Ark. Code Ann. § 16-43-211 — AR Code / Title 16 / Chapter 43 / Subchapter 2 / Section 16-43-211
Criminal proceedings - Civil procedure to govern
Status: in_force

The provisions of the Code of Practice in Civil Cases shall apply to and govern summoning and coercing the attendance of witnesses and compelling them to testify in all prosecutions and all criminal or penal actions or proceedings, except that the attendance of witnesses residing in any part of the state may be coerced, and it shall never be necessary to tender to the witnesses any compensation for expenses or otherwise before process of contempt shall issue. Crim. Code, § 152; Acts 1871, No. 49, § 1 [152], p. 255; C. & M. Dig., § 3110; Pope's Dig., § 3941; A.S.A. 1947, § 43-2004.

The provisions of the Code of Practice in Civil Cases shall apply to and govern summoning and coercing the attendance of witnesses and compelling them to testify in all prosecutions and all criminal or penal actions or proceedings, except that the attendance of witnesses residing in any part of the state may be coerced, and it shall never be necessary to tender to the witnesses any compensation for expenses or otherwise before process of contempt shall issue.

Crim. Code, § 152; Acts 1871, No. 49, § 1 [152], p. 255; C. & M. Dig., § 3110; Pope's Dig., § 3941; A.S.A. 1947, § 43-2004.
Ark. Code Ann. § 16-13-1103 — AR Code / Title 16 / Chapter 13 / Subchapter 11 / Section 16-13-1103
Judges and chancellors
Status: in_force

(a) (1) The qualified electors of the Third Judicial District shall elect one (1) circuit judge and one (1) chancellor. (2) Effective July 1, 1999, the circuit judgeship created by subdivision (a)(1) of this section shall become a circuit-chancery judgeship and shall have jurisdiction in law, equity, and probate. (b) (1) There is hereby created in the Third Judicial District an additional circuit-chancery judgeship which shall have jurisdiction in law, equity, and probate. (2) (A) The additional judge shall be elected in the same manner and shall satisfy the same qualifications for holding office and shall receive the same salary, expenses, and other allowances as provided by law for judges of the circuit-chancery courts. (B) The judge shall serve for elected terms of four (4) years. (3) The judge of the additional circuit-chancery judgeship created in subdivision (b)(1) of this section shall devote such time as may be required to perform the duties of judge of the juvenile division, which duties shall be the primary obligation of the judge, and shall sit as judge of the circuit, chancery, or probate court as time permits. (c) (1) (A) There is created in the Third Judicial District an additional circuit-chancery judgeship, which shall have jurisdiction in law, equity, and probate. (B) Pursuant to Arkansas Constitution, Amendment 80, the additional judgeship shall become a circuit judgeship on July 1, 2001. (C) The judge shall serve for elected terms of six (6) years. (2) The counties which compose the Third Judicial District shall provide courtroom and office facilities and supplies for the judge of the judgeship created by this subsection, which shall be paid out of the county treasuries in the same manner as other demands against the counties, out of funds appropriated by the respective quorum courts of the counties for such purposes. (3) There shall be provided for the judge of the judgeship created by this subsection a court reporter and a trial court administrative assistant whose salaries shall be fixed and paid in the manner provided by law for court reporters and trial court administrative assistants of the circuit courts of this state. Acts 1977, No. 432, § 1; A.S.A. 1947, § 22-365; Acts 1995, No. 582, § 2; 1999, No. 1355, § 1; 2001, No. 114, § 1.

(a) (1) The qualified electors of the Third Judicial District shall elect one (1) circuit judge and one (1) chancellor. (2) Effective July 1, 1999, the circuit judgeship created by subdivision (a)(1) of this section shall become a circuit-chancery judgeship and shall have jurisdiction in law, equity, and probate.

(1) The qualified electors of the Third Judicial District shall elect one (1) circuit judge and one (1) chancellor.

(2) Effective July 1, 1999, the circuit judgeship created by subdivision (a)(1) of this section shall become a circuit-chancery judgeship and shall have jurisdiction in law, equity, and probate.

(b) (1) There is hereby created in the Third Judicial District an additional circuit-chancery judgeship which shall have jurisdiction in law, equity, and probate. (2) (A) The additional judge shall be elected in the same manner and shall satisfy the same qualifications for holding office and shall receive the same salary, expenses, and other allowances as provided by law for judges of the circuit-chancery courts. (B) The judge shall serve for elected terms of four (4) years. (3) The judge of the additional circuit-chancery judgeship created in subdivision (b)(1) of this section shall devote such time as may be required to perform the duties of judge of the juvenile division, which duties shall be the primary obligation of the judge, and shall sit as judge of the circuit, chancery, or probate court as time permits.

(1) There is hereby created in the Third Judicial District an additional circuit-chancery judgeship which shall have jurisdiction in law, equity, and probate.

(2) (A) The additional judge shall be elected in the same manner and shall satisfy the same qualifications for holding office and shall receive the same salary, expenses, and other allowances as provided by law for judges of the circuit-chancery courts. (B) The judge shall serve for elected terms of four (4) years.

(A) The additional judge shall be elected in the same manner and shall satisfy the same qualifications for holding office and shall receive the same salary, expenses, and other allowances as provided by law for judges of the circuit-chancery courts.

(B) The judge shall serve for elected terms of four (4) years.

(3) The judge of the additional circuit-chancery judgeship created in subdivision (b)(1) of this section shall devote such time as may be required to perform the duties of judge of the juvenile division, which duties shall be the primary obligation of the judge, and shall sit as judge of the circuit, chancery, or probate court as time permits.

