Pay lawyer, Shoffner urges court

Former state Treasurer Martha Shoffner asked a federal judge to allow her to retain one of her attorneys at the government’s expense. She is shown in this file photo with attorney Chuck Banks.

Former state Treasurer Martha Shoffner asked a federal judge to allow her to retain one of her attorneys at the government’s expense. She is shown in this file photo with attorney Chuck Banks.

Wednesday, March 26, 2014

Former state Treasurer Martha Shoffner asked a federal judge to allow her to retain one of her attorneys at the government’s expense, saying on Tuesday that her financial resources have been exhausted by legal fees and costs.

A federal jury on March 11 convicted Shoffner, 69, of Newport of extortion and bribery, finding that between mid-2010 and last May, she accepted at least $36,000 in cash from a bond trader who in turn received a disproportionately large share of the state’s bond business.

Shoffner has been represented by attorneys Charles A. “Chuck” Banks and Grant Ballard, both of the Banks Law Firm in Little Rock. The attorneys are continuing to represent her in a challenge to the federal jurisdiction exerted over her case, which she contends was unconstitutional and should result in the convictions being thrown out. She also faces a separate trial on mail-fraud charges accusing her of using campaign donations for her personal use.

In the motion to appoint Ballard to continue representing her alongside Banks, Shoffner said she “has not been successful in her attempts to borrow or secure sufficient funds for her legal defense from family, friends or other financial credit sources. She is now without sufficient funds to pay reasonable and necessary fees and costs for her defense from now through the upcoming trial to jury verdict.”

Banks, who filed the motion on Shoffner’s behalf, included an affidavit of indigency in an effort to show that she now qualifies for a court-appointed attorney under the Criminal Justice Act, which allows a judge to appoint an attorney at government expense if the judge finds the person is financially unable to pay retained counsel.

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On the form, Shoffner noted that she earned $3,000 a month as treasurer until her resignation on May 21 of last year, after the filing of criminal charges. She said her monthly income now consists solely of $1,344 from Social Security and $700 from her state retirement. She said she pays an $892 monthly payment on a mortgage on which she still owes more than $125,000, has monthly utility bills totaling $500 and pays $200 a month on her Visa card. The form was dated Jan. 27.

Shoffner doesn’t say in her motion how much money she has paid in legal fees so far.

She asked that Ballard be allowed to continue representing her, even though he is not on a list of private attorneys in the area that judges routinely appoint if the federal public defender’s office has a conflict, noting that the law allows the appointment “in the interest of justice, judicial economy, or continuity of representation.”

“Ms. Shoffner suggests … that the work of her attorneys to date provides necessary background, insight and ability needed to properly prepare and defend against the charges,” the motion states, adding that the previous work of her retained attorneys “will expedite time and minimize preparation and expenses.”

The motion notes, “Based on Shoffner’s financial situation, she will be unable to pay for representation during the remainder of these legal proceedings.”

It also indicates that Banks will continue as her attorney without seeking to be appointed to represent her at the court’s expense.

In Shoffner’s week-long jury trial, former bond broker Steele Stephens, 52, testified in exchange for immunity from federal prosecution that he received $2.5 million in commissions as a result of the business he received through Shoffner’s office between 2008 and 2012.

Stephens testified that he began delivering $6,000 cash payments to Shoffner every six months - sometimes in a pie box, alongside a pecan or apple pie - after she told him that she couldn’t afford to pay about $1,000 a month in rent for a Little Rock apartment.

She had been living rent free in an apartment in Little Rock, to avoid daily commutes between Little Rock and Newport, until an out-of-state attorney who used the building periodically, and for whom she paid utility bills, closed down his office and the building was put up for sale.

Shoffner, who made $52,000 annually as state treasurer, also recently had lost her access to a state-provided car.

Stephens testified that he felt sorry for Shoffner and offered to give her money to allow her to maintain an apartment in Little Rock. He said there was no agreement for him to pay her in exchange for receiving state business, but he acknowledged his business with the state did increase dramatically while he secretly gave her cash.

Front Section, Pages 1 on 03/26/2014