The Arkansas Supreme Court on Monday assigned a retired circuit judge from Fayetteville to the 1st Judicial District, giving him the authority to assign, reprioritize and preside over cases in the Delta’s troubled court system.
Kim Smith, who spent 15 years as a prosecutor and a judge in Northwest Arkansas, also will serve as a consultant, reporting his observations and recommendations to the Supreme Court.
The 1st Judicial District encompasses Phillips, Cross, Monroe, Lee, Woodruff and St. Francis counties.
The high court began scrutinizing Phillips County’s criminal court last year after a months-long investigation by the Arkansas Democrat-Gazette exposed numerous problems within the county’s justice system, such as:
Bench warrants that were not served for years because former Phillips County Sheriff Ronnie White refused to enter fugitive warrants into criminal databases used by law enforcement officers.
A backlogged court docket with cases that languished for years with no resolution.
An outdated and overburdened court-term system that resulted in cases being dropped by the deputy prosecutor, often for lack of defendants and witnesses, or dismissed by judges because of violations of laws requiring trials within a specific time period.
Smith, who met last weekwith the justices and the 1st Judicial District’s five circuit judges and Prosecuting Attorney Fletcher Long, declined Monday to discuss his new role.
“He prefers not to comment at this point,” said Stephanie Harris, communications counsel for the Supreme Court.
“He will know more once he is able to get to Phillips County, talk to the judges and assess the issues,” Harris added. “Then he will be better able to determine how he might be able to help.”
Monday’s decision was rendered in response to an audit of Phillips County’s court system that the justices ordered last year. The justices also considered comments from judges within the 1st Judicial District.
“After reviewing the audit findings and discussing with the 1st Judicial District circuit judges options for resolving the docket issues, we conclude - and the circuit judges agree - that the circuit court would benefit from the assistance ofan independent consultant,” the justices’ per curiam decision states.
Smith will have the full authority of a circuit judge. In its decision, the Supreme Court directed the 1st Judicial District’s circuit clerks and judges, as well as all court personnel, to cooperate with and assist Smith.
“We are confident in the ability of the circuit judges to handle their caseloads, and we know that they will benefit from Judge Smith’s experience and expertise,” the justices wrote in their decision.
Reached Monday afternoon, Circuit Judge Ben Story said he looked forward to meeting with Smith, whom he’s known for more than 20 years.
“We welcome the Supreme Court’s interest and Judge Smith’s expertise. I have a lot of respect for him, and I think he is an excellent judge,” Story said. “I think he will make some suggestions to us that will improve how we conduct business in Phillips County,and that’s the sentiment of all five judges.”
Story, who is the administrative judge of the 1st Judicial District, said that the judges talked with Smith during a meeting last Tuesday with the Supreme Court in Little Rock. The judges and justices discussed matters that still need to be addressed in the judicial district, as well as the progress that has been made over the past several months, Story said. An example of changes, Story said, is that he and Circuit Judge Kathleen Bell would begin hearing misdemeanor appeals in St. Francis and Phillips counties respectively. Bell will also be hearing the majority of pleas and arraignments in Phillips County, he said.
Circuit Judge Richard Proctor said he hopes Smith’s advice will help improve the court system in not only Phillips County but the district as a whole.
“I’m very pleased that Judge Smith is coming to help us in addressing the issues that I feelneed to be addressed in our district,” he said. “I have not heard any negative comments about it.”
Proctor said he hopes that Smith will look at not only how the court functions but also the funding needs of the district.
“There is a serious funding problem in this area,” Proctor said.
For example, all felony cases in Phillips County are handled by only one part-time prosecutor, Deputy Prosecuting Attorney Todd Murray. And “his office is surely underfunded,” Proctor said.
The Phillips County sheriff’s office also could benefit from additional money for personnel to staff an Arkansas Crime Information Center computer system, he said.
Circuit Judge L.T. Simes, who along with Proctor, hears the majority of criminal cases within the judicial district, said he’s happy with the Supreme Court’s decision to make Smith a consulting judge but still hopes that Phillips County willone day create and fund a position for a case coordinator who would keep track of the docket and serve as a liaison for law enforcement and circuit clerks and judges.
Simes also thinks the addition of law clerks to the 1st Judicial District would help, given that the circuit judges must travel from county to county, where numerous cases await in each.
As for Smith, Simes said he welcomes him to Phillips County and looks forward to hearing any advice Smith can offer.
“He’s a man of integrity,” Simes said. “He’s a good guy. I think he’ll come in with an open mind, without any kind of a personal agenda. Anything that will improve justice in the 1st Judicial District - I’m all for helping that happen.”
Front Section, Pages 1 on 02/12/2013