(c) (1) (A) There is created in the Third Judicial District an additional circuit-chancery judgeship, which shall have jurisdiction in law, equity, and probate. (B) Pursuant to Arkansas Constitution, Amendment 80, the additional judgeship shall become a circuit judgeship on July 1, 2001. (C) The judge shall serve for elected terms of six (6) years. (2) The counties which compose the Third Judicial District shall provide courtroom and office facilities and supplies for the judge of the judgeship created by this subsection, which shall be paid out of the county treasuries in the same manner as other demands against the counties, out of funds appropriated by the respective quorum courts of the counties for such purposes. (3) There shall be provided for the judge of the judgeship created by this subsection a court reporter and a trial court administrative assistant whose salaries shall be fixed and paid in the manner provided by law for court reporters and trial court administrative assistants of the circuit courts of this state.

(1) (A) There is created in the Third Judicial District an additional circuit-chancery judgeship, which shall have jurisdiction in law, equity, and probate. (B) Pursuant to Arkansas Constitution, Amendment 80, the additional judgeship shall become a circuit judgeship on July 1, 2001. (C) The judge shall serve for elected terms of six (6) years.

(A) There is created in the Third Judicial District an additional circuit-chancery judgeship, which shall have jurisdiction in law, equity, and probate.

(B) Pursuant to Arkansas Constitution, Amendment 80, the additional judgeship shall become a circuit judgeship on July 1, 2001.

(C) The judge shall serve for elected terms of six (6) years.

(2) The counties which compose the Third Judicial District shall provide courtroom and office facilities and supplies for the judge of the judgeship created by this subsection, which shall be paid out of the county treasuries in the same manner as other demands against the counties, out of funds appropriated by the respective quorum courts of the counties for such purposes.

(3) There shall be provided for the judge of the judgeship created by this subsection a court reporter and a trial court administrative assistant whose salaries shall be fixed and paid in the manner provided by law for court reporters and trial court administrative assistants of the circuit courts of this state.

Acts 1977, No. 432, § 1; A.S.A. 1947, § 22-365; Acts 1995, No. 582, § 2; 1999, No. 1355, § 1; 2001, No. 114, § 1.
Ark. Code Ann. § 16-94-213 — AR Code / Title 16 / Chapter 94 / Subchapter 2 / Section 16-94-213
Arrest prior to requisition
Status: in_force

Whenever any person within this state shall be charged on the oath of any credible person before any judge or other magistrate of this state with the commission of a crime in any other state, and, except in cases arising under § 16-94-206 , with having fled from justice; or whenever complaint shall have been made before any judge or other magistrate in this state setting forth on the affidavit of any credible person in another state that a crime has been committed in such other state and that the accused has been charged in such state with the commission of the crime, and except in cases arising under § 16-94-206 , has fled therefrom and is believed to have been found in this state, the judge or magistrate shall issue a warrant directed to the sheriff of the county in which the oath or complaint is filed directing him or her to apprehend the person charged, wherever he or she may be found in this state, and bring him or her before the same or any other judge, court, or magistrate who may be convenient of access to the place where the arrest may be made, to answer the charge or complaint and affidavit; and a certified copy of the sworn charge or complaint and affidavit upon which the warrant is issued shall be attached to the warrant. Acts 1935, No. 126, § 13; Pope's Dig., § 6093; A.S.A. 1947, § 43-3013.

Whenever any person within this state shall be charged on the oath of any credible person before any judge or other magistrate of this state with the commission of a crime in any other state, and, except in cases arising under § 16-94-206 , with having fled from justice; or whenever complaint shall have been made before any judge or other magistrate in this state setting forth on the affidavit of any credible person in another state that a crime has been committed in such other state and that the accused has been charged in such state with the commission of the crime, and except in cases arising under § 16-94-206 , has fled therefrom and is believed to have been found in this state, the judge or magistrate shall issue a warrant directed to the sheriff of the county in which the oath or complaint is filed directing him or her to apprehend the person charged, wherever he or she may be found in this state, and bring him or her before the same or any other judge, court, or magistrate who may be convenient of access to the place where the arrest may be made, to answer the charge or complaint and affidavit; and a certified copy of the sworn charge or complaint and affidavit upon which the warrant is issued shall be attached to the warrant.

Acts 1935, No. 126, § 13; Pope's Dig., § 6093; A.S.A. 1947, § 43-3013.
Ark. Code Ann. § 16-61-205 — AR Code / Title 16 / Chapter 61 / Subchapter 2 / Section 16-61-205
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1116,§ 6, eff. 8/16/2013, and applicable to all causes of action accruing on or after March 25, 2003. Acts 1941, No. 315, § 5; A.S.A. 1947, § 34-1005.

Repealed by Act 2013, No. 1116,§ 6, eff. 8/16/2013, and applicable to all causes of action accruing on or after March 25, 2003.

Acts 1941, No. 315, § 5; A.S.A. 1947, § 34-1005.
Ark. Code Ann. § 16-31-107 — AR Code / Title 16 / Chapter 31 / Section 16-31-107
Effect of unqualified juror upon verdict or indictment
Status: in_force

No verdict or indictment shall be void or voidable because any juror shall fail to possess any of the qualifications required in this act unless a juror shall knowingly answer falsely any question on voir dire relating to his qualifications propounded by the court or counsel in any cause. A juror who shall knowingly fail to respond audibly or otherwise as is required by the circumstances to make his position known to the court or counsel in response to any question propounded by the court or counsel, the answer to which would reveal a disqualification on the part of the juror, shall be deemed to have answered falsely. Acts 1969, No. 568, § 6; A.S.A. 1947, § 39-106.

