CIRCUIT COURT OF
LONOKE COUNTY, ARKANSAS
DIVISION 2
Judge Phillip T. Whiteaker
Judge Whiteaker has been elected to
serve as Circuit Judge since January 1,
1997. He is a member of the Arkansas Bar
Association and the Lonoke County Bar
Association. He is a member of the
Arkansas Judicial Council and serves on
its board of directors. He has been
elected by the other judges within the
23rd Circuit to serve as the
Administrative Judge. He has also been
elected by Arkansas trial judges to
serve on the Executive Committee of the
Trial Judges Section of the Arkansas
Judicial Council.
Currently Judge Whiteaker hears juvenile
and domestic relations cases, one-third
of civil cases, one-third of the
criminal first appearances and criminal
matters. He is the drug treatment court
judge for the circuit and hears one-half
of probate matters.
Official Court Reporter Donna Wood
Ms. Wood is a graduate of the Arlington
Court Reporting College, Arlington, TX
and has been a freelance court reporter
for the past 24 years. She is a steno
writer and can provide ASCII, condensed
transcripts and court transcripts upon
request. She has been a member of Judge
Whiteaker's staff since February 1,
2011.
Trial Court Assistant James Tapscott
Mr. Tapscott is a graduate of the
Community College of the Air Force,
Montgomery, AL. He served 21 years in
the United States Air Force and has
attended numerous supervisory and
management courses. He is currently
pursuing national certification from the
Institute for Court Management and has
been a member of Judge Whiteaker's staff
since July 15, 2009.
What is
Juvenile Court?
The juvenile court handles matters of
child dependency and neglect. Matters of
child dependency and neglect are
initiated by the State of Arkansas
through the Department of Human Services
(DHS), Division of Children and Family
Services (DCFS). The local DHS office
investigates claims of child abuse and
neglect. They may refer some matters to
law enforcement for criminal prosecution
as well as initiate their own case to
remove children from the home of the
offender. If DHS removes a child from a
parent or guardian due to allegations of
dependency and neglect, the parent or
guardian may be entitled to court
appointed counsel. The Judge will
appoint an Attorney ad Litem to
represent the best interest of the child
in every dependency and neglect case.
The Judge may also appoint a Court
Appointed Special Advocate (CASA) to act
as a fact finder and assist the Court in
determining the child’s best interest.
The juvenile court handles matters of
delinquency. Delinquency is when a
person under the age of 18 is accused of
doing something that would be a crime if
done by an adult. Allegations of
delinquency may be diverted into Teen
Court based upon the recommendation of
the prosecuting attorney and the
juvenile intake officer. Juveniles and
their families must sign and complete
the requirements of a diversion
agreement to participate in Teen Court.
If diversion is not appropriate, the
prosecuting attorney may file a
delinquency petition with the Circuit
Court. The juvenile will be notified to
appear for an intake interview where the
charges will be explained. The
juvenile’s parents or legal guardian
must be present during all proceedings.
A juvenile delinquent has the right to
an attorney. The Judge may appoint an
attorney to represent the juvenile if
the family cannot afford one. The Judge
will determine if the juvenile is
delinquent. If delinquent, the Judge has
a range of alternatives to use. The
Judge’s choice considers all factors
including the juvenile’s history,
physical and mental condition,
circumstances at home, the facts and
seriousness of the offense, as well as
the best interest of the juvenile.
The juvenile court handles matters of
truancy. Truancy means missing more days
of school than the law allows. Every
child between the ages of five (5) and
eighteen (18) must attend school. Each
school keeps a record of unexcused
absences for their students. When a
student obtains more unexcused absences
than allowed by law, the school notifies
the Juvenile Department of the Circuit
Court. The Juvenile Department will
contact the family of the student about
the absences and attempt to handle the
issue of absences without court
intervention. This is called diversion.
If a diversion is not appropriate, a
truancy petition is filed, and the
family must appear before the Judge. The
Judge will determine if a truancy has
occurred. If truant, the Judge has
alternatives to use. The Judge’s choice
considers all factors including the
juvenile’s history, physical and mental
condition, circumstances at home and the
facts and seriousness of the offense.
The juvenile court handles matters
pertaining to families in need of
services (FINS). A family in need of
services is any family where a
juvenile’s behavior is beyond the
control of the authority figures within
the home and outside assistance is
necessary to protect the best interest
of the juvenile. Any interested person
may file a FINS petition by contacting
the Juvenile Department of the Circuit
Court. The Judge will determine if the
family is in need of services. If the
Judge finds a FINS, a range of services
can be provided to the family.
What are treatment
courts?
A treatment
court is a highly intensive, hands-on
program of supervised probation and
rehabilitation for people addicted to
drugs and alcohol. The purpose of
treatment court is to help the addict
recover, reduce criminal activity and
return the person to a productive
lifestyle. Participants to treatment
courts must admit to addiction, have a
non-violent criminal history and meet
other conditions of the program. Each
participant has been found guilty by the
Judge of having committed some
non-violent crime. A major requirement
of treatment courts is that each
participant will stop using drugs and be
drug free. Drug tests are performed
routinely but randomly to ensure
compliance. The Judge meets with each
participant weekly to hold them
accountable for their actions. Persons
who graduate may be entitled to have
their criminal record sealed. Persons
who do not graduate or meet the
requirements may be sent to prison by
the Judge.
Lonoke County operates
two treatment courts; a drug treatment
court for eligible, non-veteran
participants, and a veteran’s treatment
court for eligible, veteran
participants. |