BENTONVILLE -- A local attorney is suing to get documents from the district court in Rogers.
Rogers attorney Doug Norwood filed a lawsuit Wednesday on behalf of Bryan Powell against Connie Watson, who is the clerk for the Rogers Division of the Benton County District Court.
Powell is an attorney in Benton County.
According to the complaint, Powell provided Watson with a letter at 10:13 a.m. June 26. Powell wanted a copy of all documents that pertain to any and all cases appealed out of the district court for the past three years, according to court documents.
According to the complaint, Watson notified Powell on June 30 that in order to pull the files that Powell would be required to pay her salary for however long it took to produce the records.
Powell countered in a second letter that he would pay reasonable postage fees, according to court documents.
The lawsuit claims that more than 72 hours passed and there has been no further response by Watson. The lawsuit alleges that Watson is in violation of the state Freedom of Information Act.
Watson was not in the office Thursday and could not be reached for comment. Chris Griffin, staff attorney for the city of Rogers, said he had seen the complaint and discussed the issue with Watson.
Griffin said Watson is a city employee and is responsible for state records, but she only answers to a state judge. Griffin said neither he, the mayor nor the city council can dictate how the district court responds to an information request or what its internal policy is for dealing with one.
"Due to the strange circumstances, the fact that my office prosecutes in that court with that clerk, and because Ms. Watson wasn't following city procedures when responding to the FOIA request, I doubt I will be representing her in this case," Griffin said.
Griffin said he has contacted the Arkansas Administrative Office of Courts and the Arkansas Municipal League for guidance.
Norwood said Powell requested the information after Rogers District Judge Paul Bridges ordered one of Powell's clients to post a bond to stay out of jail while he appeals the case to circuit court.
Norwood said they want the judge to order Watson to provide Powell with the information that he requested.
State Desk on 07/03/2015