ROBERT STEINBUCH: Stuck in a Fox hole
Circuit Judge Timothy Fox's recent interactions with attorney Luther Sutter embody the lesson of "when in a hole, stop digging."
This story begins with Ms. Michael Harrison of Friday, Eldredge & Clark deposing Sutter in his car-accident case, then calling Fox's chambers to tattle on Sutter.
Eighteen months later--after never telling Sutter of Harrison's complaint--Fox issued an order largely bypassing Harrison's gripes, unleashing a tantrum concerning election fraud and Sutter's run for judge in Craighead County, and forwarding the entire harangue to prosecutors in Pulaski and Craighead counties.
In response, Sutter sent a Freedom of Information Act request to Fox's administrative assistant, requesting records about Harrison's complaint.
Fox replied with his second unhinged screed. This time he:
Called Sutter a misogynist for sending his FOIA request to Fox's female administrative assistant;
Falsely claimed that Sutter was required to send his FOIA request to Fox;
Accused Sutter of "unethically forum shop[ping] circuit court divisions across the entire state, and . . . [engaging in an] ex parte communication [i.e., when one party talks with the judge in a case about substantive matters without the other party present] . . . to gain some information and/or leverage some advantage by seeking to intimidate or bully the court and its staff."
Sent this FOIA-response letter to all of Sutter's opposing counsels in Pulaski County;
Ordered Sutter (still in a FOIA-response letter--not a court order or any judicial proceeding) to share Fox's bluster with all of Sutter's clients, without any legal authority to do........
