SPRINGDALE -- Springdale police refused Wednesday to release a May 27 recording of a 911 call involving the Duggar family, citing a court order they say the department was never sent.

The Northwest Arkansas Democrat-Gazette filed an FOI request for the audio recording plus related documents on Wednesday morning.

Susan Kendall of Rogers, attorney for the police in the Duggar case, replied in a statement denying to release the record: "We are concerned with the potential effect or application of a supplemental court order."

Springdale became aware of that order, purportedly issued by Washington County Juvenile Judge Stacey Zimmerman, "only after the filing of a complaint by a citizen," she said. This complaint was received after the Police Department had given a copy of the 911 audio file to a magazine.

"We are in the process of evaluating the appropriate action," Kendall said, declining to elaborate.

The family of Jim Bob and Michelle Duggar star in the 19 Kids and Counting cable series by TLC. Reruns of the show were suspended after reports surfaced May 19 the family's oldest son, Josh Duggar, now 27, had fondled five girls in 2002 and 2003.

In Touch magazine of Englewood Cliffs, N.J., and the Northwest Arkansas Democrat-Gazette obtained copies of the Springdale police report confirming Duggar's acts. Duggar was never charged, but acknowledged wrongdoing in a statement last month. His parents and two sisters who were victims later confirmed the acts in interviews with Fox News.

Zimmerman issued a court order May 21 forbidding any further release of the police report confirming the investigation of Josh Duggar. That court order was specific to that report and mentioned no other document, court records show. The order also demanded Springdale Police destroy all copies of the report.

Springdale police later received another Freedom of Information Act request involving the Duggars, the department's attorney said Wednesday. The department honored the request and released an audio recording of a 911 call placed May 27.

In Touch confirmed by email Wednesday the request was placed on its behalf. The magazine's account of the recording says the caller identified himself as a Washington County case worker for the state Department of Human Services. He was quoted as giving the Duggar's address and saying: "We have an investigation, and I guess they're not being cooperative. We have to see the child to make sure the child is all right. So we just need police assistance."

Requests by email and phone text to Jim Bob Duggar for comment weren't returned Wednesday. A state Department of Human Services spokesman said Wednesday she couldn't confirm any call or visit to the Duggars.

What appear to be supplemental orders by Zimmerman further restricting the release of records concerning the Duggars came to light in a Springdale Civil Service Commission complaint filed by former Alderman Ray Dotson, dated June 3. Dotson asked the commission to look into whether laws were broken in the original release of the police report. Neither Dotson nor Zimmerman would comment when asked Tuesday on how Dotson obtained access to the documents, which all had case J 2007-38 on them. That case is a sealed juvenile court file.

"There seems to be some kind of disconnect between Juvenile Court and the agencies being affected by its orders," said Rusty Turner, editor of Northwest Arkansas Democrat-Gazette. "The public needs to know what's going on there.

"We're very concerned that documents that possibly shed light on the performance of government agencies and the court system are being shielded from public view," Turner said. "Citizens can't hold their government accountable if they can't observe it at work. We will be exploring our options on making these records available to the public."

In a related issue, the Washington County Sheriff's Office and the 911 center there, managed by the county's Department of Emergency Management, also received a request earlier this month for its copies of records of the May 27 call to 911, county records show.

Those agencies refused the request upon the advice of county attorney Steve Zega, Zega confirmed Wednesday. He cited Arkansas law protecting records that would identify juvenile victims, Arkansas Code 12-14-108. Zega declined a similar request from the Northwest Arkansas Democrat-Gazette for those records on Wednesday.

Doug Thompson can be reached by email at nwadg.com.

A Section on 06/11/2015