All Parties Comfortable With Judge Lindsay

FAYETTEVILLE — Opposing attorneys in the lawsuit filed by a Montgomery County man against the University of Arkansas' chancellor and system president agreed on one issue Monday.

Fayetteville Judge Mark Lindsay's connections to the university and its boosters are of no concern to Scott Varady or Eddie Christian Jr.

"We have no intention of filing any motions," said Christian, who represents plaintiff John David Terry of Mount Ida. "We're satisfied with Judge Lindsay. I've heard he's a very thorough and conscientious judge who does things by the book."

Varady, the university's associate general counsel, sounded just as assured that Lindsay wouldn't allow any external factors to affect his job.

"Personally and professionally, I have absolutely no concerns and believe that Judge Lindsay will be fair and impartial to both sides in the case," Varady said.

The issue arose because of a May 11 letter Lindsay sent to both attorneys.

In the letter, Lindsay said a reporter called and gave him a "tip" last Friday that he might be the subject of a Motion for Recusal.

The reporter provided two reasons as to why Lindsay may need to be removed as the judge for this case:

* His friendship with former Arkansas football player and booster Jim Lindsey.

* His membership in the Razorback Foundation.

Lindsay addressed both issues in the letter.

He said that he represented Lindsey as his attorney at one time and that Lindsey "is certainly a friend of our family." Lindsay said he had never received anything from Lindsey "that (Lindsey) does not also extend to other friends and employees."

Lindsay also said his last contribution to the Razorback Foundation was during the 2000-01 basketball season. He said he considered these issues at the time the case was assigned to him and made the purposeful decision to accept it.

The letter was "the proper thing to do in these circumstances based on the facts," Varady said.

Christian's only frustration stemmed from the perception that he gave a tip to a reporter.

"Any tip that (reporter) had did not come from the plaintiff or the plaintiff's lawyers," Christian said. "I don't know what (the reporter's) tip was."

On June 4, Lindsay will rule on all motions. The university is expected to file a Motion to Dismiss later this week, and Christian is expected to answer with a Plaintiff's Response.

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