*A formal complaint has been filed with the Arkansas Attorney General after Judge Jeffery repeatedly addressed WhatsApp, Facebook, and email but consistently avoided answering about text messages*
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On February 18, 2026, a formal complaint was filed with the Arkansas Attorney General’s Office alleging that Independence County Judge Kevin B. Jeffery engaged in systematic evasion of the Arkansas Freedom of Information Act.
The complaint documents a pattern across three consecutive FOIA exchanges in which Judge Jeffery was asked to disclose communications with Senator Kim Hammer across all platforms, including text messages (SMS/iMessage). In each response, the Judge specifically addressed other platforms but consistently omitted any response regarding text messages.
## The Pattern
### First Response (February 17, 2026)
Judge Jeffery responded that he had “no official county communications” with Senator Hammer. He did not address specific communication platforms as requested.
### Second Response (February 18, 2026, 9:37 AM)
After a detailed follow-up specifically itemizing four categories (official email, personal email, text messages, messaging apps), Judge Jeffery said neither he nor his staff had conducted county business with Hammer. He still did not individually address each platform.
### Third Response (February 18, 2026, 11:27 AM)
After a second follow-up again emphasizing the need to address each platform individually, with particular focus on text messages, Judge Jeffery responded:
> “I don’t know what WhatsApp is and I haven’t Facebook Messaged Kim Hammer or his staff with any county business; the same for my staff. I haven’t used personal email to contact Kim Hammer with any county business.”
This response specifically addressed:
– WhatsApp (claimed not to know what it is)
– Facebook Messenger (denied county business use)
– Personal email (denied county business use)
This response did NOT address:
– **Text messages (SMS/iMessage)**
Three responses. Three times asked about text messages. Three times every other platform addressed. Three times text messages omitted.
## The Legal Standard
Under Arkansas FOIA (Ark. Code Ann. 25-19-105), all public records shall be open to inspection by any citizen. A custodian must either produce responsive records or specifically state that no responsive records exist for each category requested.
Selective disclosure, where a public official addresses some parts of a FOIA request while ignoring others, violates the Act. A single omission might be oversight. Three consecutive responses that specifically name multiple platforms while omitting the same platform each time establishes a pattern.
Under Ark. Code Ann. 25-19-104(a), negligent FOIA violations constitute a Class C misdemeanor. Knowing violations constitute a Class A misdemeanor.
## The Request
The AG complaint asks four things:
1. **Investigate** the pattern of selective FOIA responses
2. **Issue an opinion** confirming that FOIA obligations extend to all communication platforms when specifically requested
3. **Compel production** of any text messages between Judge Jeffery and Senator Hammer, or a written statement that none exist
4. **Refer for prosecution** if knowing violations are found
## Why This Matters
The request was straightforward: Do you have text messages with Senator Kim Hammer about county business? A simple “no” would have been a complete response. Instead, three responses went out of their way to address WhatsApp, Facebook, and email while leaving the most common communication method, text messaging, unaddressed.
The FOIA exists because the public has a right to know how their government communicates and makes decisions. When a public official repeatedly declines to answer a specific, clearly stated question, the public is entitled to ask why.
The full complaint with all supporting exhibits has been filed with the Attorney General’s Office.
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*All FOIA correspondence referenced in this article is documented in the AG complaint filing. The original FOIA request, all three responses, and all follow-up communications are included as exhibits.*