CONWAY — A judge on Wednesday sanctioned the attorney for Faulkner County Administrator Jeff Johnston, fining him $5,000 and calling his motion to have the theft case dismissed frivolous, improper and "without a scintilla of merit."
Joe Don Winningham had sought to have the case against Johnston dismissed, arguing that the state selected "the judge of its choice" when Juvenile Court and Fifth Division Judge Rhonda Wood signed the arrest warrant after Circuit Judge Charles Clawson Jr. declined to do so.
On Wednesday, Winningham made a brief argument before Wood, contending a a state Supreme Court administrative plan does not allow Wood to preside over the case.
Wood, speaking in a stern tone and reading from a prepared statement, countered that the Arkansas Supreme Court and the Arkansas Rules of Criminal Procedure clearly show judges within different divisions have the same power to sign warrants. She called it "well-established law" and said it was inexcusable that Winningham didn't realize that.
Clawson referred the case to Wood because she is leaving for the Arkansas Court of Appeals in January, so her hearing it eliminates a potential conflict of interest since the county administrator works with judges on budget issues. Wood said that referral was appropriate.
"I took an oath to perform the duties of a circuit judge," she said. "Thus, if I am presented with an arrest warrant supported by law, it is my duty to sign it. I have signed arrest warrants for criminal division cases for six years and it's never taken lightly."
In issuing the sanctions, Wood noted that Winningham is a former prosecutor who should have known the rules and pointed out that he previously indicated he would not make such a motion.
"[T]his court is greatly disappointed that this pleading comes following Defense Counsel looking the judge in the eye before the last hearing and stating he would not contest these issues," Wood said, quoting Winningham as telling her "a circuit judge is a circuit judge, and I won't go there."
Jeff Johnston was arrested in August. He is accused of using county money to asphalt a 500-foot-long driveway at his personal home.
In addition to the fine, Wood also ordered Winningham not to charge Johnston for any time he spent on the motion. She reserved a formal ruling on the motion but said she would void the sanctions if Winningham withdraws it within three weeks.
The fine money would be payable to the county Victim Assistance Fund.
"Mr. Winningham is charged with defending his client, but not at the expense of the pursuit of justice," Wood said.
Johnston declined to comment as he left the courtroom. His trial is set for Dec. 6-7.