The attorney representing former Eureka Springs parks director Justin Huss in a lawsuit stemming from his firing more than three years ago has asked Carroll County Circuit Judge Scott Jackson to recuse from the case.

In a motion filed Dec. 13, attorney Tim Parker cites statements that he says Jackson made during domestic relations cases involving Huss. Those statements reflected Jackson’s personal disapproval of Huss’ lifestyle, particularly with regard to a mutual domestic partner of Huss and his now former wife, Parker’s motion says.

“During at least a portion of these hearings the court voiced its unfavorable personal opinion regarding the lifestyle of Mr. Huss,” Parker’s motion says. “… Given the court’s opinions, unfavorable comments and feelings that were expressed in the above cited domestic relations case regarding the lifestyle of Mr. Huss that involved two (2) women living under the same roof with him, this court should recuse. The court expressed its personal disapproval of Huss’ domestic situation, The personal feelings and opinion of the court and the potential impact in this particular civil case clearly indicate that a recusal is proper.”

In another new development, an attorney for the defendants filed an unopposed motion for an extension of time to respond to a motion for summary judgment filed by Parker on Dec. 12.

Defendants in the lawsuit are Mayor Butch Berry, parks and recreation commission chair Ruth Hager, the commission and the city. They are represented by Arkansas Municipal League attorney Sarah Cowan.

In his motion for summary judgment, Parker cites Hager’s testimony during a July 10 deposition that she alone made the decision to fire Huss.

Hager notified Huss via text message on Oct. 9, 2020, that he was being terminated. The text message was sent two days after the parks commission held a special meeting at which Hager announced that commissioners would be going into executive session “to discuss a personnel issue.”

The commission returned to public session 59 minutes later. Hager asked if there were any motions and none were offered. After a motion to adjourn, the meeting ended without any further discussion.

During her July 10 deposition, Hager testified that the commission did not vote on firing Huss after returning from executive session because no decision was made during the executive session.

“That’s not when it was decided to fire him,” she said.

Hager testified in the deposition that she made the decision to fire Huss and that she had the authority to do so as the commission chair.

Parker’s motion for summary judgment asks the court to reinstate Huss as parks director, award him back pay, retirement pay and benefits, healthcare benefits, incidental damages and interest, as well as attorney’s fees and court costs.