No verdict or indictment shall be void or voidable because any juror shall fail to possess any of the qualifications required in this act unless a juror shall knowingly answer falsely any question on voir dire relating to his qualifications propounded by the court or counsel in any cause. A juror who shall knowingly fail to respond audibly or otherwise as is required by the circumstances to make his position known to the court or counsel in response to any question propounded by the court or counsel, the answer to which would reveal a disqualification on the part of the juror, shall be deemed to have answered falsely.

Acts 1969, No. 568, § 6; A.S.A. 1947, § 39-106.
Ark. Code Ann. § 16-21-701 — AR Code / Title 16 / Chapter 21 / Subchapter 7 / Section 16-21-701
Expense allowance
Status: in_force

(a) (1) The Prosecuting Attorney for the Second Judicial District shall be allowed the expenses of his office, including telephone, telegraph, postage, printing, office supplies and equipment, automobiles, office rent, and other expenses which, within the discretion of the prosecuting attorney, may be a proper expense of the office, and also including necessary expenses in connection with any proper investigation instant to any criminal law violation or trials before any grand jury or any court within the judicial district, coming within the duties of his office. (2) The expenses provided for in subdivision (a)(1) of this section shall be borne by the counties comprising the Second Judicial District as follows: (A) Clay County ............... $2,300.00; (B) Craighead County ............... $8,500.00; (C) Crittenden County ............... $8,500.00; (D) Greene County ............... $2,703.96; (E) Mississippi County ............... $8,500.00; and (F) Poinsett County ............... $3,735.96. (3) The expenses provided for in this subsection shall be paid on a monthly or quarterly basis by each county. (b) (1) (A) The Prosecuting Attorney of the Second Judicial District may appoint one (1) or more deputy prosecuting attorneys for Crittenden County at a combined salary not to exceed one hundred seventy thousand dollars ($170,000) per annum, and in such amounts within the total amounts provided in this subsection as may be designated by the prosecuting attorney, plus a combined contingent expense allowance in the amount established by the quorum court not to exceed fifty thousand dollars ($50,000) per annum. (B) The salaries provided for in this subsection shall be paid by the county court in twenty-four (24) semimonthly installments from the county general fund, and the expense allowance shall be paid monthly in an amount necessary to provide office rental, postage, printing, office supplies, equipment, stationery, secretarial assistance, automobile operation, and other proper expenses supported by written itemized claims filed by the deputy prosecuting attorney with the county judge and subject to the approval of the county judge. (2) (A) Expenses actually incurred by the deputy prosecuting attorney or attorneys in Crittenden County in excess of the contingent expense allowance provided for such attorney or attorneys shall be paid upon itemized claims filed by such deputy or deputies. (B) The expense and allowances provided in subdivision (b)(1) of this section shall be in addition to any necessary expense incurred in connection with any proper investigation incident to violations or alleged violations of the criminal laws or any hearing or trial before a grand jury or any court, including expenses of obtaining evidence and securing attendance of witnesses from within or outside of the State of Arkansas and any unusual travel expenses incurred in connection with the duties of his office, which shall be paid by the county from the county general revenue fund upon the filing of a proper claim by the deputy prosecuting attorney or by the person or firm entitled to compensation therefor and having the approval of the deputy prosecuting attorney, the prosecuting attorney, or the court in which such matter is pending. (3) It is not the purpose of this subsection to repeal any laws now or hereafter enacted fixing the fees collectible as prosecuting attorney's fees, but rather to update and make possible a more efficient administration of justice and county government. All courts shall collect the fees heretofore provided by law as prosecuting attorney's fees and all such fees collected shall be paid into the county treasury as required by law regarding funds belonging to the county. It is the explicit legislative intent to provide the salaries and expense allowances set forth in this subsection without regard to the amount of prosecuting attorney's fees and emoluments earned or collected in the counties affected by the subsection. However, nothing in this subsection shall be so interpreted as to preclude Crittenden County from paying additional expense allowances in addition to those enumerated in this subsection upon proper action of the appropriate quorum courts. Acts 1981, No. 961, § 2; A.S.A. 1947, § 24-114.16; Acts 1987, No. 343, § 1; 1987, No. 411, § 1; 1991, No. 196, §§ 1, 5; 1995, No. 945, §§ 1-3, 5; 1999, No. 1038, § 1.

(a) (1) The Prosecuting Attorney for the Second Judicial District shall be allowed the expenses of his office, including telephone, telegraph, postage, printing, office supplies and equipment, automobiles, office rent, and other expenses which, within the discretion of the prosecuting attorney, may be a proper expense of the office, and also including necessary expenses in connection with any proper investigation instant to any criminal law violation or trials before any grand jury or any court within the judicial district, coming within the duties of his office. (2) The expenses provided for in subdivision (a)(1) of this section shall be borne by the counties comprising the Second Judicial District as follows: (A) Clay County ............... $2,300.00; (B) Craighead County ............... $8,500.00; (C) Crittenden County ............... $8,500.00; (D) Greene County ............... $2,703.96; (E) Mississippi County ............... $8,500.00; and (F) Poinsett County ............... $3,735.96. (3) The expenses provided for in this subsection shall be paid on a monthly or quarterly basis by each county.

