The Arkansas Judicial System

1. The Arkansas Judicial System Reform after Amendment 80

2. Judicial Structure • Appellate courts: • Arkansas Supreme Court • 1 Chief Justice; 6 Associate Justices; 8 year terms; State • Arkansas Court of Appeals • 1 Chief Judge; 11 Judges; 8 year terms; Circuits • Courts of General Jurisdiction, where most civil and criminal matters are tried and decided are: • Circuit Court • 115 Circuit Judges; 28 circuit districts; 6 year terms • Courts of Limited Jurisdiction, where many minor cases (civil and criminal) are tried and decided: • District Courts … at least one in each county • 124 Courts; 115 judges; 4 year terms • City Courts • 114 courts; 87 judges; 4 year terms

3. Amendment 80 Changed the Arkansas Judicial System • http://courts.state.ar.us/pdf/SJR-9.pdf • Amendment 80 gave Circuit Courts jurisdiction over five types of cases: criminal; civil; probate; juvenile; & domestic relations • Amendment 80 “eliminated a variety of courts of limited jurisdiction presided over by ‘judges’ who were not trained in the law (police courts, courts of common pleas, and justice of the peace courts).” (Blair & Barth, Arkansas Politics and Government, 2nd, 2005, 225.) • All judges have to be lawyers now • The County Court (presided over by the County Judge) still exists, but it has only very limited jurisdiction over matters pertaining to county taxes and expenditures • Considerable decentralization and autonomy still exist in Arkansas courts

4. Reform Goals • To consolidate and simplify the court structure • Overlapping jurisdictions were eliminated • Court prestige was enhanced • Courts were easier to understand • Democratic Party opposed reform • Many local communities opposed reform • To centralize management and budgeting • Created an Administrative Office of the Courts • AOC compiles data of courts and caseloads • But judges continue to negotiate salaries at the legislative level • State pays for appellate courts, but share costs with counties and cities on Circuit and District Courts • To increase judicial education and qualifications • All judges are now lawyers • On-going training programs are now mandatory • Judicial Discipline and Disability Commission (1988)—9 members

5. Judicial Selection • Arkansas judges were originally appointed, first by the legislature, then by the governor • The 1874 Constitution confirmed that judges should be elected • Arkansas has the highest percentage of judges that are elected in the nation • In many states, judges are first appointed to vacancies, then run for office; Amendment 29 in Arkansas prohibits appointees from running for the office to which they were appointed • Amendment 80 made elections for judges nonpartisan (2002) • Most elections have little competition, but there are exceptions • Judges that have been elected to the office can use the title “Judge” before their names on the ballot • While judicial ethical codes prohibit “making pledges or promises of conduct in office” in campaigns, etc., that is largely unenforceable • Getting lawyers to endorse candidacy is a tried and true practice of persons running for judicial office • Women and African Americans have had difficulty winning office until recently, juvenile courts & sub districts within Circuit Court districts have helped Af-Amer.

6. The Future of Arkansas Courts • Arkansas courts are among the most “democratic” in the nation • Court system works pretty well … little evidence of the backlog of cases that many states face • The judiciary has frequently reordered the agendas of the other two branches of state government • Declaring the state public school system unconstitutionally “inadequate” and “inequitable” • Declaring a “use tax” in Pulaski County unconstitutional • Awarding a Polk County family a judgment of $78.4 million for nursing home abuse • Concerns include: • Elective system discourages many qualified candidates • Judges are very sensitive to local politics • Autonomy of judges may lead to misconduct • Judicial political races continue to cost more