Judges to meet on petition to remove Circuit Clerk
by May 20, 2011 12:15 pm 82 views
Sebastian County Circuit Court Judges will meet Monday (May 23) to discuss how they will handle a petition filed Thursday that seeks the removal of Sebastian County Circuit Clerk Ken Blevins.
Fort Smith attorney David Dunagin, who represented three deputy circuit clerks in their complaint against Blevins, filed the petition, which suggests it is in the “best interests” of the county for the six judges in the Circuit to remove Blevins.
A three member Sebastian County grievance committee — Tom Cannava, Lisa Sellers and H.B. Stewart — ruled May 12 that Blevins sexually harassed office employees and created a hostile work environment. But the ruling was hollow in that it the grievance committee has no enforcement power against an elected official.
The grievance hearing was called by Sebastian County Judge David Hudson after several complaints were filed against Blevins detailing alleged acts of harassment and retaliation. Complaints against Blevins included frequent inappropriate touching, retaliation against employees, inappropriate sexual comments and wage discrimination.
Judge Michael Fitzhugh has assigned the case to Judge James Cox, according to a response to a KFSM 5 News question about the petition process.
If the six Circuit Court judges recuse themselves from the case, a special judge would be appointed to adjudicate the petition.
Spears told KFSM 5 News he expects a statement following the meeting.
Arkansas law (ACA 14-14-1311) provides for the removal from office of an elected circuit clerk by the judges of the respective circuit. The law succinctly notes: “The circuit court shall have jurisdiction, upon information, presentment, or indictment, to remove any county or township officer from office for incompetency, corruption, gross immorality, criminal conduct, malfeasance, misfeasance, or nonfeasance in office.”
Blevins has said he will not resign and intends to fight any effort to remove him from office.