(1) The Prosecuting Attorney for the Second Judicial District shall be allowed the expenses of his office, including telephone, telegraph, postage, printing, office supplies and equipment, automobiles, office rent, and other expenses which, within the discretion of the prosecuting attorney, may be a proper expense of the office, and also including necessary expenses in connection with any proper investigation instant to any criminal law violation or trials before any grand jury or any court within the judicial district, coming within the duties of his office.

(2) The expenses provided for in subdivision (a)(1) of this section shall be borne by the counties comprising the Second Judicial District as follows: (A) Clay County ............... $2,300.00; (B) Craighead County ............... $8,500.00; (C) Crittenden County ............... $8,500.00; (D) Greene County ............... $2,703.96; (E) Mississippi County ............... $8,500.00; and (F) Poinsett County ............... $3,735.96.

(A) Clay County ............... $2,300.00;

(B) Craighead County ............... $8,500.00;

(C) Crittenden County ............... $8,500.00;

(D) Greene County ............... $2,703.96;

(E) Mississippi County ............... $8,500.00; and

(F) Poinsett County ............... $3,735.96.

(3) The expenses provided for in this subsection shall be paid on a monthly or quarterly basis by each county.

(b) (1) (A) The Prosecuting Attorney of the Second Judicial District may appoint one (1) or more deputy prosecuting attorneys for Crittenden County at a combined salary not to exceed one hundred seventy thousand dollars ($170,000) per annum, and in such amounts within the total amounts provided in this subsection as may be designated by the prosecuting attorney, plus a combined contingent expense allowance in the amount established by the quorum court not to exceed fifty thousand dollars ($50,000) per annum. (B) The salaries provided for in this subsection shall be paid by the county court in twenty-four (24) semimonthly installments from the county general fund, and the expense allowance shall be paid monthly in an amount necessary to provide office rental, postage, printing, office supplies, equipment, stationery, secretarial assistance, automobile operation, and other proper expenses supported by written itemized claims filed by the deputy prosecuting attorney with the county judge and subject to the approval of the county judge. (2) (A) Expenses actually incurred by the deputy prosecuting attorney or attorneys in Crittenden County in excess of the contingent expense allowance provided for such attorney or attorneys shall be paid upon itemized claims filed by such deputy or deputies. (B) The expense and allowances provided in subdivision (b)(1) of this section shall be in addition to any necessary expense incurred in connection with any proper investigation incident to violations or alleged violations of the criminal laws or any hearing or trial before a grand jury or any court, including expenses of obtaining evidence and securing attendance of witnesses from within or outside of the State of Arkansas and any unusual travel expenses incurred in connection with the duties of his office, which shall be paid by the county from the county general revenue fund upon the filing of a proper claim by the deputy prosecuting attorney or by the person or firm entitled to compensation therefor and having the approval of the deputy prosecuting attorney, the prosecuting attorney, or the court in which such matter is pending. (3) It is not the purpose of this subsection to repeal any laws now or hereafter enacted fixing the fees collectible as prosecuting attorney's fees, but rather to update and make possible a more efficient administration of justice and county government. All courts shall collect the fees heretofore provided by law as prosecuting attorney's fees and all such fees collected shall be paid into the county treasury as required by law regarding funds belonging to the county. It is the explicit legislative intent to provide the salaries and expense allowances set forth in this subsection without regard to the amount of prosecuting attorney's fees and emoluments earned or collected in the counties affected by the subsection. However, nothing in this subsection shall be so interpreted as to preclude Crittenden County from paying additional expense allowances in addition to those enumerated in this subsection upon proper action of the appropriate quorum courts.

(1) (A) The Prosecuting Attorney of the Second Judicial District may appoint one (1) or more deputy prosecuting attorneys for Crittenden County at a combined salary not to exceed one hundred seventy thousand dollars ($170,000) per annum, and in such amounts within the total amounts provided in this subsection as may be designated by the prosecuting attorney, plus a combined contingent expense allowance in the amount established by the quorum court not to exceed fifty thousand dollars ($50,000) per annum. (B) The salaries provided for in this subsection shall be paid by the county court in twenty-four (24) semimonthly installments from the county general fund, and the expense allowance shall be paid monthly in an amount necessary to provide office rental, postage, printing, office supplies, equipment, stationery, secretarial assistance, automobile operation, and other proper expenses supported by written itemized claims filed by the deputy prosecuting attorney with the county judge and subject to the approval of the county judge.

(A) The Prosecuting Attorney of the Second Judicial District may appoint one (1) or more deputy prosecuting attorneys for Crittenden County at a combined salary not to exceed one hundred seventy thousand dollars ($170,000) per annum, and in such amounts within the total amounts provided in this subsection as may be designated by the prosecuting attorney, plus a combined contingent expense allowance in the amount established by the quorum court not to exceed fifty thousand dollars ($50,000) per annum.

(B) The salaries provided for in this subsection shall be paid by the county court in twenty-four (24) semimonthly installments from the county general fund, and the expense allowance shall be paid monthly in an amount necessary to provide office rental, postage, printing, office supplies, equipment, stationery, secretarial assistance, automobile operation, and other proper expenses supported by written itemized claims filed by the deputy prosecuting attorney with the county judge and subject to the approval of the county judge.

