News
DUE PROCESS FIRES DEBATE
By Larry Ault/OF THE COMMERCIAL STAFF
Saturday, January 6, 2007 10:37 PM CST
Pine Bluff officials who met recently with state legislators to review the city’s legislative needs during the upcoming legislative session clashed over due process issues and the right to appeal.
At issue was a request to amend nuisance abatement statutes to provide that notice to a property owner, renter or occupant of a nuisance property be waived when the city is seeking a temporary restraining order to remove the nuisance.
The city also proposed eliminating the right of appeal from district court to circuit court for anything besides a Class A misdemeanor or unclassified misdemeanor which carries a penalty equal to a Class A misdemeanor and authorizing trials in absentia.
Referring to nuisance abatement statutes, City Attorney Carol Billings said in many instances the city may not know the identity of property owners.
“I think initially they
Please see DEBATE on 4A
deserve due process,” state Rep. Stephanie Flowers, D-Pine Bluff, explaining the U.S. Constitution will not permit the city to take land without giving notice to a property owner and giving them a hearing.
“I have serious problems with dispossessing people of their property,” Flowers added. “Those are real serious types of actions that deserve attention. The nuisance might be some activity carried on by someone who is not the owner.”
Billings defended the proposal, saying “it only speaks to nuisances.” The city attorney said it seems appropriate to proceed with a temporary restraining order under such circumstances.
Referring to a proposal eliminating the right of appeal from district court to circuit court, state Rep. Earnest Brown, D-Pine Bluff, a lawyer, asked, “Why would we want to remove the right of appeal?”
“It defeats the purpose of a $25 fine,” Billings said. “I think it would benefit everyone up and down the street.”
Brown wanted to know if appeals are a burden to the office of the city attorney. Billings contended people don’t have the right of appeal on minor legal issues in other states.
However, Flowers defended the federal constitutional rights of an individual to appeal any decision, regardless of how minor it may seem. The attorney said she is concerned about court requirements of due process and equal protection of the law being followed.
Among the legislative needs the administration of Pine Bluff Mayor Carl Redus Jr. says should be considered:
Giving cities more purchasing options than competitive bidding.
Providing for a Miranda rights exception for administrative polygraphs conducted during internal investigations.
State payment for juvenile and district court prosecutors and reimbursement of these activities when they are performed by the Pine Bluff City attorney’s office.
Increased duties for juvenile prosecutorial staff should be offset with state funding.
In instances where the value of property is less than the cost of complying with the state’s asbestos regulations, the state should pay the difference in nuisance housing cases.
Amend nuisance abatement statutes to waive notice to the property owner, renter, or occupant of nuisance property when the city is seeking a temporary restraining order to abate a nuisance.
Amend state law to allow a city to destroy or give away property that is obsolete or has no value without the necessity of a resolution or ordinance.
No entity will be allowed to obligate city funds without prior approval from the governing body of the affected city.
Allow the police department to serve criminal summons for violations of state misdemeanor laws or city ordinance violations by certified mail or other means of service authorized by the Arkansas Rules of Civil Procedures and authorizing trials in absentia where the records contains sufficient documentation.
Where sidewalks are available, users of wheelchairs will be required to use the sidewalk instead of streets or highways.
Eliminate the right of appeal from district court to circuit court for any violation besides Class A misdemeanors or unclassified misdemeanor which carries a penalty commensurate with a Class A misdemeanor.
Print this story | Email this story
|
