CONWAY -- The 20th Judicial Circuit's new prosecuting attorney said Tuesday that he believes sanctions aimed at ending a speed trap in the small town of Damascus are in effect until the end of 2018.
Questions had arisen about the sanctions because the former prosecutor, Cody Hiland, had said they would remain in place through the completion of his term in office. But Hiland recently left that office to become U.S. attorney for the Eastern District of Arkansas. Gov. Asa Hutchinson appointed Luke Ferguson to serve the remaining portion of Hiland's term, through the end of 2018. The 20th Judicial Circuit covers Faulkner, Van Buren and Searcy counties.
In a two-page statement, Ferguson said he also had reviewed the investigative materials relating to the speed-trap sanctions issued by Hiland earlier this year.
"In my opinion, Hiland correctly applied the statute in question and reached a reasonable conclusion in regard to the imposition of sanctions," Ferguson said. "With that in mind, I see no reason to disturb the opinion that was previously issued."
[DOCUMENT: Read Ferguson's opinion on Damascus speed trap]
Ferguson said his own term in office "can only be defined in reference, to the underlying term to which Hiland was elected in November 2014." Under state law, an interim, or appointed, prosecutor cannot seek election to succeed himself. Ferguson noted that his appointment will end at the same time Hiland's term would have, Dec. 31, 2018.
Damascus, which has about 385 residents, is home to a stretch of U.S. 65, a major traffic route between Conway and Branson. The town lies in Faulkner and Van Buren counties.
In February, Hiland found that Damascus had "abused its police power" and violated the state's speed-trap law. In May, Hiland ordered that the town's police officers quit patrolling along affected highways, including U.S. 65.
Under that order, the town can seek a review of the sanctions after one year has elapsed.
Beau Wilcox, the Damascus city attorney, filed a lawsuit challenging the state law's constitutionality before Hiland left the prosecutor's office. That case is pending in Faulkner County Circuit Court in Conway.
In an emailed statement Tuesday, Wilcox said the town was "disheartened but unwavering" in its belief that the speed-trap law "is unconstitutionally vague and arbitrary, and bereft of any semblance of procedural due process."
Officers from the Arkansas State Police and sheriffs' offices in Faulkner and Van Buren counties have agreed to alternate responsibility for patrols of the affected Damascus highways.
"What is most disappointing is that a heavily trafficked U.S. highway remains only sporadically patrolled by other agencies while Damascus officers are sidelined," Wilcox said Tuesday.
"The reports of motorists flagrantly and dangerously driving along Highway 65 at speeds 30 to 40 miles per hour or more beyond the posted speed limit are numerous," he added.
State Desk on 10/18/2017