Cycle Breakers
We’ve written at length about Fifth Division Judge Willard Proctor and his Cycle Breakers probation program. On March 20, in response to inquiries by Proctor, Attorney General Dustin McDaniel handed down a pair of opinions regarding the way Cycle Breakers handles their money. Those opinions have already resulted in changes for County Clerk Pat O’Brien.
More on the jump...
More on the jump...
In response to Proctor's first question -- regarding whether circuit clerks have the right to collect fees paid by court probationers -- AG Dustin McDaniel sides with Proctor and Cycle Breakers, saying that a Circuit Clerk's office is not allowed to collect fees paid by probationers, only what can be classified as “fines.” The PuCo Clerk’s office has been collecting fees and fines paid by Cycle Breakers probationers since soon after the release of a state audit of Cycle Breakers in June 2007. County Clerk Pat O’Brien reports that Proctor issued an order on Monday stating that the Clerk’s office would no longer be collecting fees for Cycle Breakers. O’Brien said that his office would continue to collect fines, court costs, and payments for drug screens from Fifth Division probationers.
The AG’s second opinion seems to be a strike for Cycle Breakers, with McDaniel opining that an ordinance suggested by Proctor that would allow Cycle Breakers to financially compensate county employees for work as Cycle Breakers group leaders, drivers and counselors doesn’t “reflect any type of contractual agreement” between county employees and Cycle Breakers, and would make it “unclear whether the county employees in question would be performing the services as a part of the duties of their public position, or in a private capacity through a separate agreement or contract with Cycle Breakers, Inc.”
The desire to pay and reimburse county employees out of the Cycle Breakers till has been a long-running quest for Proctor. Back in July 2007, Proctor — via JP Mary Louise Williams — put two proposed resolutions before the PuCo Quorum Court that would have allowed compensation and reimbursement for county employees from Cycle Breakers funds for services to Cycle Breakers and for “tuition, training, meetings, and other classes that they attended to further their qualifications, skills or education.” On Aug. 14, the Quorum Court rejected the first resolution, and Williams withdrew the other.
Read the AG's full opinion here
The AG’s second opinion seems to be a strike for Cycle Breakers, with McDaniel opining that an ordinance suggested by Proctor that would allow Cycle Breakers to financially compensate county employees for work as Cycle Breakers group leaders, drivers and counselors doesn’t “reflect any type of contractual agreement” between county employees and Cycle Breakers, and would make it “unclear whether the county employees in question would be performing the services as a part of the duties of their public position, or in a private capacity through a separate agreement or contract with Cycle Breakers, Inc.”
The desire to pay and reimburse county employees out of the Cycle Breakers till has been a long-running quest for Proctor. Back in July 2007, Proctor — via JP Mary Louise Williams — put two proposed resolutions before the PuCo Quorum Court that would have allowed compensation and reimbursement for county employees from Cycle Breakers funds for services to Cycle Breakers and for “tuition, training, meetings, and other classes that they attended to further their qualifications, skills or education.” On Aug. 14, the Quorum Court rejected the first resolution, and Williams withdrew the other.
Read the AG's full opinion here



Comments
Speaking from the background of one who's spent 30+ years as a professional in psychology, I am appalled by the explosion of legal whores infecting our judicial system. Mediators, counselors, anger management chatatans, psychologist charging $600.00 per assassment when the tests are largely self-administered ,etc are reprehensible yet commonly utilized. This repulsive situation is exponentially compounded by cretins such as Proctor and his Cycle Breaker type scams. The conflict of interest should be as obvious as its reptilian nature.
Posted by: Roym
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March 26, 2008 09:36 PM
From the begining many people have questioned this Judge on mant different levels, including his personal enolvement with a program that HE STARTED called Cycle Breakers.
So let us start from the begining..... some time back a man appeared before his bench - Proctor was the judge involved in this case, and Proctor eventually asked this man if he new Jesus Christ! Now many people in Arkansas will think this is a good thing. I would like you to stop & evaluate the entire circunstances. This man is a Judge. He was not a minister, in a church trying to help a lost soul who needs to find their way back to Christ. I can not help but wonder if the man had replied , "No, I am Jewish," would that of made a difference in the way Proctor handled his case and whatever punishment was handed down.
Now on to the Cycle Breakers: this is a program that is NOT handled by licensed staff. Not unless you include the staff that is presently employed by the state/local government, that are full time in Judge Proctors 5th Division court! Yes, ladies & gentlemen, his staff includes staff, from his court room. The best I can tell is this... you go before this judge for whatever reason (drugs, hot checks, viewing child porn etc...) and if Proctor feels as if you would be a good canidate for HIS program he gives you a choice; jail or Cycle Breakers. Now I ask you - what would you choose? next is the money that these probationers MUST pay to attend this program. It's really a shame. I would like to think that at least some of the people who attend these groups REALLY DO WANT HELP. But how much help can they recv for sexual sickness (that's just my opinion - what else would you call someone who views child porn), anger issues (spouse abuse etc...), drug/alchol issues, WHEN THESE GROUPS ARE NOT SUPERVISED BY PROFESSIONALS! For that matter I have been told they actually spend more time reading the bible and praying than anything. I tend to believe that because the Judge has actually asked a person in front of me "Are you not without sin?" This program of his is a very long program. I believe it's 2-3 years. If you have sexual relations without being married ,you violate the programs rules. If you miss a meeting or violate other rules you PAY A FINE. AND YES THAT FINE GOES TO THIS NON-PROFIT PROGRAM THE JUDGE HAS STARTED. I wonder how many violations that involve fines a probationer is allowed to violate before their probation is revoked. After all, the more the probationers get fined - the more money the NON-PROFIT STARTED BY JUDGE PROCTOR MAKES!!!!
My ENTIRE point to this is a Judge IS SUPPOSED TO BE IMPARTIAL. ANYBODY SHOULD BE ABLE TO APPEAR BEFORE HIS BENCH WITHOUT HAVING THEIR RELIGIOUS BELIEFS ON TRIAL OR IMPLIED THAT BECAUSE OF THEIR BELIFS THEY ARE IN THE MESS THEY ARE IN! Yes as a christian I do believe that a higher power is needed for anyone to be happy in life. But, it's not my responsibility to force it on them. It's my responsibility to lead by example, and maybe someone will want what I have and ask me how to get it. It's then I can share my personal relationship with Christ. Not in a courtroom, by a judge who strangely resembles (by his actions) IN MY OPINION - the orginial "pass the kool-aid, let us all drink from the same cup," the Rev. Jim Jones.
Posted by: Taxpayer in Pulaski County
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March 27, 2008 03:31 PM