Quorum Court approves $38,142 to county attorney for upcoming lawsuit related to ARPA-funded project

The Washington County Quorum Court approved reallocating $38,142.50 into the county attorney’s budget to cover legal costs associated with a lawsuit filed by the Arkansas Justice Reform Coalition concerning the use of ARPA funds.

Counselor Lester explained that the figure represents the remainder of an original $100,000 allocation tied to an earlier federal lawsuit and that the county had not yet incurred expenses on the newly served complaint. He said the county was recently served and has 30 days to file a response. Lester also explained why the county did not pursue attorney’s fees after winning an earlier case: the judge had not ruled that the plaintiff’s earlier suit was frivolous, which is a threshold for fee recovery.

Some justices noted concern about setting aside funds in advance and asked that the county return for approval of specific payments. Justice Lyons and others argued the county needs the appropriation so counsel can retain outside attorneys without payment delays; Lyons moved to pass the budget amendment and Justice Deane seconded the motion. In debate, several justices stressed oversight of retainers and billing, and Counselor Lester said outside counsel was necessary because the county’s civil attorneys had conflict issues in this matter.

After debate the motion passed on roll call. Several justices said the $38,142.50 had previously been swept to the general fund and the action restores the funds to the county attorney’s budget for immediate use. Lester said the county will review invoices and there are checks and balances in accounts payable. The appropriation authorizes the county to engage outside counsel and to pay legal bills as they are incurred.