JONESBORO, Ark. — The district prosecutor is asking Circuit Judge Doug Brimhall to step aside on a civil case in a filing that could suggest more requests for recusal are in the future.
Second Judicial District Prosecuting Attorney Sonia F. Hagood filed the entry of appearance, followed by the motion for recusal, on Tuesday in 18CV-24-1200 – a property forfeiture case from Crittenden County. The motion asks the court to recuse itself from all cases involving the prosecutor’s office, its staff, the victims, or officers who investigate cases prosecuted by the office.
Rule 2.11(A) further specifies that a judge “SHALL disqualify himself or herself in any proceeding in which the judge’s impartiality might reasonably be questioned.”
Hagood’s motion argues that Brimhall’s past conduct, specifically his 2024 arrest, irrevocably compromised his ability to serve impartially in cases involving the prosecutor’s office or associated parties.
The prosecutor noted that she expressed concerns publically about Brimhall’s fitness for the bench, which resulted in further public scrutiny of Brimhall’s conduct. In an exclusive interview with NEA Report, Brimhall admitted he took it personally, defending his qualifications as judge. Hagood argues that his conduct, and his “actions in defending his case,” create a situation impossible for any victim to receive a fair or impartial hearing.
“At present, Judge Brimhall is serving a criminal justice sentence,” Hagood wrote. “Should he violate any conditions of that sentence, the 2nd Judicial District Prosecuting Attorney’s Office will be forced to take further legal action, including filing motions for the appointment of a Special Prosecutor in the event of any future proceedings.”
The motion requests Brimhall not only recuse from this case but from all asset forfeitures filed by the prosecutor, civil commitment cases, and juvenile bond hearings. If the request is denied, Hagood asks for a hearing.
The case is a civil action, but it stems from a criminal case. On or about Oct. 17, 2024, Arkansas State Police conducted a traffic stop on a Toyota Sienna with an Oklahoma plate driven by Jiemei Lin. Authorities reported smelling marijuana and located $9,541 in cash on Lin, but no illegal items were found. However, police previously arrested her with approximately 160 pounds of marijuana in Nov. 2023, and they reported finding documents that she had made purchases from the grow houses in 2024. She was arrested for criminal use of property. Prosecutors say the money is forfeitable under Arkansas law.
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The original traffic stop of Jiemei Lin is the most suspicious part of the entire story. The trooper says he “smelled marijuana”, but none was found. It was just a coincidence that she had previously been arrested over pot. Ain’t that something. And then…Oh LOOK! SHES GOT MONEY! Well…she had money. Now we have money. Civil asset forfeiture and qualified immunity are just a couple of the reasons why, even though I love my country, I hate my government. And by extension (and association) the vast majority of those who claim to be “public servants.”