CONWAY — The Arkansas Supreme Court on Tuesday denied Faulkner County Administrator Jeff Johnston’s request that his criminal case be randomly assigned to another judge.
The high court “didn’t rule on the merits of [the request],” defense attorney Jeff Rosenzweig said. “They just said they weren’t going to consider it at this time.”
Johnston, 37, was charged in August with felony theft of property because authorities contend he paid for an asphalt project on his private driveway with county money. Johnston, who still works for the county, has said he is innocent.
Prosecuting Attorney Cody Hiland said his office was “obviously ... pleased that the appeal was dismissed by the Supreme Court.”
“We’re thankful for the opportunity to turn our attention back to the substance of the matter, which the state alleges to be the theft of county property by the county administrator,” Hiland added.
Judge Rhonda Wood, who handles mostly juvenile-court cases, signed an arrest warrant and a felony information for Johnston on Aug. 20.
On Aug. 21, the felony charge, an affidavit and an accompanying order in which Wood accepted jurisdiction in the case were filed simultaneously, defense attorneys have said in court documents.
In her order, Wood said another circuit judge had referred the matter to her division because the 20th Judicial District’s other judges must rely on the county administrator for budget issues.
“The belief was that this division would be more appropriate due to Judge Wood leaving for the court of Appeals” in January, she wrote.
Rosenzweig and Johnston’s other attorney, Joe Don Winningham, contended the district’s administrative plan provides that all new filings in criminal cases not involving minors are to be randomly divided between Clawson and Circuit Judge David Reynolds.
The case was never taken to Reynolds, and no random assignment ever took place, they said.
Johnston is scheduled for trial Dec. 6-7.
Winningham still plans to appeal lawyer sanctions handed down against him by Wood, Rosenzweig said Tuesday.
Arkansas, Pages 13 on 11/28/2012