By stephen steed
Special to The Leader
Pat O’Brien’s two-year effort to digitalize courthouse records in the Pulaski County clerk’s office has come to an end.
In a brief and terse ruling Thursday afternoon, the Arkansas Supreme Court sided with 17 Pulaski County circuit judges who had ordered O’Brien to stop shredding paper documents at the courthouse as part of his project to move the papers into an electronic form.
O’Brien, whose term as Pulaski County circuit clerk ends on December 31, asked the Arkansas high court to first set aside the judges’ order, at least temporarily, and, second, to hold a hearing at which O’Brien could make oral arguments.
The court expedited its consideration of the issue, then without comment rejected both of O’Brien’s requests: “Petitioner’s motion to expedite is granted. Petition for Writ of Certiorari is denied. Request for oral is denied.”
O’Brien, of Jacksonville, said Friday he was disappointed the court didn’t address his question: whether he, as circuit clerk, or the circuit judges controlled the records.
“I’m not surprised by the decision,” he said. “I knew it was a long shot to try to get something done that quickly. I’m disappointed that it’s going to be unresolved. By not stating a rationale, there could be any number of reasons why they denied my writ.”
O’Brien said the circuit judges’ orders breached the separation-of-powers doctrine of constitutionally separate executive, legislative and judicial branches. The judges ordered O’Brien to cease and desist shredding in two separate but identical orders on Nov. 12 and 15. Two orders were necessary because not all the judges were available to sign the first one. The remaining judges, once available, signed the second one.
The attorney general’s office represented the circuit judges in a brief filed Wednesday with the Supreme Court.
The judges – some individually, all as a group – said they weren’t opposed to digitalizing the files, or to destroying the paper documents, but wanted to make sure the electronic system was operating efficiently before any more shredding was done.
As more counties and courts across the state transfer paper documents into digital files, conflicts similar to what O’Brien and the Pulaski County judges faced are possible, O’Brien said. “The main issue remains the same,” O’Brien said. “And that’s who’s in charge of the process? If the argument is that the electronic system is ‘not reliable,’ who makes that determination? All the judges? A majority of the judges? The Supreme Court?”
O’Brien could have run for re-election to his clerk’s post this year but instead chose to run for secretary of state. He lost that race Nov. 2 to Mark Martin of Prairie Grove (Washington County), a Republican member of the state House of Representatives.
O’Brien is a lawyer. After Dec. 31, he has no plans. “I’ve pretty much been working or going to school since I was 18. I’m going to take some time off. I may travel some,” he said.
As for another shot at public office? “I love public policy, but it’s way too early to decide anything like that,” he said.
