On Monday, Circuit Court Judge Holly Meyer gave District Court Judge Chaney Taylor 30 days to restyle his case against Independence County Judge Robert Griffin, making moot the defendant’s motion to dismiss the case.
The defendant’s motion to dismiss on the grounds that Taylor is prohibited from representing his own court in the proceedings.
The order states: “While the Court agrees that a sitting District Court Judge cannot practice law, the Court finds that dismissal is not the appropriate remedy for resolving the counsel issue. Rather, this Court orders that the plaintiff (Chaney Taylor in his official capacity as Independence County District Court Judge) has 30 days from entry of this order to retain counsel other than Chaney Taylor.”
In regards to the motion to dismiss: “The Defendant’s Motion to Dismiss on the grounds that the Complainant fails to present a justiciable controversy or state a claim is denied. The Amended Complaint asks the Court to declare that the Independence County Court Order No. 2021 and the Independence County Attorney Memo of Feb. 5 2021, are “erroneous’ and “contrary to Arkansas law.” The Complainant goes further, to request that the Court make a finding that the Independence County District Court is not required to petition the City of Batesville to fill a vacant deputy district Court Clerk position. When pressed about why the County Court Order is unlawful, the Plaintiff cites two reasons: 1) the County Judge acted beyond his constitutional and statutory authority, and2) ACA Section 16-17-106, the subject of the County Attorney’s Memo and County Court Order No. 2012, is permissive. This Court declines to enter a declaratory judgement opining o n the correctness of a memorandum from the County Attorney, however, there are sufficient pleadings to place the issue of authority to author County Court Order No. 2021 and the meaning of that Order before the Court.”