High court may get contempt case involving ex-judge

BENTONVILLE — A special prosecutor will ask the Arkansas Supreme Court to determine whether a former Benton County circuit judge should have a trial on his contempt finding.

Emily White was assigned as special prosecutor to Jon Comstock’s case after Benton County Prosecuting Attorney Nathan Smith recused.

White filed a motion last week requesting the proceedings in the case be stopped. She expected to file an appeal to the state Supreme Court and wants the proceedings halted in the contempt case until the higher court rules on whether Comstock should have a trial in circuit court.

Rogers District Judge Chris Griffin found Comstock in criminal contempt July 8 and sentenced him to five days in the Benton County Jail. Griffin suspended all but 12 hours of the sentence. Comstock served those 12 hours immediately following his sentencing.

Green found Comstock is entitled to a trial and an appeal. She noted circuit court is the highest appellate trial court in the state.

White’s motion states she is seeking appellate intervention of Green’s decision granting a new trial from a finding by a state district judge while he was hearing circuit court cases on referral.

White believes Comstock’s appeal should be lodged with a higher court instead of being heard in circuit court.

White wants Green to stay the case until a decision is reached by the state Supreme Court.

Jeff Rosenzweig, Comstock’s attorney, did not object to issuing a stay in the case.

Comstock said he was escorted July 8 to the courtroom at the Benton County Jail and was sitting in an area behind a glass window where he could see, but not hear,

the proceedings. The audio was either turned off or not working, he said.

Comstock said he attempted to make Griffin aware of the issue with the audio, and Griffin instructed him to sit down. Comstock said he complied with the judge’s instructions, and Griffin conducted several hearings while Comstock was unable to hear.

Griffin completed the hearings, and Comstock said he was getting ready to leave when a deputy told him Griffin wanted to speak to him.

Comstock said he went into the courtroom and the two discussed whether Comstock had a right to hear the proceedings.

Griffin then found him in contempt and issued the sentence, Comstock said.

Comstock, 72, of Rogers was appointed in 2011 to fill a vacant circuit judge’s position in Benton County. He served as circuit judge from June 2011 to December 2012. He lost an election in May 2012 to keep the job when he was defeated by Tom Smith, who still serves.