call an earlier hearing, but she had not done so as of Thursday.

Northwest Arkansas, Pages 11 on 11/09/2012

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