Crawford County library system director changes attorney, alleges ‘reckless’ actions

The back-and-forth over payment of legal fees in the Crawford County Library System case has taken several turns in recent weeks, including the library system director naming a new lawyer and alleging that the previous law firm did not represent the library’s interests.

The controversy began in November 2022 when Tammy Hamby and her husband Dr. Jeffrey Hamby, a Van Buren family physician, worked with the River Valley City Elders to lead a campaign against LBGQT+ books then available through the library system. Attorney Gentry Wahlmeier, who represented Crawford County at the time, cautioned Crawford County officials about removing a book from the library, noting that the U.S. Supreme Court says books cannot be reconsidered for their content.

U.S. District Judge P.K. Holmes III ruled Sept. 30 against Crawford County in a First Amendment lawsuit regarding the removal and relocation of books largely because of objections from citizens to LGBTQ content. Holmes ordered the books be returned to their original locations and plaintiff’s attorney fees be paid by the county. According to the court, the plaintiffs sought an award of $112,978.31, with $108,377.75 for attorneys fees and $4,600.56 for costs. The plaintiff’s attorneys are Terrance Cain of Little Rock and Brian Meadors of Memphis.

What has followed is a dispute between attorneys and county officials about legal fee amounts and who should pay the costs. Crawford County Judge Chris Keith and the Crawford County Quorum Court, then represented by Little Rock-based PPGMR, believe the library system should pay a portion of the legal fees. Keith said “there has never been a formal agreement that all litigation costs, expenses, and fee awards would be paid solely out of the county’s general fund.” On Nov. 27, PPGMR filed a motion asking the court to lower the legal fees of $108,377.75 requested by Cain and Meadors to $86,265.

Plaintiffs, represented by Cain and Meadors, filed a motion Oct. 29 asking the courts to make clear that the county cannot make threats to defund the library or force the library to pay the attorney fees. Cain and Meadors reminded the court of Quorum Court meeting minutes in which it was noted the library system would not be asked to pay legal fees.

As of Tuesday, and based on the most recent information available, legal fees and other costs related to the attempt to relocate books could cost the county around $475,000. That figure does not include legal fees likely to result from motions filed with the court in November and December.

On Monday (Dec. 2), Crawford County Library System Director Charlene McDonough filed a motion with the court saying that PPGMR has “conflicting interests” because it was listed as the system’s attorney but went against the will of the system in agreeing to use library system funds to pay legal fees. Fort Smith attorney Josh Bugeja filed the motion on behalf of McDonough.

“With respect to the Library Director, the PPGMR firm finds itself in the position of advocating for taking money away from the library budget, which has been vehemently opposed by both the former Library Director and the present one, yet at the same time had a duty to advocate on the Library Director’s behalf,” noted the filing by Bugeja for McDonough.

The filing also asks the court to protect the library system “from the reckless and irresponsible actions by the County Judge and Quorum Court in their insistence on promoting and, ultimately, prolonging the indefensible and blatantly constitutional violation in this case, …”

On the same day, PPGMR filed a motion asking to no longer represent defendants in the case.

“PPGMR should be granted leave to withdraw as counsel of record because good cause exists. Specifically, irreconcilable differences have arisen between Defendants which have materially impacted PPGMR’s ability to represent Defendants in this case,” the law firm noted in the filing. “PPGMR is not in possession of any monies or property belonging to Defendants and is prepared to deliver all case files to Defendants or their new counsel.”

Also on Monday, Wahlmeier filed a motion with the court advising that he is now representing Judge Keith and the Quorum Court.