New Worksheet Will Show Court Disbursements

FARMINGTON — Farmington City Council members will receive a new information sheet on District Court disbursements each month, in light of a legislative audit that found $1.5 million missing from court and city revenues over the past eight years.

The audit report, released to the public Oct. 13, showed that more than $1.5 million in revenues was not distributed to appropriate accounts from District Court revenues from January 2009 to Dec. 6, 2016.

Another $44,000 was not deposited into the city’s General Fund over the same period from revenues for such things as dog or cat city tags and permits for yard sales.

The report accuses former city finance director and court clerk Jimmy Story with misappropriating the money by receiving the money but not depositing it in appropriate places.

Story resigned his position Dec. 5, 2016, and the discrepancies were found by city employees in early 2017. From there, information was turned over to the county prosecuting attorney’s office and then the FBI and Arkansas Legislative Audit.

Story is under investigation by the FBI and U.S. Attorney’s office but no charges have been filed.

The City Council’s meeting agenda packet will show how District Court monies were distributed for the month.

Mayor Ernie Penn said the worksheet gives city officials “another format to verify what’s happening in the court system. The council can see it and see the trends of what’s been collected.”

The worksheet also is another method to provide checks and balances on court revenues and provide more accountability to the district judge, Penn added.

The September worksheet shows Farmington District Court Clerk Kim Bentley distributed $20,599 for the month. Bentley and Penn signed and dated the form.

For October, the District Court distributed $22,415. For this form, Bentley, Penn and District Judge Graham Nations signed off on the disbursements.

Bentley said the form is one she used while district court clerk for the city of Barling. Barling has a city administrative form of government. Bentley said she and the city administrator signed the monthly disbursement form. It was not provided as a separate sheet to the elected city board of directors.

Bentley said the monthly summary of disbursements in Barling was helpful for legislative auditors and for city management to see activities of district court.

”I’m doing things differently than what was done here before. I’m using procedures that I was trained on. They are the same procedures I’ve used over the years,” Bentley said.

She served as district court clerk for Barling for three years and also has worked as a paralegal. Bentley has been Farmington’s district court clerk for almost one year.

Bentley said all monies that come into the court each month go into the “court cost and fine” general account and from there are distributed by the court management system, called Virtual Justice, to many other accounts. Not all money that comes in is dispersed each month because in some cases, the defendant’s charges have not been adjudicated by the court. Money is released when a case is adjudicated, Bentley said.

For September, Bentley wrote 11 checks to disperse monies that came in through district court.

Of the total, $7,309 went to the Administration of Justice Fund (for court costs) and of this amount, almost $4,000 went to the Arkansas Department of Finance and Administration, $1,814 to the city’s general fund and $1,532 to Washington County Treasure’s office. Bentley said the checks to the city general fund and county treasurer’s office from the Administration of Justice Fund are the same each month, per state requirements.

Other checks issued from fines and fees were to the city’s general fund, Department of Finance & Administration, county treasurer and court automation fund, which is a $10 fee per month for defendants who are paying off their court costs and fees.

For September, district court also dispersed $50 in restitution to Wal-mart Neighborhood Market and made two refunds of $75 each to defendants.

Of the $20,599 total in September, more than one-half, $11,036, was distributed to the city’s general fund.

For October, district court dispersed $22,415. Of this, $7,880 went to the Administration of Justice fund for court costs. From court fines and fees, the city received almost $10,000, the state about $1,500, the county about $2,000 and $467 went to the court automation fund. Bentley also wrote a check for restitution to Wal-mart and paid $620 as a refund to a defendant.

For October, the city received a total of $11,787.

According to Bentley, district court has dispersed $167,908 through October from court costs, fines and fees.