The executive director of Little Rock's Metropolitan Housing Alliance didn't show up for his first appearance in Pulaski County Circuit Court on Wednesday, and a judge issued a warrant for his arrest.
Rodney Forte was scheduled for a first appearance before Circuit Judge Herb Wright after appealing his conviction in Little Rock District Court last month on a violation of Arkansas' Freedom of Information Act law.
About 45 minutes into the morning session, Forte's case was called up. Neither he nor an attorney representing him was in the courtroom or in the halls outside.
Wright then issued an alias warrant for Forte's failure to appear, stipulating he be held without bail upon his arrest.
Fourth Division Circuit Court case coordinator Susie Stracener said later Wednesday morning that Forte's attorneys contacted the court and reported he said he never received notice of the Wednesday hearing. The appearance was then reset for Thursday morning.
Online court records show a July 7 letter sent to Forte notifying him of the Wednesday proceeding. It said he "must appear in court at this date and time" and notify his lawyer.
Stracener said the warrant remains active, but will likely be addressed at that hearing, which is set for 8:15 a.m.
Deputy Prosecuting Attorney Leigh Patterson said earlier that such warrants are typically resolved when the person is notified of the issue and contacts the court. The first appearance is often simply reset at that point, she said, with the person never actually being taken into custody.
A message left at the Housing Alliance office seeking comment from Forte wasn't immediately returned Wednesday morning. A message left with an attorney on his case also wasn't immediately returned.
Patterson said just after the hearing Wednesday she was "extremely surprised" Forte would "go through the trouble to appeal this case and then fail to appear at the first" proceeding.
Forte was convicted of the Class C misdemeanor on June 4 in the lower district court, with the judge saying the housing director had been "negligent" in refusing to release records requested by the Arkansas Democrat-Gazette.
District Judge Alice Lightle said then that while the requests may have been "numerous" and "burdensome," they were "proper requests for government documents" that went unfulfilled "within the allowable statutory framework."
She said it was Forte's responsibility to "ensure full compliance," adding that anything short of a conviction "would defeat the purpose of the Freedom of Information Act and would undermine the accountability of an agency."
Forte and his attorneys contended the agency attempted to cooperate with the newspaper and that negligent behavior had not been proven.
The charge was filed against Forte after the agency sent the Democrat-Gazette a bill for more than $16,000 for documents requested under the information law. The agency said the money would be used to hire temporary workers and buy extra supplies.
See Thursday's Arkansas Democrat-Gazette for more on this story.