Thursday, September 8, 2016

Sherwood and Judge Milas Hale dispute ACLU lawsuit over hot check court

Posted By on Thu, Sep 8, 2016 at 2:33 PM

IN DEFENSE: Judge Butch Hale responds to suit over hot check court.
  • IN DEFENSE: Judge Butch Hale responds to suit over hot check court.

The city of Sherwood and Judge Milas "Butch" Hale III have responded to the ACLU-backed lawsuit alleging that the hot check court they operate amounts to a debtors' prison, with unending fees and jail for people originally charged with misdemeanor hot checks. In short, the defendants say: Not guilty.

Here's the response.
The city and judge deny all allegations of unconstitutional conduct. While admitting some general descriptions of procedure, the response frequently takes exception to how actions are characterized, such as when the lawsuit said one plaintiff was "snared" by the system.Sherwood and the judge say the plaintiffs haven't made a valid claim and that the lawsuit amounts to unlawful collateral attack on criminal convictions. They say their actions were lawful and based on reasonable interpretations of the law.

The response says they have insufficient information to refute many of the individual tales of woe told by individual plaintiffs, beyond initial check charges. They did, however, dispute some factual assertions. For example: one plaintiff's complaint that she was charged for an insufficient fund check when they said it was written from a closed account. And they also disputed another plaintiff's complaint that he still faced $2,600 in fines and costs from a 2009 hot check.

Significantly, the response claims that the court does consider a defendant's ability to pay charges assessed and will work out payment plans. And, among dozens of general denials, they also specifically deny a claim that a plaintiff, Nakit Lewis, was jailed because she couldn't afford to pay her fines. But the response doesn't give an alternative explanation.

No trial date has been set.


Tags: , , , ,

From the ArkTimes store

Favorite

Speaking of...

Comments (12)

Showing 1-12 of 12

Add a comment

 
Subscribe to this thread:
Showing 1-12 of 12

Add a comment

More by Max Brantley

  • UPDATE: Fourth death confirmed in Polk County; suspect identified

    UPDATE: The body of Reilly Scarborough has been found, bringing to four the number of family homicides in Polk County. The nine-year-old was found in woods west of Hatfield. A suspect is in custody.
    • Apr 29, 2017
  • The Saturday open line

    An open line for a Saturday not yet as rainy as predicted, at least everywhere.
    • Apr 29, 2017
  • Baker Kurrus: Opposes Little Rock School District tax proposal

    Baker Kurrus has written a monumental essay explaining why he opposes the proposal in the May 9 special , the Little Rock lawyer and businessman who long served on the Little Rock School Board and spent a year as its superintendent after the state takeover before being fired by Education Commissioner
    • Apr 29, 2017
  • More »

Readers also liked…

  • FOI lawsuit filed for State Police firing records on ABC enforcement boss Boyce Hamlet

    Russell Racop has filed, as promised, his lawsuit over the State Police's refusal — under guidance from Attorney General Leslie Rutledge — to release records that provide information that led to the firing of current Alcoholic Beverage Control Enforcement Director Boyce Hamlet as a state trooper.
    • Sep 9, 2015
  • State Police issues statement on Jason Rapert 'threats'

    The State Police have issued a minor clarification in what appears to be an effort to soothe an enraged Sen. Jason Rapert, exposed here as overly excited about both a Conway parking lot question from a constituent as well as some inflammatory Internet rhetoric that he's interpreted as a dire threat on his life. State cops took his reports seriously, they say. But in the end, they found nothing actionable.
    • Sep 15, 2015
  • Transgender electrician may sue employer over her firing

    Federal Judge Susan Webber Wright has ruled that Patricia Dawson, a transgender woman, may pursue her lawsuit that she was wrongfully fired by her employer, H & H Electric, because of her sex.
    • Sep 16, 2015

Most Shared

  • Workers stiffed

    How is it going with the great experiment to make the Republican Party the champion of the sons and daughters of toil instead of the oligarchs of wealth and business?
  • O'Reilly's fall

    Whom the gods would destroy, they first make TV stars.

Visit Arkansas

Fishing the Diamond Lakes of Arkansas

Fishing the Diamond Lakes of Arkansas

Arkansas angler and fishing expert Billy Murray shares his extensive knowledge of the Diamond Lakes of Arkansas

Most Recent Comments

Blogroll

Slideshows

 

© 2017 Arkansas Times | 201 East Markham, Suite 200, Little Rock, AR 72201
Powered by Foundation