BENTONVILLE -- A local circuit judge granted a trial to Jon Comstock, who was found in criminal contempt while attending bond hearings at the Benton County Jail.
Judge Robin Green issued the ruling at a hearing Thursday.
Rogers District Judge Chris Griffin found Comstock, a former circuit judge, in criminal contempt July 8 and sentenced him to five days in the Benton County Jail. Griffin suspended all but 12 hours of the sentence. Comstock served those 12 hours immediately following his sentencing.
Jeff Rosenzweig, Comstock's attorney, filed an appeal of Griffin's decision. Rosenzweig requested a new trial.
Green said Comstock hasn't had a trial, but he was held in criminal contempt.
Benton County Prosecuting Attorney Nathan Smith said at Thursday's hearing Comstock was held in direct criminal contempt, and the question is who can review the decision. Smith said Griffin was sitting as a circuit judge, so Smith didn't think another circuit judge should be assigned the case and it should be sent to the Arkansas Supreme Court.
Green found Comstock is entitled to a trial and an appeal. She noted circuit court is the highest appellate trial court in the state.
The judge scheduled a status hearing for Sept. 19.
Smith said he will decide within 30 days whether to recuse his office from the case. Smith said he and Comstock are on opposite sides on whether to expand the Benton County Jail, but he doesn't have any animosity toward Comstock.
Green denied a motion from Rosenzweig to recuse. Green said she normally hears appeals of decisions by Griffin and the other district judges, and she feels she can be fair.
Comstock said he was escorted July 8 to the courtroom and was sitting in an area behind a glass window where he could see, but not hear, the proceedings. The audio was either turned off or not working, he said.
Comstock said he attempted to make Griffin aware of the issue with the audio, and Griffin instructed him to sit down. Comstock said he complied with the judge's instructions, and Griffin conducted several hearings while Comstock was unable to hear the proceedings.
Griffin completed the hearings, and Comstock said he was getting ready to leave when a deputy told him Griffin wanted to speak to him. Comstock said he went into the courtroom and the two discussed whether Comstock had a right to hear the proceedings.
Comstock, 72, was appointed in 2011 to fill a vacant circuit judge's position in Benton County. Comstock served as circuit judge from June 2011 to December 2012. He lost an election in May 2012 to keep the job when he was defeated by Tom Smith, who still serves.
Comstock also has run for the state Legislature twice as a Democrat. He unsuccessfully challenged incumbent Sen. Cecile Bledsoe, R-Rogers, in 2018. He then ran in 2020 for the state House District 96 seat but lost to Joshua Bryant, R-Rogers.
Jon Comstock