BENTONVILLE -- Ben Lipscomb will not be commissioned to prosecute misdemeanor offenses in Rogers District Court beginning Jan. 1, it was announced Tuesday.
Nathan Smith, Benton County prosecutor-elect, said he will not commission Lipscomb. Smith takes office Jan. 1.
Lipscomb, Rogers city attorney, said last week he was ending plea bargains in all his cases.
Rogers District Judge Paul Bridges and some defense attorneys warned plea bargains could cause a case backlog.
"This policy will create an untenable situation in the Rogers District Court," Smith said. "It will undoubtedly result in a chaotic court docket and a large number of police officers waiting in court for potential trials rather than serving the community."
"Because I cannot support Mr. Lipscomb's new policy, I will not endorse it by extending a commission to him," Smith said. "While Mr. Lipscomb will remain the elected Rogers City Attorney, he will no longer have the authority to prosecute state offenses in Rogers District Court."
A commission refers to the authority given to city attorneys and deputy prosecutors. That authority comes from the prosecuting attorney. The commission is needed to prosecute cases.
Lipscomb said Tuesday morning he was unaware of Smith's decision and he hadn't talked with Smith.
"I defer any comments to my attorney," Lipscomb said.
Rogers attorney Doug Norwood, who represents Lipscomb, also declined to comment.
Bridges voiced his disapproval with Lipscomb's decision last week.
"It's unfortunate that such a measurement had to be taken," Bridges said Tuesday morning.
Chris Griffin was named Rogers staff attorney Sept. 24. Many city attorney duties were transferred to Griffin, who handles legislative duties for the city. That includes acting as legal adviser to officials, boards, commissions and other agencies and representing them in court.
Bonnie Bridges, now a deputy city attorney, will transfer to a staff attorney position Jan. 1. That move left Lipscomb responsible for prosecuting misdemeanors.
Lipscomb recently filed a complaint in U.S. District Court requesting the duties be returned to his office. The complaint states the ordinance passed by the Council violates the U.S. Constitution.
Smith said he wouldn't get involved in the controversy between Lipscomb and the city.
"My decision is based on his stated policy that he was not going to negotiate pleas to prosecute cases," Smith said.
Smith will appoint Bonnie Bridges and Griffin as special prosecutors to handle cases in Rogers District Court.
"They have demonstrated a commitment to vigorous and fair prosecution, including common sense plea bargaining when it is in the interest of justice," Smith said. "Both of these attorneys have experience prosecuting cases for the city of Rogers in the last several years and the public can have confidence in their integrity and commitment to justice. I am grateful to them for accepting the appointment."
Lipscomb could make almost $160,000 a year starting in 2015, but he may not have any job responsibilities.
Lipscomb now earns $148,257 in salary and benefits. He is scheduled to get a raise next year and earn $159,619.
Lipscomb was appointed as city attorney Oct. 14, 1997. He ran for and won the city attorney position in 1998 and he won re-election every two years after 1998. In 2010 he was elected to a six-year term as the election of mayor, city clerk and city attorney was moved to the same year as presidential elections. His term expires in 2016.
NW News on 12/17/2014