(2) (A) Expenses actually incurred by the deputy prosecuting attorney or attorneys in Crittenden County in excess of the contingent expense allowance provided for such attorney or attorneys shall be paid upon itemized claims filed by such deputy or deputies. (B) The expense and allowances provided in subdivision (b)(1) of this section shall be in addition to any necessary expense incurred in connection with any proper investigation incident to violations or alleged violations of the criminal laws or any hearing or trial before a grand jury or any court, including expenses of obtaining evidence and securing attendance of witnesses from within or outside of the State of Arkansas and any unusual travel expenses incurred in connection with the duties of his office, which shall be paid by the county from the county general revenue fund upon the filing of a proper claim by the deputy prosecuting attorney or by the person or firm entitled to compensation therefor and having the approval of the deputy prosecuting attorney, the prosecuting attorney, or the court in which such matter is pending.

(A) Expenses actually incurred by the deputy prosecuting attorney or attorneys in Crittenden County in excess of the contingent expense allowance provided for such attorney or attorneys shall be paid upon itemized claims filed by such deputy or deputies.

(B) The expense and allowances provided in subdivision (b)(1) of this section shall be in addition to any necessary expense incurred in connection with any proper investigation incident to violations or alleged violations of the criminal laws or any hearing or trial before a grand jury or any court, including expenses of obtaining evidence and securing attendance of witnesses from within or outside of the State of Arkansas and any unusual travel expenses incurred in connection with the duties of his office, which shall be paid by the county from the county general revenue fund upon the filing of a proper claim by the deputy prosecuting attorney or by the person or firm entitled to compensation therefor and having the approval of the deputy prosecuting attorney, the prosecuting attorney, or the court in which such matter is pending.

(3) It is not the purpose of this subsection to repeal any laws now or hereafter enacted fixing the fees collectible as prosecuting attorney's fees, but rather to update and make possible a more efficient administration of justice and county government. All courts shall collect the fees heretofore provided by law as prosecuting attorney's fees and all such fees collected shall be paid into the county treasury as required by law regarding funds belonging to the county. It is the explicit legislative intent to provide the salaries and expense allowances set forth in this subsection without regard to the amount of prosecuting attorney's fees and emoluments earned or collected in the counties affected by the subsection. However, nothing in this subsection shall be so interpreted as to preclude Crittenden County from paying additional expense allowances in addition to those enumerated in this subsection upon proper action of the appropriate quorum courts.

Acts 1981, No. 961, § 2; A.S.A. 1947, § 24-114.16; Acts 1987, No. 343, § 1; 1987, No. 411, § 1; 1991, No. 196, §§ 1, 5; 1995, No. 945, §§ 1-3, 5; 1999, No. 1038, § 1.
Ark. Code Ann. § 16-88-106 — AR Code / Title 16 / Chapter 88 / Subchapter 1 / Section 16-88-106
Mississippi River - Jurisdictional boundaries
Status: in_force

(a) The criminal jurisdiction of the State of Arkansas is extended as follows: Beginning at a point where the north boundary line of Arkansas intersects the west bank of the Mississippi River and extending east along a line in extension of and parallel to the said north boundary of Arkansas to the east bank of the said Mississippi River; thence south along the bank, and following the meandering thereof to a point where a line drawn east along and parallel to the south boundary of Arkansas would intersect the east bank of the Mississippi River, thence west along that line to a point where the south boundary line of Arkansas intersects the west bank of the Mississippi River. (b) The State of Arkansas and her sister states, Tennessee and Mississippi, have concurrent criminal jurisdiction over the parts of the territory lying opposite them and between the lines extending and parallel to their north and south boundaries. Acts 1909, No. 290, §§ 1, 2, p. 888; C. & M. Dig., §§ 2860, 2861; Pope's Dig., §§ 3676, 3677; A.S.A. 1947, §§ 43-1401, 43-1402.

(a) The criminal jurisdiction of the State of Arkansas is extended as follows: Beginning at a point where the north boundary line of Arkansas intersects the west bank of the Mississippi River and extending east along a line in extension of and parallel to the said north boundary of Arkansas to the east bank of the said Mississippi River; thence south along the bank, and following the meandering thereof to a point where a line drawn east along and parallel to the south boundary of Arkansas would intersect the east bank of the Mississippi River, thence west along that line to a point where the south boundary line of Arkansas intersects the west bank of the Mississippi River.

Beginning at a point where the north boundary line of Arkansas intersects the west bank of the Mississippi River and extending east along a line in extension of and parallel to the said north boundary of Arkansas to the east bank of the said Mississippi River; thence south along the bank, and following the meandering thereof to a point where a line drawn east along and parallel to the south boundary of Arkansas would intersect the east bank of the Mississippi River, thence west along that line to a point where the south boundary line of Arkansas intersects the west bank of the Mississippi River.

(b) The State of Arkansas and her sister states, Tennessee and Mississippi, have concurrent criminal jurisdiction over the parts of the territory lying opposite them and between the lines extending and parallel to their north and south boundaries.

