Once upon a time, I was a party in the case of Parker et al v. Crow, 2010 Ark. 371, 368 S.W. 3d 962 that involved an attempt to close the Western District Courthouse in Eureka Springs. We prevailed and saved the courthouse. Afterward, I wrote a guest editorial for the Lovely County Citizen that appeared in the March 17, 2011, edition that addressed continuing political threats to the Western District Courthouse.
The recent discussions about closing the County Clerk’s office in the Eureka Springs Courthouse and the abandonment of plans costing $475,000 for a judicial center are very interrelated and, in my honest opinion, once again represent a coordinated effort aimed at (a) closing the Western District Courthouse in Eureka Springs and (b) ultimately forcing construction of a new courthouse facility in Berryville.
Simply put, the plans for a judicial center were abandoned not because they were not feasible, but instead to begin preparations likely to result in a new courthouse in Berryville that will house, inter alia, new offices for the Circuit Clerk, County Clerk, Tax Collector and Assessor, County Judge, Circuit Judge, etc. and their associated staffs.
Such plans come at great cost, $30 million to $60 million using the figures from 2011. Given property values, citizens of the Western District will be paying a large share of any such expenses. Such a structure would require voter approval for the inevitable tax increase. The Eastern District is more populous than the Western so the vote would likely carry.
The Western District, as an entity, is being placed once again upon the chopping block by county politicians. If the Circuit Clerk’s office in the Western District is closed, we will soon be told is that the existing office space in the Eastern District Courthouse is inadequate. That fact together with the canceled plan for a possible judicial center will inevitably provide the impetus to renew the old discussions about closing the Western District Courthouse and constructing an entirely new courthouse in Berryville.
The Old Western District Courthouse has its share of problems. The stairs leading upstairs into the courtroom now lean to the left. There are utterly inadequate bathroom facilities in the structure. It is not ADA-compliant as there are no elevators, and we are lucky that we have not yet been sued because of this. All of these deficiencies can be remedied with a little investment from the county and the city whose administrative offices are located in the basement of the courthouse.
Unfortunately, the City of Eureka Springs would also benefit from closure of the courthouse. Once the building is closed, the county will likely donate it to our city, free office space for the City of Eureka Springs. Stated another way, city government cannot be counted on to oppose the predatory actions by our county to close the Western District Courthouse.
If the Western District Courthouse is closed, we will lose a center of social and economic activity. The dozens of deeds that are prepared and filed daily in Eureka Springs will now have to be filed in Berryville. Marriage licenses will have to be purchased in Berryville. County employees who work at the Eureka Springs Courthouse will now have to travel to Berryville or, alternatively, face outright termination of their positions.
Nostalgia: I like the Historic Western District Courthouse. Does it need more restroom facilities? Of course. Does it need an elevator to make it ADA-compliant? Definitely. Do the leaning stairs need to be repaired? Yes. So, do we need to keep our old historic courthouse? Yes. This town is built on history and its identical twin, nostalgia. Without them, the town loses its unique, historical identity that it currently enjoys as a tourist destination.
The political threats to the Western District Courthouse will continue. I have given this issue much thought over the past 16 years. Article 13, Section 1 requires any new county to be at least 600 square miles but grants exceptions to Lafayette, Pope and Johnson counties. Article 13, Section 4 states that in formation of new counties, no line shall, run within 10 miles of the county seat of the county proposed to be divided yet grants an exception for the county seat of Lafayette County. If the Western District attempted to form a new county with the boundary at the Kings River, we would be under 400 square miles in territory.
To form our own county, the Western District would need approximately 150,000 to 200,000 signatures on an initiative petition to amend the Arkansas Constitution to include Carroll County in those small select groups of counties that could form a new county out of less than 600 square miles and a new county seat within 10 miles of an existing county seat. There are actually companies who, for the fees they charge, will obtain the signatures that are needed.
Tough to do? Definitely, Expensive? Somewhat. Should we do it? Yes, unless you enjoy living under an ongoing threat?
— Tim Parker
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