BENTONVILLE — Attorney Patrick Benca will appeal his contempt finding to the Arkansas Supreme Court.
A notice of appeal was filed on behalf of Benca in Benton County Circuit Court by Little Rock attorney Jeff Rosenzweig on Thursday.
Circuit Judge Robin Green ordered Benca to pay a $100 fine after finding him in contempt of court at a hearing last month.
Benca represents Brandon Lacy, who seeks a new trial after being convicted and sentenced to death for the robbery and murder of Randall Walker.
Green warned Benca during the May 22 hearing about interrupting her before she found him in contempt and ordered him to pay the fine. Benca also asked Green to recuse from Lacy’s case at the May 22 hearing, but Green denied the request.
Green recently ordered the Circuit Clerk’s office issue a summons for Benca to appear in her court on 8 a.m. July 2 to explain why he hadn't paid the fine.
The Circuit Clerk’s office hadn't voided the summons, meaning Benca must still appear July 2.
Benca also is one of the attorneys for Nicholas Johansen, who is charged in connection with two counts of capital murder and aggravated robbery in connection with the deaths of his mother and grandmother. Jury selection is scheduled to begin Sept. 9 in Johansen’s case. Green will preside over that case.
Proceedings in Lacy’s bid for a new trial are scheduled to start July 29.