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WEB EXTRA: Toss suits over Cycle Breakers’ fees, county urges
By The Arkansas Democrat-Gazette
This article was published March 11, 2010 at 12:36 a.m.
Pulaski County is calling for the dismissal of a pair of lawsuits over the Cycle Breakers probation fees imposed by deposed Circuit Judge Willard Proctor Jr., arguing that the plaintiffs waited too long to challenge the fees and disputing that they were illegally imposed.
In filings by Proctor and the county, both contend they are also protected by immunity from lawsuit.
Proctor also argues that the defendants voluntarily agreed to participate in such Cycle Breakers programs as “civil probation.”
The fees imposed by Proctor can’t be considered illegal, wrote Proctor’s attorney, Chrishauna Clark, because as a judge, he was authorized by Arkansas Code Annotated 5-4-303 to impose requirements on defendants “reasonably related to the rehabilitation of the defendant and not unduly restrictive on his or her liberty or incompatible with his or her freedom of conscience,” Proctor’s filing states.
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