State asks court to reject appeal of fine

Defense attorney Bill James’ challenge to the $25,000 contempt-of-court fine against him should be dismissed on a technicality, state lawyers argue to the Arkansas Supreme Court in the most recent filing.

James was fined for contempt by Pulaski County Circuit Judge Wendell Griffen in June for violating the judge’s rules on permissible evidence and argument in the first manslaughter trial of former Little Rock police officer Josh Hastings.

James broke the rules 10 times, beginning with his opening statement but mostly in his questioning of two state witnesses who are minors, the judge stated when he imposed a $2,500 fine per occurrence.

Hastings, charged with manslaughter in the death of a teenage car-burglary suspect killed in the line of duty, has been tried twice, but separate juries have been unable to reach a unanimous decision. His third trial is scheduled for May.

James appealed Griffen’s contempt ruling to the Arkansas high court; however, lawyers from the attorney general’s office, which is in charge of handling appeals against the state, claim the case should be dismissed because the judge’s findings were never compiled in a written order. The fine cannot be imposed until it’s formalized in writing, Assistant Attorney General Vada Berger stated in her fivepage brief filed Thursday.

“An entered order, not merely an oral pronouncement, is necessary in order to prosecute an appeal, as orders are not effective until entered,” the brief states. “In the absence of a written order or judgment finding [James] in contempt and assessing sanctions … his appeal should be dismissed for lack of jurisdiction.”

If the high court does not agree the appeal should be dismissed, then state lawyers want a two-week extension of their deadline to file a response to James’ appeal, which would give them until mid-February, according to the brief.

The situation is reminiscent of a dispute between Griffen and federal prosecutors after the judge sanctioned U.S. Attorney Chris Thyer and staff for contempt of court and ordered them to pay $12,702 restitution.

The judge and the prosecutors had been in a standoff for almost 18 months over the judge’s contempt pronouncement, with the prosecutors refusing to pay and the judge refusing to enter a written order on the contempt finding so the prosecutors could appeal the ruling.

Griffen sanctioned the prosecutors in June 2012 for their involvement in a lawsuit in his court that was related to a federal criminal prosecution. The prosecutors, who were also criticized by a federal judge, denied wrongdoing.

Griffen agreed to file the written order in November under the condition that the prosecutors first pay the restitution. The prosecutors have not filed an appeal notice.