Proctor class action filed | Arkansas Blog

Monday, February 1, 2010

Proctor class action filed

Posted By on Mon, Feb 1, 2010 at 11:54 AM

Local attorney John Wesley Hall Jr. filed a class action lawsuit in Pulaski County Circuit Court this morning, seeking repayment for probationers who paid fees to former Fifth Division Circuit Judge Willard Proctor's Cycle Breakers probation program.

The lawsuit lists Proctor, Cycle Breakers, Inc. and Pulaski County as defendants, saying that they engaged in an illegal exaction by collecting "civil probation" fees without legal authority to do so. The lawsuit points out that the concept of "civil probation" does not exist under state law. The Arkansas Supreme Court said as much in removing Proctor from the bench for a variety of ethical violations, including the civil probation process. 

The lead plaintiff in the case is Carl Brandon Euseppi, who states that he "paid illegal probation, drug testing and other fees to Cycle Breakers, Inc. of more than $1,000." The lawsuit says that Euseppi and others were assigned fees as a revenue source for Cycle Breakers, Inc. "There was an inherent conflict of interest motivating (defendants) to be kept on probation past any reasonable time just to keep them paying," Hall writes, adding that Proctor would use the threat of contempt and imprisonment to keep defendants paying fees. "(T)his was a gross violation of due process and a perversion of justice," the lawsuit says.

The lawsuit says that the property and buildings owned by Cycle Breakers Inc. could be sold to satisfy any judgment.

MEANWHILE: Pulaski circuit judges met today but didn't decide on a proposal by Judge Mary McGowan to take over Proctor's caseload and have his appointed successor assume her work, which includes no regular criminal docket. The proposal will be circulated to all 16 judges for a vote. Judge Alice Gray questioned whether the proposal squared with appointments to judicial seats created in response to a court ruling aimed at increasing the number of black judges.


Comments (5)

Showing 1-5 of 5

Add a comment

Subscribe to this thread:
Showing 1-5 of 5

Add a comment

More by David Koon

  • Blue smoke

    Since 1983, Little Rock's Nichols & Simpson Organbuilders has built a reputation for uncompromising excellence.
    • Mar 2, 2019
  • It's the Best and Worst 2018

    Our annual salute to weird, worrisome, wonderful Arkansas.
    • Dec 20, 2018
  • Fast forward in Blytheville

    The East Coast Timing Association held its Arkansas 1-Mile Challenge in September, where racers from all over the country mixed gasoline, steel and passion in the pursuit of raw speed.
    • Oct 11, 2018
  • More »

Readers also liked…

  • Sabin's subterfuge in the race for mayor has roots in rigged city government

    The Arkansas Democrat-Gazette reports that an ethics complaint has been filed saying that the exploratory committee Rep. Warwick Sabin created to prepare for a run for Little Rock mayor was a subterfuge to avoid the city ordinance that doesn't allow campaign fundraising to begin until five months before the November 2018 election.Of course it is.
    • Aug 10, 2017
  • Use of solar on the rise in Arkansas

    With a pivotal ruling expected any day now from the Public Service Commission, Kyle Massey at Arkansas Business reports on the increase in Arkansans adding solar generation units on their homes and business.
    • Apr 13, 2018
  • Antwan Phillips wants to make a difference in reducing Little Rock violence

    KARK/Fox 16's push to do something about Little Rock violence includes a spotlight on people trying to make a difference — in this episode Antwan Phillips, a lawyer at Wright, Lindsey and Jennings.
    • Aug 30, 2017


Most Recent Comments


© 2019 Arkansas Times | 201 East Markham, Suite 200, Little Rock, AR 72201
Powered by Foundation