Lawyer claims right to carry gun in state courthouses
BENTONVILLE — A Fort Smith lawyer is questioning why he isn’t allowed to take a gun into courthouses and courtrooms in the state.
W. Whitfield Hyman said Arkansas law allows lawyers to have guns in courtrooms because they are considered officers of the court.
“Most people don’t want attorneys to carry in the courtroom, but that’s a significant strain on my constitutional rights,” Hyman said. “If attorneys are officers of the court, then this statute — the law — is rock solid.”
Hyman said the Arkansas Legislature amended the statute covering possession of deadly weapons in publicly owned buildings and facilities to allow officers of the court to carry firearms in courtrooms even when they are not carrying that firearm in the line of duty. Act 1087 of 2017 says “a law enforcement officer, officer of the court, bailiff or any other person authorized by the court is permitted to possess a handgun in the courtroom of any court or a courthouse of this state.”
The Arkansas Judiciary, in Rule 3.3, sets the duties for lawyers as “officers of the court,” he said.
Benton County prosecutor Nathan Smith said his deputy prosecutors are qualified and can legally carry handguns, but they do not take guns into courtrooms. He said it is up to judges to decide whether lawyers can have weapons in the courtroom.
Benton County sheriff ’s deputies in December refused to allow Hyman to carry his gun into the courthouse. Hyman then sent letters to five counties — including Benton, Washington and Sebastian — asking about his right to carry his weapon.
He said he hadn’t received any response that agreed with his opinion.
“They don’t want attorneys carrying guns in the
courtroom,” he said.
Brian Lester, the county attorney of Washington County, said Joseph Wood, the county judge, has authority over all county property, and Wood won’t allow lawyers to take guns into the courthouse.
“The county judge is interested in making sure people are safe,” Lester said. “Our policy will be to turn them around. … He is an officer of the court, but he doesn’t have a key to the courthouse.”
Barry Moehring, county judge in Benton County, said he’s going to respect circuit judges’ decisions concerning the issue.
“The public should feel safe coming into the building,” he said.
Moehring said he respects
concealed-carry permit holders, but the courthouse may not be the right place to enter with a gun.
Judge Doug Schrantz, the administrative judge for Benton County’s circuit judges, said they discussed the issue and are against lawyers carrying guns into their courtrooms.
“It’s the current policy, and I don’t anticipate any changes,” Schrantz said.
Bailiffs, deputies and police officers are authorized to have firearms in the courthouse and courtrooms, but Schrantz said police officers or deputies attending court for personal reasons, such as a divorce, should not have their weapons.
The state Legislature tackled several gun issues in the 2017 session. Act 562, which took effect Sept. 1, created an “enhanced” concealed-carry
license, which allows permit-holders who take eight hours of extra training to carry weapons onto the campuses of public two- and fouryear colleges and into many public buildings. Courthouses are excluded.
A school shooting that killed 17 people in Parkland, Fla., last month has pushed guns to the front of the national stage. The shooting at Marjory Stoneman Douglas High School on Feb. 14 prompted a national school walkout March 14 and Saturday’s “March for Our Lives” in support of school safety.
Courts and courthouses have not been immune from gun-wielding subjects. James Ray Palmer, 48, of Kibler fired 70 to 90 rounds from an assault rifle inside the Crawford County Courthouse and outside on its lawn on Sept. 13, 2011. He shot a judge’s case
coordinator before police killed him in a shootout.
The circuit judge, who presided over Palmer’s divorce, was the intended target.
Elsewhere, two court bailiffs were killed in July 2016 in a shooting in the county courthouse in St. Joseph, Mich., according to the Detroit Free-Press. Police killed the suspect.
Lester said certified law enforcement officers are in charge of security at court facilities, and he doesn’t see the need for a lawyer to carry a gun into a courtroom.
There’s a big concern about the possibility of a person grabbing a gun and doing “quick damage in a small amount of time” in a courtroom, he said.
“I’m a big gun-rights person,” Lester said. “If I’m going to be somewhere protected, then I don’t know why there’s
a need to carry.”
Springdale lawyer Billy Bob Webb said he has had a concealed carry permit for years, but he would worry about a client getting a weapon if lawyers had guns in court.
“I feel perfectly protected by the sheriff’s deputies,” he said.
Bentonville lawyer Will Trentham disagreed.
“Every time I have to disarm myself, it is a time that I can’t protect myself,” he said.
Trentham said he also believes lawyers are officers of the court.
Benton County Chief Public Defender Jay Saxton said prosecutors, public defenders or private lawyers should not have guns in courtrooms.
“The more guns that you have, then the more potential that there will be a issue,” he said.
Law enforcement officers are trained to use weapons and to de-escalate situations.
“Most police officers or deputies may have been placed in stressful situations where an armed response may have been necessary,” Saxton said.
Most lawyers do not have that experience, he said.
Tony Hillard, president of the Arkansas Bar Association, said the organization does not have an official position on the debate. He said the association supports the Arkansas Supreme Court’s plan to set security measures for courts statewide to ensure safety for everyone.