Benton County judge’s attorneys ask for stay in case

Rule on dismissal first, filing says

Benton County District Judge A.J. Anglin is shown with the seal of the District Court of Benton County in this undated compilation photo. (Courtroom photo, NWA Democrat-Gazette/David Gottschalk)
Benton County District Judge A.J. Anglin is shown with the seal of the District Court of Benton County in this undated compilation photo. (Courtroom photo, NWA Democrat-Gazette/David Gottschalk)


FAYETTEVILLE -- Lawyers for a judge in Benton County who is being sued over not appointing lawyers to represent indigent defendants filed a motion Friday asking the federal judge hearing the case to stop further action until he rules on their pending motion to dismiss the complaint.

The federal lawsuit filed in July claims not appointing a lawyer to represent people who can't afford to hire one in the earliest stages of a criminal case is a violation of their constitutional rights. The case was filed in U.S. District Court in Fayetteville by Doug Norwood and Alison Lee on behalf of Abigail Farella and Logan Murphy. The lawsuit seeks class action certification.

The case names Benton County District Court, Division 4, and District Judge A.J. Anglin specifically, in his official capacity, but says the practice of not appointing attorneys for indigent defendants in the initial phases of their cases is the same in all four district courts in Benton County.

The lawsuit argues Farella and Murphy were both arrested on felony charges and given bail hearings before Anglin. Both were found to be indigent but didn't have attorneys appointed to represent them at their bail hearings.

Indigent means a person can't afford a lawyer for defense in a criminal case. If the court finds a person indigent, it must appoint a public defender or other attorney to represent him. At dispute is when in the process the defender must be appointed.

The motion to dismiss, filed in July, argues judges have sovereign immunity from being sued, defendants have no constitutional right to a lawyer at that point in the proceedings and the plaintiffs have failed to state a valid claim. Anglin is represented by lawyers from the Arkansas attorney general's office.

The motion filed Friday requests all deadlines in the case be stayed until the parties receive notice of the court's ruling on defendants' pending motion to dismiss. A stay is a court order preventing further action until a future event occurs, or the order is lifted.

The brief argues granting the motion to dismiss will prevent unnecessary expense and burden and will further the interest of judicial economy and efficiency.

Lawyers for the plaintiffs do not oppose the stay, according to the motion.


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