District judge plans for 'senior status'
Nearly 13 years after being sworn in as a U.S. district judge for the Eastern District of Arkansas, Leon Holmes of Little Rock has advised President Donald Trump that he intends to take "senior status" on March 31.
Senior status is considered semi-retirement. Most senior judges continue to preside over cases, but at a reduced caseload. It is available for federal judges who satisfy the "Rule of 80" age and service requirements, which means the number of years of service and the judge's age must total at least 80, as long as the judge is at least 65 and has served 10 to 15 years.
Holmes, who began his judgeship at age 53, is now 66.
In a brief letter to Trump dated March 31, Holmes said that upon his retirement from regular active service in a year, "I intend to continue to render substantial judicial service as a senior judge for some period of time thereafter."
Senior judges are entitled to retain their office space and secretarial and law-clerk support as long as the judges render "substantial service" to the court, as determined by the Judicial Council for the 8th U.S. Circuit Court of Appeals, which has jurisdiction over federal courts in Arkansas and six other states.
Holmes was appointed to the bench in 2004 by President George W. Bush.
Judge tosses suit by Realtor's killer
It became official April 11: Another federal lawsuit filed by Arron Lewis, who was convicted last year in the 2014 murder of real estate agent Beverly Carter, has been thrown out of court.
In March, U.S. Magistrate Judge Beth Deere recommended the dismissal of Lewis' pending lawsuit alleging that Pulaski County jailers used excessive force against him and that a Pulaski County deputy prosecuting attorney was deliberately indifferent to his medical needs when he was transported to the jail in May 2015 to review evidence before his murder trial.
Deere noted that Lewis didn't present any information to support his pro-se lawsuit, in which he claimed jailers pepper-sprayed him and dislocated his shoulder because he refused to take a shower. He also said a prosecutor refused to let him go to the hospital until he had finished reviewing the file, which took about two hours.
Deere noted that jailers may use force to regain control of a noncompliant inmate. She said there was no indication the prosecutor even knew that Lewis, whose medical records show him to be a "well-known voluntary dislocator," wanted to go to the hospital, and that a video of him in the library showed he didn't complain of any pain.
U.S. District Judge Susan Webber Wright agreed with Deere and dismissed the lawsuit.
Treasurer's ex-aide loses suit-trial bid
On April 14, Chief U.S. District Judge Brian Miller denied David Singer's request for a new trial against state Treasurer Dennis Milligan and his recently retired chief of staff, Jim Harris. Miller also awarded Milligan and Harris $1,006.84 in costs, to be paid by Singer, a former treasurer's office employee.
Singer alleged that Harris defamed him by publicly distributing an internal email questioning Singer's mental stability, and said Milligan then discriminated against him by firing him because the treasurer falsely believed that Singer had "mental problems," based on the email.
A federal jury cleared Milligan and Harris of both claims on Feb. 4, after hearing four days of testimony. Milligan told jurors he didn't believe Singer was mentally ill but did believe he couldn't adequately perform his jobs at the treasurer's office. Harris admitted writing the email but said he only distributed it to a KATV-TV reporter after he was told it had already been given to her as a result of a Freedom of Information Act request.
Attorneys for Milligan and Harris later asked Miller to make Singer pay them $4,858.09 for costs they expended to defend themselves, aside from attorneys' fees. Miller denied the request for the biggest share of the costs -- transcript fees -- noting that Singer may need the transcripts in his pending claim against Milligan in Pulaski County Circuit Court, and that if he loses there, he shouldn't be subject to paying double costs. Miller agreed, though, that Singer should pay the prevailing parties' other costs of clerk fees, subpoena fees and witness fees.
Metro on 04/23/2017