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Supreme Court won't recuse in Stilley case Friday, Feb 1, 2008 Arkansas News Bureau LITTLE ROCK - The justices of the state Supreme Court said Thursday they would not recuse themselves from hearing a motion by a Fort Smith lawyer who has been suspended and faces possible disbarment. Lawyer Oscar Stilley argued that because the justices had referred a matter involving him to the Supreme Court Committee on Professional Conduct, they had become his accusers and could no longer be considered unbiased. "We disagree and state that the members of this court are not biased against Mr. Stilley in any respect," the Supreme Court said Thursday in a per curiam order. Last May, Sebastian County Circuit Judge Stephen Tabor ordered Stilley to pay nearly $41,000 in fines after finding that Stilley had not fully complied with an order to pay fines that were assessed against him in 2005. Those fines resulted from a ruling that Stilley was in contempt of court for failing to submit financial documents after he claimed he was unable to pay sanctions assessed against him in 2002. Then-Sebastian County Circuit Judge James Marschewski issued the original sanctions against Stilley for filing a tax lawsuit that Marschewski said was frivolous. In October, Stilley filed a motion seeking to expand the record in the case, saying he wanted to file additional relevant documents. The motion also asked the Supreme Court to direct Tabor to issue a final order in the case - Stilley claimed there was no final order from which he could appeal - and order Tabor to recuse himself from further participation in the case. After the Supreme Court denied that petition in November, Stilley filed a motion in December asking the court to reconsider its ruling. He also asked the Supreme Court justices to recuse themselves from considering the motion. The motion to reconsider was denied in part and granted in part. The court said it would not order Tabor to issue a final order or recuse himself, but it did grant the request to expand the record. "We add this caveat, however. Should it be determined ... that the expanded record was not sought for a proper purpose, Mr. Stilley will be subject to appropriate sanctions by this court," the court said in the per curiam order. The Committee on Professional Conduct voted in December to initiate disbarment proceedings against Stilley, finding that he committed 23 violations of the rules of conduct for lawyers. He has been placed on interim suspension while disbarment proceedings are pending. |
