Lawsuit Filed Against Public Defender Commission

BENTONVILLE — A former Benton County deputy public defender claims in a lawsuit she was wrongly fired from her job.

Rogers attorney Stephen Wood filed the lawsuit on behalf of Yvette DuVall against the Arkansas Public Defender Commission in Benton County Circuit Court on Wednesday.

DuVall was hired to work in the local public defender’s office in December 2009, and she became a state employee and commission attorney in July 2010, according to court documents.

The lawsuit claims as a commissioned attorney DuVall was appointed to two-year terms and could only be removed by the commission. She also could only be removed for just cause, according to the complaint.

Gregg Parrish, executive director of the state Public Defender Commission, said Thursday he hadn't seen the lawsuit and it would be improper for him to comment on it.

DuVall met with Didi Sallings, executive director of the commission, in October 2012, according to the complaint. The meeting concerned what DuVall’s lawsuit described as violations and waste in the office. DuVall claimed the problems were caused by Chief Public Defender Jay Saxton, who is in charge of the office.

The lawsuit states at Sallings’ suggestion DuVall sent her an email about the violations and waste. Sallings informed Saxton in December 2012 about Duvall’s communications, according to the complaint.

Saxton gave DuVall a job performance evaluation July 11 and rated her lower in four of five categories compared with her previous evaluation, according to the complaint. DuVall’s overall job rating was deemed satisfactory compared to her previous above average rating, according to the lawsuit.

DuVall filed a grievance to the evaluation July 15. She claimed the poor evaluation was a result of her complaints to Sallings about Saxton, according to the complaint. The commission failed to hear DuVall’s grievance.

Sallings resigned her position July 23. Saxton suspended DuVall by letter the next day as he investigated allegations against DuVall.

DuVall denied the allegations to Saxton, who fired DuVall on Aug. 2, according to the complaint.

DuVall’s lawsuit claims Saxton had no authority to terminate her employment.

The case is assigned to Circuit Judge Brad Karren.

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