Arguments heard in suit seeking lawman’s ouster

After hearing arguments Monday over whether to temporarily remove Jacksonville Police Chief Geoffrey Herweg from his job, a Pulaski County judge said she will announce a decision at a later date.

A lawsuit, filed in April by Jacksonville Alderman Tara Smith, argues that Herweg is legally disqualified from holding the position under the Arkansas Constitution because of a misdemeanor conviction for filing a false report more than 16 years ago in Texas. As part of her lawsuit, Smith has asked for a temporary restraining order removing the chief while the case is being litigated.

Smith’s lawsuit contends that Herweg is ineligible to serve as chief because the Arkansas Constitution bans anyone convicted of an “infamous crime” from holding an office of public trust. An “infamous crime” was found by the Arkansas Supreme Court to include a “crime of dishonesty and a crime of moral turpitude,” according to the lawsuit.

The litigation also cites a state code that defined an “infamous crime” as a “misdemeanor offense in which the finder of fact was required to find, or the defendant to admit, an act of deceit, fraud, or false statement.”

Pulaski County Circuit Judge Alice Gray also heard arguments Monday for a motion to dismiss that was brought by the city of Jacksonville. The motion argues that the constitutional statute at issue does not apply to appointed officials such as Herweg.

Court documents show Herweg pleaded guilty in 2002 to misdemeanor counts of failure to report an accident and filing a false report to a police officer in Williamson County, Texas. According to a court affidavit, Herweg crashed into a house on Christmas Eve in 2000 and abandoned the vehicle, then lied about the incident to a police officer.

Court documents show Herweg was a law enforcement officer at the time. As part of his guilty plea, he permanently surrendered his law enforcement credentials in the state of Texas, documents show.

In court, Smith’s attorney, Nate Steel, argued that the “infamous crime” statute in the constitution applies to elected officials and appointed officials such as Herweg, who was appointed to the position by Jacksonville Mayor Gary Fletcher in April.

City Attorney Robert Bamburg argued that while elected officials are held to the statute in the state constitution, appointed officials like Herweg are not.

If Gray grants the temporary restraining order, it would prevent Herweg from serving as chief until a final decision is made in the case, Steel said. He said Herweg would still be able to work as a law enforcement officer in the department, but not as police chief.

In court, Steel argued that Herweg’s past convictions and

history could have a negative effect on the department’s ability to prosecute perpetrators, something that would harm public safety. Steel asked Herweg questions about the 2000 incident in Texas and brought up a recent lawsuit, which was filed in a New Mexico court, that also questioned Herweg’s credibility.

The New Mexico lawsuit, filed last month by former officer Travis Anthony Hobbs, argues that Hobbs was forced to resign from the Lovington Police Department in August 2015 over an unproven complaint of misconduct that Herweg investigated.

The lawsuit accuses Herweg of providing information “without factual foundation nor support” to the Lovington police chief that led to Hobbs being ousted from the department.

“If you are chief of police, you are the head of the totem pole for the police department. You can be a witness or a defendant in any action,” Steel said.

Bamburg objected to the questioning over the New Mexico lawsuit and argued that Herweg, as Jacksonville’s chief, does not make arrests on a daily basis and is not likely to be called as a witness in a criminal case.

Besides Herweg, the Jacksonville suit also lists Fletcher, City Clerk and Treasurer Susan Davitt, and the city as defendants.

Gray indicated in court that her decision could come as early as next week.