Judges recuse from Hutchinson case
Posted on Wednesday, December 5, 2007
BENTONVILLE — One by one, all the Benton County circuit judges have recused themselves from hearing the lawsuit state Rep. Donna Hutchinson filed against her ex-husband, former U. S. Sen. Tim Hutchinson.
The fifth and last judge to recuse, John R. Scott, requested Tuesday that a special judge be appointed.
In their recusals over the past few weeks, the judges didn’t explain why they wanted to step aside, but Scott mentioned the Hutchinsons’ respective political roles in his letter to the Administrative Office of the Courts.
“The defendant... previously represented Benton County in the Arkansas Legislature and in the United States Congress. The plaintiff is currently representing a portion of this Judicial District in the Arkansas House of Representatives,” Scott wrote.
Both sides in the case said Tuesday that they weren’t surprised by the recusals.
“I know a lot of them. They’re friends with both of us,” Donna Hutchinson said of the judges in the 19 th Judicial District-West. “That’s an awful situation to put your friends in.”
In the lawsuit filed in October, Donna Hutchinson accused her ex-husband of breaching the terms of their 1999 divorce settlement. She said he refused to cooperate in providing information that would allow her to determine whether he’s paying her what she’s owed.
Tim Hutchinson responded in court papers that his ex-wife is trying to intimidate and harass him by filing the lawsuit.
Their property settlement agreement has been kept secret, filed under seal, but filings in the current lawsuit have shed some light on it.
Tim Hutchinson’s lawyer has asserted in response to the lawsuit that the former senator paid his ex-wife more than $ 500, 000 since their divorce became final in August 1999. More than $ 400, 000 of that has been since January 2003, he said.
Donna Hutchinson said that may well be the right amount according to their agreement, but she wants proof, such as tax returns that show what he’s making now as a Washington, D. C., lobbyist.
A year after the divorce papers were signed, the senator married a former member of his staff, Randi Fredholm. A Republican, he lost his re-election bid in 2002 to Mark Pryor, a Democrat who has served in the Senate since January 2003.
Donna Hutchinson, who now lives in Bella Vista, has not remarried. She successfully ran for office as a Republican in 2006.
John D. Coulter of Little Rock, Tim Hutchinson’s attorney, returned a call on behalf of the former senator. Other than to say the recusals weren’t surprising, Coulter declined comment.
Now, it’s up to Arkansas Supreme Court Chief Justice Jim Hannah to determine who should preside over the case.
J. D. Gingerich, executive director of the Administrative Office of the Courts, said Hannah can appoint another circuit judge or a retired judge.
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