TEXARKANA, Ark. - As Circuit Judge Kirk Johnson contemplates retirement and looks back on a decades long career in the law, his memories include episodes of danger and moments of comedy.
Johnson began his legal career even before his law school graduation in 1974 and his service to the state of Arkansas and many of its communities includes years as a prosecutor and judge. State law imposed retirement on Johnson at the end of 2020, a year Johnson describes as "incredibly disastrous for our court system."
While serving as the elected prosecutor for Miller, Lafayette, Nevada and Hempstead counties from 1983 to 1987, Johnson prosecuted a white supremacist, Richard "Wayne" Snell, with ties to a cult for the murders of a Texarkana business owner in 1983 and a black Arkansas state trooper in 1984.
"The murder of Bill Stump was unusual since I was eating lunch at Sue and Carol's restaurant within 50 feet of Bill's Pawn Shop when the murder took place," Johnson said. "We never heard the shots."
Snell's association with the violent cultic group, The Covenant of the Arm and Sword of the Lord, led to heightened concerns while his murder cases were pending. Snell and some of his associates are credited with a failed attempt to dynamite a natural gas pipeline near Fulton, Arkansas, which they hoped would help inspire a race war in the U.S.
Johnson said Stump's murder was financially motivated while Trooper Louis Bryant was killed during a routine traffic stop in Sevier County, Arkansas. After Snell was sentenced in Sevier County to life without parole for the trooper's murder, Johnson prosecuted Snell for killing Stump.
"The case was very intense," Johnson recalls, noting that both he and the presiding judge kept themselves armed during the trial.
"There were dozens of law enforcement officers patrolling the hallways of the courthouse, sharp-shooters on the roof and officers on foot patrolling the grounds," Johnson said. "There was a credible threat that the friends of Snell would attempt to free him by shooting a LAWS (Light Anti-Armor Weapons System) rocket into the courtroom while we were trying the case. The FBI and (Texarkana, Arkansas) Chief John Butler instructed me on how to search my car for bombs and booby traps each time I got into the car and to have an assault rifle in the car with me at all times in case I was ambushed."
Snell was sentenced to death for killing Stump. His execution was carried out the same day Timothy McVeigh carried out a domestic terror attack on the Oklahoma City federal building in 1995. Like Snell, McVeigh had ties to the leader of the Covenant of the Arm and Sword of the Lord.
Johnson's recollections include more than a few good laughs.
"On another occasion we had a couple of alcoholics arrested for being in possession of a stolen Texarkana, Texas, fire truck from the Rose Hill station. When asked why they had stolen the fire truck since it was not exactly unnoticeable, they replied that they took it because the liquor store was closing at 9 p.m. and it was ten minutes til 9 so they had to use the lights and sirens to get there before it closed," Johnson mused.
Johnson remembers former Miller County Sheriff's Office Investigator Allen Jordan as particularly influential.
"Watching him interrogate suspects taught me how to cross-examine people on the witness stand who were not truthful," Johnson said.
Johnson remembers Jordan questioning a burglary suspect. Jordan baited the suspect by claiming his fingerprints had been found on a window sill prompting the suspect to exclaim, "That's a lie. I was wearing socks on my hands."
Johnson said the suspect was a repeat offender with plenty of experience as a criminal.
"About that time he realized what he had said and looked like someone had shot his dog," Johnson said.
Johnson served as district judge for Texarkana, Arkansas, and Miller County from 1991 to 2003. In 2003, he assumed the bench where he would serve as circuit judge for the next 17 years.
Along with the dramatic and occasionally amusing criminal cases, Johnson remembers the intellectual challenges of complex civil proceedings including class action lawsuits with national importance.
"The cases were intense because of the sheer volume of documents and number of hearings that were necessary. At one hearing alone, the papers submitted were higher than the head of my trial court assistant," Johnson said. "In one case, Chivers, there were over a hundred lawyers from all around the country involved in defending the various (insurance) companies which had been sued. The case was resolved in less than two years with a settlement which I was told amounted to about $1.4 billion, reportedly the largest class action suit in Arkansas history."
Johnson began working for a prosecuting attorney in Washington County, Arkansas, while still in law school. Upon graduation he worked in private practice. From 1975 to 1977 Johnson served as regional attorney for the Arkansas Department of Human Services and in 1977 he began serving as a deputy prosecuting attorney.
From 1983 to 1987 Johnson served as elected prosecutor and became district judge in 1991. He left that position for the circuit court bench in 2003.
Johnson credits others with his success.
"I believe that I have learned something from every attorney that I have worked with prior to taking the bench. Little nuggets from their own experiences and their knowledge of the law were invaluable to me," Johnson said, mentioning Leroy Autrey, Kelvin Wyrick and Mahlon Gibson.
Johnson recalls learning much from judges in his past including John Goodson, Alex Sanderson and Phillip Purifoy.
"Judge David Folsom provided me with special insights on how to conduct trials in an efficient manner and I purloined his scheduling orders after seeing how effective they could be to help resolve cases," Johnson said. "Judge Joe Griffin and I were lifelong friends so we learned to practice law together and shared those experiences later as judges."
Johnson said he appreciates his staff "more than you can imagine."
"Lisa (Houser) who has been with me for 27 years and has been outstanding in organizing and maintaining a firm grip on the cases we have on our docket. She would have been a formidable attorney had she chosen the field," Johnson said.
Johnson also thanked his court reporter, Tabbetha Kopech, other members of his staff and the men and women who wear a badge.
"I owe any success that I have had to the many people I have met on my journey," Johnson said. "I give credit to my classmates who have supported me throughout the years, the employees of the city, state, and Miller and Lafayette counties, to the Cooper Tire employees who have supported me and to the citizens of these counties who placed their trust in me to give everyone who came before me a fair hearing."
Johnson intends to continue serving as a visiting judge if tapped by the Arkansas Supreme Court after doing a little traveling "to decompress" with his wife Deborah.