Judge, Justices Of The Peace Butt Heads

At A Glance

Committee Assignments

County Judge Marilyn Edwards appointed justices of the peace to committees created by the Quorum Court.

County Services

Joe Patterson (R)

Tom Lundstrum (R)

Rex Bailey (R)

John Firmin (D)

Barbara Fitzpatrick (D)

Eva Madison (D)

Jimmy Mardis (R)

Public Works

Ann Harbison (D)

Rex Bailey (R)

John Firmin (D)

Rick Cochran (R)

Eva Madison (D)

Harvey Bowman (R)

Bill Ussery (R)

Personnel

Butch Pond (R)

Ann Harbison (D)

Mary Ann Spears (R)

Candy Clark (D)

Barbara Fitzpatrick (D)

Ron Aman (R)

Harvey Bowman (R)

Jail/Law Enforcement/Courts

Butch Pond (R)

Joe Patterson (R)

Tom Lundstrum (R)

Candy Clark (D)

Ron Aman (R)

Jimmy Mardis (R)

Bill Ussery (R)

Source: Washington County

— Washington County’s judge and Quorum Court disagree about how many justices of the peace should review county finances.

Two Finance Committees are likely to be duplicating efforts unless a compromise is reached, officials say.

The Quorum Court adopted a proposal last week to create a Finance Committee of the Whole composed of all 15 justices of the peace.

County Judge Marilyn Edwards this week created a five-member Finance Committee. She also made changes to committee memberships she announced last week. Edwards wrote in a memo Wednesday that Roberts Rules of Order, a set of guidelines governing parliamentary procedure, gives her the authority to remove and replace committee membership.

County ordinance allows the rules to dictate legislative procedure, George Butler, county attorney, said Thursday.

As a result, Butler, who legally represents full-time elected officials such as Edwards and Quorum Court members, said a lack of state Legislative procedural guidance or any court rulings clouds which Finance Committee would have authority to decide and send financial matters to the Quorum Court.

Butler doubts the Quorum Court will sue the county judge, or vice versa, over her change in committee structure.

Butler said he’s researching the issue and will issue a formal opinion at the request of some justices of the peace.

In the meantime, both committees could meet back-to-back or on separate days, Butler said.

He feels comfortable with two committees because neither has final say to authorize county legislation, he said.

“Both committees can pass finance business and pass it along to the Quorum Court,” Butler said.

Edwards wasn’t available for comment about her choices.

County judges in the past have been given the privilege to create committees, select membership and appoint leadership, she said last week.

The Quorum Court decided last week committee members would chose chairmen.

Edwards chose Justices of the Peace Mary Ann Spears, Butch Pond, Rick Cochran, Barbara Fitzpatrick and Ann Harbison to serve on her Finance Committee. Most of those routinely vote in favor of financial requests from the judge and other county officials.

She didn’t include Justice of the Peace Candy Clark, Finance Committee chairwoman, during the 2011-12 term who Edwards named to her position.

“I wish them the best of luck,” Clark said bluntly.

Justice of the Peace Eva Madison proposed having all members included in a Finance Committee, which does the brunt of the county’s legislative work. In most committee meetings, all Quorum Court members attend meetings anyway, Madison said. Everyone is given a chance to speak before committee members vote.

Monthly finance issues in recent years have been handled by a six-member Finance Committee. A Budget Committee of the Whole composed of all justices of the peace met irregularly to create and adopt the annual budget.

Madison was also a member of last term’s Finance Committee.

“My experience being on finance told me that the work of those two committees is so similar and fundamental,” she said. “If the full court is involved in adopting the budget, then the full court should be involved with revisions later that year.”

Butler said state attorney general opinions have differed on who selects what committees and members. Madison said all attorney general opinions dating back to 1995 have suggested legislative clarification or judicial rulings, but nothing has changed. The Association of Arkansas Counties has been working to research the issue, both Madison and Butler said.

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