How We See It: City Attorney Abuses Power Of His Office

Ben Lipscomb, the Rogers city attorney, won't face criminal charges as a result of invoking his authority to gain access to the Walmart AMP's VIP tent during a Miranda Lambert concert. But there's no doubt Lipscomb is guilty of unprofessional conduct and poor judgment.

Lipscomb's behavior recently came under scrutiny when a Springdale police department employee, working security at the concert, claimed the city attorney flashed his badge and ID to get into the VIP tent, a special venue open only to special ticket-holders. The security worker contends Lipscomb said he was undercover and needed to enter the VIP area when really all he wanted to do was get a beverage. A complaint about his conduct was forwarded to Rogers Mayor Greg Hines and, eventually, to a special prosecutor.

According to the documents related to the investigation, Lipscomb denied saying he was working undercover or that he showed his badge, but did say he showed his ID so he could enter the tent. The reason? His wife wanted a beverage that was only available there.

The prosecutor ultimately decided there wasn't enough evidence to prove Lipscomb committed a crime. It was simply one person's word against another's. A criminal case would have been virtually impossible to make.

But it's also impossible to argue that Lipscomb's actions were harmless. Mayor Hines was right when he said Lipscomb's behavior reflects poorly on the city and on other elected officials. And, of course, on Lipscomb himself.

Essentially, Lipscomb abused his position to get something to which he wasn't entitled. For those who say, "What's the big deal? It was just a drink," we ask this: At what level is abuse of power OK? Who decides that big-timing a security guard is the acceptable, but some other misdeed is not? In this case, we hope it's not the city attorney's call.

Lipscomb's apparent willingness to use the power of his office for such an inconsequential result may seem insignificant, but to others it calls into question his ethical foundation. The city attorney's office is, after all, responsible for prosecuting misdemeanor crimes and traffic violations in district court. That's not exactly a role served well by someone with questionable judgment or situational ethics.

And this isn't the first instance in which Lipscomb has demonstrated poor judgment. Documents obtained by the media show that Lipscomb participated in a nasty squabble via email with another attorney, who eventually accused him of harassment. Mayor Greg Hines any other city employee would have been fired for the unprofessional behavior, but he doesn't have authority to discipline Lipscomb. It was also Lipscomb's poor legal advice that, in part, led to the city paying a sizable settlement to former Rogers Treasurer Jerry Hudlow.

These and other factors call Lipscomb's credibility into question. Is he really the right person to make prosecutorial decisions or give balanced legal advice? We don't anticipate he'll step down from office (though there are those who think he should). Given that, his fitness for office should be something for voters to ponder when the job comes up for election in 2016. We hope it's something other qualified attorneys will consider as well when the filing period opens.