Acts 1909, No. 290, §§ 1, 2, p. 888; C. & M. Dig., §§ 2860, 2861; Pope's Dig., §§ 3676, 3677; A.S.A. 1947, §§ 43-1401, 43-1402.
Ark. Code Ann. § 16-32-109 — AR Code / Title 16 / Chapter 32 / Subchapter 1 / Section 16-32-109
Selection upon challenge by litigant
Status: in_force

(a) (1) A challenge to the use of the names selected by the circuit clerk and placed in the jury wheel or box for the drawing of trial panels from the jury wheel or box may be made only by a litigant in a particular case. (2) (A) If the trial judge sustains the challenge to the use of names in the jury wheel or box for the drawing of trial jurors, he or she shall instruct the circuit clerk to select such a number of persons as the trial judge may designate from the current voter registration list in the manner provided by § 16-32-103(a) -(d). (B) The list of persons, upon being summoned, shall constitute the panel of jurors for the trial of the cause. (3) If the panel is exhausted prior to the formation of the trial jury for any reason, the trial judge shall instruct the circuit clerk to select additional names as provided for in this section and place the additional names on the list to be summoned as special jurors in such numbers as is deemed necessary to complete the jury for the trial of the cause. (b) (1) A challenge to the jury drawn from the jury wheel or box may be made by a litigant in a particular case and shall be sustained by the court if it appears that there was a substantial irregularity in the drawing or summoning of the jury. (2) In such a case, the court shall order in open court another panel drawn for the trial of the case and other cases in which a similar challenge is sustained. Amended by Act 2017, No. 600,§ 6, eff. 8/1/2017. Acts 1969, No. 568, § 23; 1975, No. 485, § 5; A.S.A. 1947, §§ 39-214.1, 39-215.

(a) (1) A challenge to the use of the names selected by the circuit clerk and placed in the jury wheel or box for the drawing of trial panels from the jury wheel or box may be made only by a litigant in a particular case. (2) (A) If the trial judge sustains the challenge to the use of names in the jury wheel or box for the drawing of trial jurors, he or she shall instruct the circuit clerk to select such a number of persons as the trial judge may designate from the current voter registration list in the manner provided by § 16-32-103(a) -(d). (B) The list of persons, upon being summoned, shall constitute the panel of jurors for the trial of the cause. (3) If the panel is exhausted prior to the formation of the trial jury for any reason, the trial judge shall instruct the circuit clerk to select additional names as provided for in this section and place the additional names on the list to be summoned as special jurors in such numbers as is deemed necessary to complete the jury for the trial of the cause.

(1) A challenge to the use of the names selected by the circuit clerk and placed in the jury wheel or box for the drawing of trial panels from the jury wheel or box may be made only by a litigant in a particular case.

(2) (A) If the trial judge sustains the challenge to the use of names in the jury wheel or box for the drawing of trial jurors, he or she shall instruct the circuit clerk to select such a number of persons as the trial judge may designate from the current voter registration list in the manner provided by § 16-32-103(a) -(d). (B) The list of persons, upon being summoned, shall constitute the panel of jurors for the trial of the cause.

(A) If the trial judge sustains the challenge to the use of names in the jury wheel or box for the drawing of trial jurors, he or she shall instruct the circuit clerk to select such a number of persons as the trial judge may designate from the current voter registration list in the manner provided by § 16-32-103(a) -(d).

(B) The list of persons, upon being summoned, shall constitute the panel of jurors for the trial of the cause.

(3) If the panel is exhausted prior to the formation of the trial jury for any reason, the trial judge shall instruct the circuit clerk to select additional names as provided for in this section and place the additional names on the list to be summoned as special jurors in such numbers as is deemed necessary to complete the jury for the trial of the cause.

(b) (1) A challenge to the jury drawn from the jury wheel or box may be made by a litigant in a particular case and shall be sustained by the court if it appears that there was a substantial irregularity in the drawing or summoning of the jury. (2) In such a case, the court shall order in open court another panel drawn for the trial of the case and other cases in which a similar challenge is sustained.

(1) A challenge to the jury drawn from the jury wheel or box may be made by a litigant in a particular case and shall be sustained by the court if it appears that there was a substantial irregularity in the drawing or summoning of the jury.

(2) In such a case, the court shall order in open court another panel drawn for the trial of the case and other cases in which a similar challenge is sustained.

Amended by Act 2017, No. 600,§ 6, eff. 8/1/2017.

Acts 1969, No. 568, § 23; 1975, No. 485, § 5; A.S.A. 1947, §§ 39-214.1, 39-215.
Ark. Code Ann. § 16-90-803 — AR Code / Title 16 / Chapter 90 / Subchapter 8 / Section 16-90-803
Voluntary presumptive standards
Status: in_force

