Consider this a belated, small victory for judicial fairness. Colburn Clark, a University of Central Arkansas student sentenced to three days in jail for his protest at a Conway School Board meeting in November 2022, won’t have to return to jail for his nonviolent actions.
Clark was among about 40 protesters asked to leave the school’s administration building while protesting the school board’s anti-transgender policies. Bodycam footage captured Clark and two others remaining seated, arms linked and shouting “Trans lives matter!” and “The school board is fascist!” until they were arrested.
In May 2023, Faulkner County District Judge Chris Carnahan sentenced Clark to three days in jail and fined him $650. Clark was immediately taken into custody and was released from jail about a day later, after he posted bond.
On appeal to circuit court, Clark reached an agreement where he would plead guilty to failure to disperse, a misdemeanor, and the state would drop the other charge against him — criminal trespass, also a misdemeanor.
Fines and costs totaling $250 were also dismissed in the order, filed online Tuesday and signed by Circuit Judge H.G. Foster, Deputy City Attorney Evan Pence and defense attorney Chris Murray.
Carnahan originally sentenced another protester, Alex Barnett, to 10 days in jail and fined him $650. But on appeal in February, Foster suspended the jail sentence as long as Barnett serves 100 hours of community service within six months. Barnett, whose lighter sentence resulted from a negotiated agreement, also must pay $250 in fines and court costs.
Another protester, Keylen Botley, subsequently pleaded guilty to the same misdemeanors and was fined but got no jail time.
UPDATE: Defense attorney Chris Murray said today the defense “got an offer from the state and after discussing it with the client we felt it was just too good to pass up.”
“The makeup of the Conway School Board has changed considerably since then. In some ways, i think it was kind of an affirmation of the stand that Mr. Clark and others like him took back then,” Murray said.
One can differ on how much the school board’s makeup has changed, though it has opted to avoid discussing transgender issues lately.
Conway City Attorney Charles Finkenbinder could not be immediately reached for comment.