The Arkansas Supreme Court on Thursday upheld a $250 contempt fine against the former mayor of Helena-West Helena, who failed to appear before a legislative committee after receiving a subpoena.
The court unanimously found that James Valley had been served with a valid subpoena, as required by law, when he was ordered to appear at the committee meeting in October 2012.
Valley had argued that he could not be held in contempt because the subpoena was invalid. Only subpoenas accompanied by witnesses fees are valid, he argued.
Justice Cliff Hoofman wrote in the opinion that the law requires witnesses to receive compensation for appearing at hearings but does not require the payment be made upfront.
“[A]ppellant’s interpretation would have this court read a requirement into thestatute that the Legislature has not intended. As such, the circuit court did not err in finding the subpoena valid,” Hoofman wrote.
Valley was subpoenaed to appear at the Legislative Joint Auditing Committee’s Committee on Counties and Municipalities on Oct. 11, 2012, after questions arose about the city’s 2010 audit. Valley did not appear, but other city officials who also received subpoenas attended.
Valley, who is a lawyer, later explained that he missed the hearing because he had several cases on the docket in Phillips County on the same day.
After Valley failed to show up, Legislative Auditor Roger Norman asked the Pulaski County Circuit Court to determine if Valley should be held in contempt.
Valley’s attorney argued during a hearing in January 2013 that the subpoena he received was not valid because it did not include a witness-fee check for $30 and25 cents per mile for travel to the hearing. An attorney for the Legislative Audit Division said witnesses are not sent a check, but instead are provided with forms explaining how to receive compensation. Checks are only issued after the witness appears.
After the hearing, Pulaski County Circuit Judge Jay Moody found Valley in criminal contempt and issued the $250 fine.
Valley appealed the ruling, arguing that the court erred in denying his motion to dismiss.
The Arkansas Legislative Council, Senate President Pro Tempore Michael Lamoureux, R-Russelville, and House Speaker Davy Carter, R-Cabot, filed a friend-ofthe-court brief in support of Moody’s decision.
Norman has previously said that the case was the first instance that he knew of when a public official was held in contempt for not appearing before a committee.
Northwest Arkansas, Pages 20 on 03/16/2014