(a) (1) (A) When a person charged with a felony enters a plea of guilty or nolo contendere, enters a negotiated plea, or is found guilty in a trial before the judge, or when the trial judge is authorized to fix punishment following an adjudication of guilt by a jury pursuant to § 5-4-103 , sentencing may follow the procedures provided in § 16-90-804 . (B) However, these sentencing procedures do not apply to probation revocation proceedings. (2) The voluntary presumptive sentence for any offender who committed a felony on or after January 1, 1994, may be determined by locating the appropriate cell of the sentencing standards grid. (b) The two (2) dimensions of the sentencing standards grid represent the primary determinants of a sentence, offense seriousness and offender history. (1) Offense Seriousness. The offense seriousness level is determined by the offense of conviction or the offense of which the person was found guilty or to which the person pleaded guilty or nolo contendere. (A) Felony offenses are ranked by seriousness, with lower seriousness levels representing less serious offenses. (B) The typical cases for the offenses listed within each level of seriousness on a grid are deemed to be generally equivalent in seriousness. (C) The most frequently occurring offenses within each seriousness level are listed on the vertical axis of the sentencing standards grid. (D) The seriousness level for infrequently occurring offenses can be determined by consulting the offense seriousness reference table. (E) The seriousness level for inchoate offenses is one (1) level below the level for substantive offenses. (2) Offender History. An offender's criminal history score constitutes the horizontal axis of the sentencing standards grid. (A) The offender's criminal history score shall be computed from the following: (i) Prior felony records; (ii) Prior misdemeanor records; (iii) Prior juvenile records, under certain circumstances set out in subdivision (b)(2)(C) of this section; and (iv) Custody status at the time of the offense. (B) The term "records", for the purpose of computing criminal history scores, shall include all of the following that are entered up to the date of sentencing for the offense: (i) Convictions; (ii) Findings of guilt; (iii) Acceptance of pleas of guilty or nolo contendere; (iv) Instances in which the defendant has been placed on probation, suspended imposition of sentence, or suspended execution of sentence; (v) Records that have been expunged after August 31, 1994; and (vi) Dismissals ordered after August 31, 1994, pursuant to § 16-93-301 et seq. (C) The specific weights to be assigned to the various criteria are as follows: (i) Weight is assigned to prior felony records according to seriousness level, as follows: (a) Seriousness levels I, II, III, IV, and V = one-half (0.5) point; and (b) Seriousness levels VI, VII, VIII, IX, and X = one (1) point; (ii) Weight is assigned only to Class A misdemeanors. (a) Each Class A misdemeanor is worth one-quarter (0.25) point. (b) No more than one (1) point may be accrued from misdemeanor records; (iii) Weight is assigned only to judicial adjudications of delinquency for offenses for which a juvenile could have been tried as an adult and which the trial court deem relevant to sentencing in the current proceeding. (a) Each adjudication is worth one-quarter (0.25) point, except for offenses adjudicated as delinquent which if committed by an adult are worth one (1) point and would have constituted: (1) Capital murder, § 5-10-101 ; (2) Murder in the first degree, § 5-10-102 ; (3) Murder in the second degree, § 5-10-103 ; (4) Kidnapping in the first degree, § 5-11-102 ; (5) Aggravated robbery, § 5-12-103 ; (6) Rape, § 5-14-103 ; (7) Battery in the first degree, § 5-13-201 ; or (8) Aggravated assault upon a law enforcement officer or an employee of a correctional facility, § 5-13-211 , if a Class Y felony. (b) (1) No more than one (1) point may be accrued from juvenile offenses unless one (1) of the offenses adjudicated as delinquent would have constituted, if committed by an adult: (A) Capital murder, § 5-10-101 ; (B) Murder in the first degree, § 5-10-102 ; (C) Murder in the second degree, § 5-10-103 ; (D) Kidnapping in the first degree, § 5-11-102 ; (E) Aggravated robbery, § 5-12-103 ; (F) Rape, § 5-14-103 ; (G) Battery in the first degree, § 5-13-201 ; or (H) Aggravated assault upon a law enforcement officer or an employee of a correctional facility, § 5-13-211 , if a Class Y felony. (2) An offender may receive no more than two (2) points for juvenile offenses; (iv) One (1) point is to be added to an offender's score if the offender is under any type of criminal justice restraint for a felony offense at the time that he or she committed the crime for which he or she is being sentenced. Such restraint includes without limitation pretrial bond, suspended imposition of sentence, probation, parole, postprison supervision, and release pending sentencing for a prior crime; (v) (a) Juvenile offenses must have occurred within ten (10) years of the time of the offense for which an offender is being currently sentenced. (b) Misdemeanor offenses must have occurred within ten (10) years of the time of the offense for which an offender is currently being sentenced. (c) Felony offenses at seriousness levels I-V will not be counted if a period of fifteen (15) years has elapsed since the date of discharge from or expiration of the sentence to the date of the current offense; and (vi) When multiple sentences for a single course of conduct were imposed, only the offense at the highest seriousness level is considered. (3) (A) (i) The offense of conviction determines the appropriate seriousness level on the vertical axis. (ii) The offender's criminal history score determines the appropriate location on the horizontal axis. (B) The voluntary presumptive fixed sentence for a felony conviction is found in the sentencing standards grid cell at the intersection of the column defined by the criminal history score and the row defined by the offense seriousness level. (C) The statutory minimum or maximum ranges for a particular offense shall govern over a voluntary presumptive sentence if the voluntary presumptive sentence should fall below or above the statutory minimum or maximum ranges. (4) This section shall not apply when a jury has recommended a sentence to the trial judge. (5) Capital murder is excluded from the sentencing standards and is subject to the procedures in § 5-4-601 et seq. (c) For all arrests or offenses occurring before July 1, 2005, that have not reached a final disposition as to judgment in the trial court, sentencing shall be in accordance with the law in effect at the time the offense occurred and not under the provisions of this section. Amended by Act 2023, No. 659,§ 131, eff. 1/1/2024. Amended by Act 2023, No. 659,§ 130, eff. 1/1/2024. Amended by Act 2021, No. 426,§ 1, eff. 7/28/2021. Amended by Act 2017, No. 423,§ 13, eff. 8/1/2017. Amended by Act 2017, No. 423,§ 14, eff. 8/1/2017. Amended by Act 2017, No. 367,§ 13, eff. 8/1/2017. Amended by Act 2017, No. 367,§ 12, eff. 8/1/2017. Acts 1993, No. 532, § 2; 1993, No. 550, § 2; 1994 (2nd Ex. Sess.), No. 59, § 1; 1994 (2nd Ex. Sess.), No. 60, § 1; 1995, No. 1170, § 7; 2001, No. 1179, § 1; 2005, No. 186, § 1.

