Contempt trial set for ex-circuit judge

BENTONVILLE — A former Benton County circuit judge will have a June trial on a contempt finding against him.

Jon Comstock, 72, of Rogers pleaded innocent to the contempt charge Monday at his arraignment.

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.

Comstock is appealing the contempt finding.

Benton County Circuit Judge Robin Green scheduled the bench trial for June 13.

Green previously found Comstock was entitled to a trial. Emily White, who was assigned to the case as special prosecutor after Benton County Prosecuting Attorney Nathan Smith recused, appealed Green’s decision to the Arkansas Supreme Court, which declined to hear the appeal.

The case concerns an incident that occurred July 8, when Comstock went to the jail to observe bond hearings being held there that morning. Griffin was presiding as judge. Comstock said he was escorted to the courtroom at the 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, Comstock said. He 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 went to observe the bond hearings as a representative of Arkansas Justice Reform Coalition. The organization wants to advance policies to end mass incarceration, according to its website. It opposed the jail expansion proposals in Benton and Washington counties that appeared on the 2022 general election ballot.

Comstock 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.

Comstock also has run for the state Legislature twice as a Democrat. He unsuccessfully challenged incumbent Sen. Cecile Bledsoe, R-Rogers, in 2018. He then ran in 2020 for the state House District 96 seat, but lost to Joshua Bryant, R-Rogers.