The Pulaski County Circuit Court was told by the state Supreme Court on Thursday to again review an Arkansas inmate's claims that the state illegally made him pay for his own incarceration.
In its sole decision handed down this week, the high court unanimously ruled that Circuit Judge Chris Piazza failed to address any of the reasons Dexter Harmon gave for why the state should not be entitled to his share of a settlement in a class-action federal lawsuit.
The federal lawsuit -- which claimed inmates detained at the Phillips County jail over several years were not given prompt first appearances in court -- netted Harmon $7,200 when it was settled in 2015, according to court records.
By that time, Harmon was locked up at the East Arkansas Regional Unit in Lee County to serve a 30-year sentence for robbing and beating a store clerk in Sherwood.
The money was deposited in Harmon's prison trust-fund account, despite his requests that it be given to his lawyers.
In early 2016, the state petitioned Piazza to allow the funds in Harmon's account to be deposited in state coffers under the State Prison Inmate Care and Custody Reimbursement Act.
The law allows the state to be reimbursed for some of the costs of incarceration from inmates who have estates while in prison.
In a handwritten response, Harmon asked Piazza to dismiss the state's request, arguing that the state's attempts to seize his settlement went against state law, previous court decisions and the U.S. Constitution.
Specifically, Harmon argued that he had financial obligations to his father for the court to consider. He also pointed to another state law ordering lawsuit awards to prisoners be used to pay off restitution before being transferred to the prisoner.
In a brief order delivered in June 2016, Piazza directed that $4,418.73 be transferred into the state treasury from funds that had been deposited with the court from Harmon's account.
Piazza's order did not address Harmon's arguments. The high court said Thursday that the judge should have determined whether Harmon's claims were valid.
"Under the Reimbursement Act, before the circuit court may issue an order disbursing funds, the court 'shall take into consideration and make allowances for the maintenance and support of the spouse, dependent children ... or other persons having a moral or legal right to support and maintenance," Justice Shawn Womack wrote in the majority opinion.
The Supreme Court justices also made no determination on Harmon's claims.
By remanding the case, the high court told the circuit court to return with a new order addressing Harmon's points within 120 days.
Metro on 06/16/2017