Christopher Franklin, as Mayor of Helena-West Helena v. Greg Williams
CourtSupreme Court of Arkansas
Date FiledNovember 5, 2026
StatusPublished
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Full Opinion
Cite as 2026 Ark. 173
SUPREME COURT OF ARKANSAS
No. CV-25-343
Opinion Delivered: November 5, 2026
CHRISTOPHER FRANKLIN, AS
MAYOR OF HELENA-WEST APPEAL FROM THE PHILLIPS
HELENA COUNTY CIRCUIT COURT
APPELLANT [NO. 54CV-23-7]
HONORABLE CHRISTOPHER W.
V. MORLEDGE, JUDGE
REVERSED AND DISMISSED.
GREG WILLIAMS
APPELLEE
RHONDA K. WOOD, Associate Justice
A declaratory judgment cannot be enforced by contempt. The circuit court declared
that two city ordinances, which included a raise to the mayor’s salary, were null and void.
Yet the city council later approved a budget that gave the new mayor a raise. Greg Williams,
a party to the declaratory-judgment action, moved to hold the current mayor, Christopher
Franklin, in contempt. The circuit court found Franklin in civil contempt and ordered him
to repay some of his salary or report to jail. As the circuit court found Franklin in contempt
for violating a declaratory judgment, we reverse and dismiss.
I. Factual Background
This case arises out of the same set of facts as City of Helena-West Helena v. Williams,
2024 Ark. 102, 689 S.W.3d 62. In December 2022, City of Helena-West Helena’s outgoing
city council members passed two ordinances. Among their provisions, the mayor’s salary
was increased from $48,000 to $70,000. The outgoing mayor disapproved of the ordinances
and attempted to veto them. The newly elected mayor, Christoper Franklin, attempted to
rescind the prior mayor’s veto.
Greg Williams, a citizen of Helena-West Helena, filed a complaint in circuit court
for a declaratory judgment and a temporary restraining order against the City and Franklin,
claiming that the two ordinances had been vetoed and were null and void. The circuit court
granted an ex parte temporary restraining order on January 11, 2023, and extended it on
January 25, 2023.
Subsequently, the circuit court held a hearing and ruled that the two challenged
ordinances were null and void. The April 24th order held that the prior mayor had vetoed
the two ordinances. The court therefore declared the two ordinances “null and void [and]
any actions taken in accordance with said ordinances are hereby null and void.” The court
did not enter injunctive relief. In other words, the order granted only a declaratory
judgment. City of Helena-W. Helena, 2024 Ark. 102, at 4, 689 S.W.3d at 65. The City
appealed and we affirmed. Id. at 1, 689 S.W.3d at 63.
Following our decision, Williams filed a motion for contempt and an amended
motion for contempt. He asked the circuit court to hold Franklin in contempt of court for
failing to comply with the court’s January 11, 2023, TRO. The motion alleged that the
circuit court’s TRO enjoined and prohibited Franklin from taking any action furthering the
null and voided ordinances. Yet Franklin still received a salary increase. Franklin responded
that the circuit court’s April 24, 2023, declaratory-judgment order could not serve as the
basis for a contempt order because the order did not compel or prohibit him from taking
any action.
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The court held a hearing. The city clerk testified that Franklin was being paid a salary
in excess of that provided for in the ordinance that preceded the null and voided ordinances.1
According to the clerk, sometime around February 1, 2023, Franklin directed him to
increase the city’s budget line items for the mayor’s salary to $70,000. This was the same
salary as in the null and voided ordinances. The clerk also testified that salaries were often
increased during the budget process. Franklin asserted that he had accepted the larger salary
amount based on the approved budget, not the voided ordinances.
The circuit court found Franklin in contempt of court for violating the court’s prior
order. The court’s basis for the contempt was the declaratory judgment finding the
ordinances null and void: “The court further finds that . . . Franklin . . . willfully disobeyed
the 2023 Order of this court declaring Ordinances 39-22 and 40-22 null and void.” The
circuit court gave Franklin ninety days to purge his contempt by repaying $23,000.05 or
report to jail. Franklin subsequently filed this appeal, and we stayed the contempt order
pending resolution of the appeal.
II. Law and Analysis
We review civil contempt orders to determine whether the circuit court’s finding is
clearly against the preponderance of the evidence. Cherry v. Cherry, 2021 Ark. 49, at 12,
617 S.W.3d 692, 699. Civil contempt is an attempt by a court to compel compliance with
a valid court order. See Ark. Dep’t of Health & Hum. Servs. v. Briley, 366 Ark. 496, 505, 237
S.W.3d 7, 13 (2006). However, before a person can be held in contempt for violating the
1
An ordinance passed by the Helena-West Helena city council on August 2, 2022,
established the mayor’s annual base pay at $48,000 and the chief of staff’s annual base pay at
$32,000.
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court’s order, the order must be definite in its terms and clear as to what duty the order
imposes. Omni Holding & Dev. Corp. v. 3D.S.A., Inc., 356 Ark. 440, 450, 156 S.W.3d 228,
235 (2004).
Franklin argues that he cannot be held in contempt of a declaratory judgment. 2 He
claims that a declaratory judgment settles a dispute but does not order a party to comply
with it. Williams responds that he asked the circuit court to hold Franklin in contempt for
violating the January 11 TRO. But as discussed below, the order the court attempted to
enforce was the declaratory judgment, not the now-extinguished TRO. Notably, the
court’s TROs’ language dissolved them upon adjudication of the declaratory judgment.
That adjudication did not include a permanent injunction.
More precisely, on January 11, 2023, the circuit court granted an ex parte TRO
against Franklin and enjoined him from “taking any action in accordance with Helena-West
Helena Ordinance 39-22 and 40-22, until such time a full adjudication can be
had.”(Emphasis added.) On January 25, 2023, the court extended the TRO “until further
order from this Court.” Again, it provided that Franklin was “still enjoined and prohibited
from taking any action . . . until such time a full adjudication can be had.” (Emphasis added.)
