Here Come da Judges

For the first time in its 166-history, the Arkansas Supreme Court will convene outside its stately home in Little Rock. At 10 a.m. on Oct. 17, all seven justices will sojourn to the University of Arkansas School of Law in Fayetteville to officially hear an interlocutory appeal of an order from senior Benton County Circuit Judge Tom Keith’s court.

Court will be held that day in the law college’s mock trial courtroom before an assembly of law students. Among the legal eagles arguing the matter include Rogers lawyer David Matthews of Matthews Campbell Rhoads McClure Thompson & Fryauf for the defense. Marshall Dale Evans of Fayetteville and Kent Hirsh of Springdale are the plaintiffs’ attorneys.

Robert Moberly, dean of the law school, lobbied for the event as a “learning experience” for his students. The Arkansas Court of Appeals panel routinely hears oral arguments on the UA campus, but only in November 2000 did it become legal for the state’s highest court to convene outside of its courtroom.

The order under appeal is a point from the class-action lawsuit Clarence Worth et al v. the city of Rogers et al, or what is commonly known as the “Amendment 59 taxpayer suit.”

Evans and Hirsh are appealing Keith’s order that taxpayers in Benton County may opt out of the class. Many citizens believe a plaintiff victory will adversely affect the financial well being of Benton County’s five major school districts and cities.