CONWAY — A judge who had tangled with the defense for Faulkner County Administrator Jeff Johnston will not preside over Johnston’s felony theft-of-property case after all.
Judge Rhonda Wood had set Jan. 16 in Faulkner County Circuit Court for the next pretrial hearing for Johnston, 37. Wood will move to the Arkansas Court of Appeals on Jan. 1, meaning another judge will succeed her in the 5th Division of the 20th Judicial District, which includes Faulkner, Van Buren and Searcy counties.
Matt DeCample, a spokesman for Gov. Mike Beebe, declined Thursday to confirm a Log Cabin Democrat newspaper report that the governor planned to appoint Faulkner County District Judge Amy Brazil to the 5th Division.
Brazil did not immediately return a phone message seeking comment.
Johnston is accused of paying for an asphalt project on his private driveway with county money. He has pleaded innocent.
In November, the Arkansas Supreme Court denied Johnston’s request that his criminal case be randomly assigned to a judge other than Wood.
Defense attorneys Jeff Rosenzweig and Joe Don Winningham have contended the judicial district’s administrative plan provides that all new filings in criminal cases not involving minors are to be randomly divided between Judge Charles Clawson Jr. and Judge David Reynolds.
The case was never taken to Reynolds, and no random assignment ever took place, they said.
Prosecuting Attorney Cody Hiland’s office has said Clawson declined to sign Johnston’s arrest warrant and suggested that it be taken to Wood because she would soon be leaving for the higher court.
Most of Wood’s cases involve youths.
Winningham said Thursday that, assuming Wood denies an amended request to dismiss the case or to have it transferred to another division, the defense probably would still appeal the denial, even though Wood won’t be the trial judge.
Rosenzweig said, “Our position is that the case assignment plan needs to be observed. That’s our position. We had not moved to recuse anyone for bias.”
The defense’s position is that the judicial district’s case assignment plan should be followed “no matter who is the judge,” Rosenzweig added.
Arkansas, Pages 12 on 12/21/2012