That subsequent full adjudication occurred, and the circuit court entered a final order
in April 2023. That order declared ordinances 39-22 and 40-22 null and void. It did not
make the TRO permanent or contain any language ordering Franklin to comply. And after
2
As his second point on appeal, Franklin makes an argument on behalf of James
Valley. Franklin lacks standing on appeal to assert Valley’s due-process arguments. See, e.g.,
Springdale Sch. Dist. No. 50 v. Evans L. Firm, P.A., 360 Ark. 279, 285, 200 S.W.3d 917,
921 (2005).
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the contempt hearing that is the subject of this appeal, the circuit court concluded that
Franklin’s actions violated the judgment declaring the ordinances void:
The fact that [Franklin and Valley] authorized and accepted the exact amount of
salary or pay that this court declared that they should not receive is an intentional
disobedience of the court’s prior Order and they are hereby held in contempt of
court.
We hold that the court’s decision was clearly against the preponderance of the
evidence. First, the TROs, by their own language, terminated upon final adjudication.3
Adjudication occurred in April 2023. Recall, both TROs provided they were in effect
“until such time a full adjudication can be had.” While the court issued a declaratory
judgment, it did not award further injunctive relief. And a declaratory judgment itself cannot
be enforced by contempt.
Declaratory judgments4 determine the rights and liabilities of respective parties. See
Stilley v. James, 345 Ark. 362, 372, 48 S.W.3d 521, 528 (2001). The purpose of the
declaratory-judgment statutory scheme “is to settle and to afford relief from uncertainty and
insecurity with respect to rights, status, and other legal relations.” Ark. Code Ann. § 16-
3
Regardless of the order’s language, a circuit court cannot issue a TRO for more
than 14 days and cannot extend it for more than 14 additional days. Ark. R. Civ. P. 65(b)(2).
4
The Federal Declaratory Judgment Act contains similar language, so authorities
discussing federal principles have persuasive force in Arkansas. “[V]irtually all states have
statutes similar to the federal statute.” Wright & Miller, Fed. Prac. & Proc. Civ. § 2756
Westlaw (database updated April 2026); compare 28 U.S.C.A. § 2201(a) (“[A]ny court of the
United States, upon the filing of an appropriate pleading, may declare the rights and other
legal relations of any interested party seeking such declaration, whether or not further relief
is or could be sought. Any such declaration shall have the force and effect of a final judgment
or decree and shall be reviewable as such.”) with Ark. Code Ann. § 16-111-101 (“Courts of
record within their respective jurisdictions shall have power to declare rights, status, and
other legal relations whether or not further relief is or could be claimed. . . . [A]nd such
declarations shall have the force and effect of a final judgment or decree.”).
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111-112 (Repl. 2016). The declaratory judgment offers litigants a noncoercive way to
declare their legal rights. See David Newbern et al., Arkansas Civil Practice & Procedure
§ 36:1 Westlaw (database updated May 2026). Thus, as many authorities have noted, a
declaratory judgment cannot be enforced by contempt. See, e.g., Samuel L. Bray, The Myth
of the Mild Declaratory Judgment, 63 Duke L.J. 1091, 1110 (2014) (“It is certainly black-letter
law that a declaratory judgment cannot be the basis for contempt proceedings.”); see also
Steffel v. Thompson, 415 U.S. 452, 471, (1974) (“[N]oncompliance with [a declaratory
judgment] may be inappropriate, but is not contempt.”).
Injunctions are a different matter. These rest on a court’s equitable power, which
acts in personam. Vera Lee Angel Revocable Tr. v. Jim O’Bryant & Kay O’Bryant Joint Revocable
Tr., 2018 Ark. 38, at 5, 537 S.W.3d 254, 257 (noting that granting an injunction “sounds
in equity”); Harrison v. Knott, 219 Ark. 565, 568, 243 S.W.2d 642, 644 (1951) (“injunction
is an equitable remedy that is exercised in personam”). Arkansas cases have defined an
injunction as a command, based on equitable grounds, by a court to a person to do or refrain
from doing a particular act. See State Game & Fish Comm’n v. Sledge, 344 Ark. 505, 509–10,
42 S.W.3d 427, 429 (2001). It is mandatory when it commands a person to do a specific
act, and prohibitory when it commands him or her to refrain from doing a specific act. Id.
Therefore, violation of an injunction can be punished via the circuit court’s contempt
powers. See Omni Holding, 356 Ark. at 455, 156 S.W.3d at 239.
A contempt proceeding was not the legal avenue to contest Franklin’s conduct. The
declaratory-judgment statute permits a party to seek supplemental relief. Ark. Code Ann. §
16-111-108 (“Further relief based on a declaratory judgment or decree may be granted
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whenever necessary or proper.”). This can include equitable relief in the form of an
injunction. See Owen M. Fiss, Dombrowski, 86 Yale L.J. 1103, 1122 (1977) (“The
declaratory judgment . . . consists of a declaration of rights and duties, and if the defendant
disobeys the plaintiff cannot get a contempt order, but only an injunction to prevent another
act of disobedience.”). Although Williams sought contempt for the TRO violation, the
circuit court found Franklin in contempt of the declaratory judgment. We hold that the
circuit court’s finding was clearly against the preponderance of the evidence, and we reverse
and dismiss.
Reversed and dismissed.
Special Justice CORY COX joins.
WOMACK, J., concurs without opinion.
WEBB, J., not participating.
Terrence Cain, for appellant.
Quattlebaum, Grooms & Tull, PLLC, by: Laura L. O’Hara, for appellee.
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