FAYETTEVILLE -- A series of recusals is delaying determining a hearing date for a lawsuit filed against the Fayetteville School District.
Joey McCutchen and Chip Sexton filed the lawsuit in Washington County Circuit Court on June 25 on behalf of Ila Campbell of Fayetteville, according to court documents.
The complaint was made after two Freedom of Information Act requests submitted to the school district. The requests seek, in part, the district's equity plan, documentation regarding critical race theory, LGBTQ policies and gender support plans, use of the word "Christmas," and the Converge Social Justice Consulting Firm.
Four judges have recused themselves from the case, court documents show. McCutchen said he's never had four judges recuse in one case in his more than 30 years of practice.
"I don't know the reasons that they recused," McCutchen said.
Circuit Judges John Threet and Beth Storey Bryan recused from the case July 6, according to court documents. Circuit Judges Doug Martin and Stacey Zimmerman recused themselves Wednesday. None listed a reason on their notices.
Emails and phone calls to the four judges concerning why they recused went unanswered Tuesday and Wednesday.
Circuit Judge Mark Lindsay is the fifth judge assigned to the trial, according to court documents.
A hearing must be held within seven days, per the Arkansas Freedom of Information Act.
"We're ready to go," McCutchen said. "It's just a matter of getting the date."
The original FOIA request was filed May 17, according to the lawsuit. The request was for all email, internal memos, notes, or other communications to and from district employees and School Board members discussing the requested documents. The request also sought all email to or from any district employees or board member and any member of the Fayetteville City Council or the mayor's office.
The district replied that the FOIA request wasn't sufficiently specific to enable the records custodian to locate the records with reasonable effort, and McCutchen's request should be narrowed to include only the district leadership team.
Fayetteville Public Schools had no comment on trial delays nor recusals, said Holly Johnson, communications executive director.