Page:Arkansas Department of Human Services v. Dowdy.pdf/3

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change-of-custody hearing began. Instead of the caseworker, DHS wanted Lisa Jenson, who is the area director for DHS and who was not previously involved in the Dowdy case, to testify as DHS's designated representative for the proceeding that day. After the ad litem raised the issue of Eneks's absence, the circuit court posited that DHS's attorney, Tony Huffman, had told Ms. Eneks to leave. Huffman responded that he "certainly wouldn't deny it." The circuit court further inquired as to why Huffman had told Eneks to leave, as set forth below.

THE COURT: Where is Ms. Eneks, Mr. Huffman?

MR. HUFFMAN: I don't know, your Honor.

THE COURT: I don't believe you. I believe you told her to leave. Did you tell her to leave?

MR. HUFFMAN: I told her to go get [inaudible].

THE COURT: You told her to leave because you thought she'd be a witness in this case, didn’t you?

MR. HUFFMAN: I thought it was possible they would try to.

THE COURT: And anything she might say would probably be contrary to what you're urging me to do, wouldn't it?

MR. HUFFMAN: I didn't want her put on the spot by anybody if she wasn't subpoenaed.

The circuit court then continued the change-of-custody hearing for a later date so that the transcripts from the November 3, 2016 hearing could be obtained. The circuit court also set a show-cause hearing for March 16, 2017, to address whether Huffman and Eneks should be held in contempt for hindering or interfering with the circuit court's proceedings in this case.

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