|
|
| |
| Sun, Nov. 23, 2008 |  |
 |
|
||
| |
For second time, panel recommends disbarment for Stilley Saturday, Jun 21, 2008 By John Lyon Arkansas News Bureau LITTLE ROCK - A state panel recommended disbarment Friday for Fort Smith lawyer Oscar Stilley, who already faces disbarment proceedings in a previous disciplinary action. The Arkansas State Supreme Court Committee on Professional Conduct ruled at a hearing Friday that Stilley, 44, had violated three rules of conduct for Arkansas lawyers. The finding followed a December ruling by the panel that Stilley had violated 23 rules of conduct. Because disbarment has been recommended in both cases, the two cases will be combined into one, said Stark Ligon, the committee's executive director. A pre-trial hearing in Stilley's case is scheduled for June 30. Special Judge John Lineburger of Rogers will preside over the hearing and ultimately will decide whether Stilley should be disbarred. Stilley's Arkansas law license has been suspended pending disbarment proceedings. The hearing Friday addressed a written complaint by Sebastian County Circuit Judge Stephen Tabor, who accused Stilley of misconduct in a long-running tax lawsuit involving the University of Arkansas at Fort Smith and the Fort Smith School District. The committee agreed with Tabor that Stilley violated rules of conduct when he issued subpoenas and deposition notices in March 2007 to several people, including UAFS Chancellor Paul Beran, U.S. Magistrate James Marschewski and Fort Smith Mayor Ray Baker. By issuing the subpoenas, Stilley disobeyed an order from Tabor that he not relitigate settled matters, the committee found. Issuing the subpoenas also served no purpose other than to burden the people who were subpoenaed, the panel ruled. Stilley argued that no evidence was presented of a specific order he was accused of violating. "Let's see the specific language that said, 'Mr. Stilley, don't do A or don't do B.' There is not any such order in this case," he said. The committee also found that Stilley engaged in conduct prejudicial to the administration of justice when he stated at a March 2007 hearing that Marschewski, formerly a circuit judge presiding over the tax case, had lied about having connections to UAFS. Marschewski had refused Stilley's motion to recuse himself because the judge had been a member of a citizens' committee that supported merging the Fort Smith campus into the University of Arkansas system. Stilley argued that because no evidence was presented to show that the statement was false, disciplining him for it would violate his First Amendment right of free speech. "Truthful statements are protected before this tribunal or any other," he said. The committee rejected an allegation that Stilley engaged in conduct prejudicial to the administration of justice when he sent a letter about the tax case to the Times Record newspaper in Fort Smith. Stilley refused to testify as a witness at Friday's hearing, saying he should not be compelled to testify because judges he had attempted to subpoena for depositions had the subpoenas quashed. Talking to reporters after the hearing, Stilley complained that many of his motions were denied with no explanation or discussion. "Due process requires a reasoned ruling," he said. |