(a) (1) (A) When a person charged with a felony enters a plea of guilty or nolo contendere, enters a negotiated plea, or is found guilty in a trial before the judge, or when the trial judge is authorized to fix punishment following an adjudication of guilt by a jury pursuant to § 5-4-103 , sentencing may follow the procedures provided in § 16-90-804 . (B) However, these sentencing procedures do not apply to probation revocation proceedings. (2) The voluntary presumptive sentence for any offender who committed a felony on or after January 1, 1994, may be determined by locating the appropriate cell of the sentencing standards grid.

(1) (A) When a person charged with a felony enters a plea of guilty or nolo contendere, enters a negotiated plea, or is found guilty in a trial before the judge, or when the trial judge is authorized to fix punishment following an adjudication of guilt by a jury pursuant to § 5-4-103 , sentencing may follow the procedures provided in § 16-90-804 . (B) However, these sentencing procedures do not apply to probation revocation proceedings.

(A) When a person charged with a felony enters a plea of guilty or nolo contendere, enters a negotiated plea, or is found guilty in a trial before the judge, or when the trial judge is authorized to fix punishment following an adjudication of guilt by a jury pursuant to § 5-4-103 , sentencing may follow the procedures provided in § 16-90-804 .

(B) However, these sentencing procedures do not apply to probation revocation proceedings.

(2) The voluntary presumptive sentence for any offender who committed a felony on or after January 1, 1994, may be determined by locating the appropriate cell of the sentencing standards grid.

(b) The two (2) dimensions of the sentencing standards grid represent the primary determinants of a sentence, offense seriousness and offender history. (1) Offense Seriousness. The offense seriousness level is determined by the offense of conviction or the offense of which the person was found guilty or to which the person pleaded guilty or nolo contendere. (A) Felony offenses are ranked by seriousness, with lower seriousness levels representing less serious offenses. (B) The typical cases for the offenses listed within each level of seriousness on a grid are deemed to be generally equivalent in seriousness. (C) The most frequently occurring offenses within each seriousness level are listed on the vertical axis of the sentencing standards grid. (D) The seriousness level for infrequently occurring offenses can be determined by consulting the offense seriousness reference table. (E) The seriousness level for inchoate offenses is one (1) level below the level for substantive offenses. (2) Offender History. An offender's criminal history score constitutes the horizontal axis of the sentencing standards grid. (A) The offender's criminal history score shall be computed from the following: (i) Prior felony records; (ii) Prior misdemeanor records; (iii) Prior juvenile records, under certain circumstances set out in subdivision (b)(2)(C) of this section; and (iv) Custody status at the time of the offense. (B) The term "records", for the purpose of computing criminal history scores, shall include all of the following that are entered up to the date of sentencing for the offense: (i) Convictions; (ii) Findings of guilt; (iii) Acceptance of pleas of guilty or nolo contendere; (iv) Instances in which the defendant has been placed on probation, suspended imposition of sentence, or suspended execution of sentence; (v) Records that have been expunged after August 31, 1994; and (vi) Dismissals ordered after August 31, 1994, pursuant to § 16-93-301 et seq. (C) The specific weights to be assigned to the various criteria are as follows: (i) Weight is assigned to prior felony records according to seriousness level, as follows: (a) Seriousness levels I, II, III, IV, and V = one-half (0.5) point; and (b) Seriousness levels VI, VII, VIII, IX, and X = one (1) point; (ii) Weight is assigned only to Class A misdemeanors. (a) Each Class A misdemeanor is worth one-quarter (0.25) point. (b) No more than one (1) point may be accrued from misdemeanor records; (iii) Weight is assigned only to judicial adjudications of delinquency for offenses for which a juvenile could have been tried as an adult and which the trial court deem relevant to sentencing in the current proceeding. (a) Each adjudication is worth one-quarter (0.25) point, except for offenses adjudicated as delinquent which if committed by an adult are worth one (1) point and would have constituted: (1) Capital murder, § 5-10-101 ; (2) Murder in the first degree, § 5-10-102 ; (3) Murder in the second degree, § 5-10-103 ; (4) Kidnapping in the first degree, § 5-11-102 ; (5) Aggravated robbery, § 5-12-103 ; (6) Rape, § 5-14-103 ; (7) Battery in the first degree, § 5-13-201 ; or (8) Aggravated assault upon a law enforcement officer or an employee of a correctional facility, § 5-13-211 , if a Class Y felony. (b) (1) No more than one (1) point may be accrued from juvenile offenses unless one (1) of the offenses adjudicated as delinquent would have constituted, if committed by an adult: (A) Capital murder, § 5-10-101 ; (B) Murder in the first degree, § 5-10-102 ; (C) Murder in the second degree, § 5-10-103 ; (D) Kidnapping in the first degree, § 5-11-102 ; (E) Aggravated robbery, § 5-12-103 ; (F) Rape, § 5-14-103 ; (G) Battery in the first degree, § 5-13-201 ; or (H) Aggravated assault upon a law enforcement officer or an employee of a correctional facility, § 5-13-211 , if a Class Y felony. (2) An offender may receive no more than two (2) points for juvenile offenses; (iv) One (1) point is to be added to an offender's score if the offender is under any type of criminal justice restraint for a felony offense at the time that he or she committed the crime for which he or she is being sentenced. Such restraint includes without limitation pretrial bond, suspended imposition of sentence, probation, parole, postprison supervision, and release pending sentencing for a prior crime; (v) (a) Juvenile offenses must have occurred within ten (10) years of the time of the offense for which an offender is being currently sentenced. (b) Misdemeanor offenses must have occurred within ten (10) years of the time of the offense for which an offender is currently being sentenced. (c) Felony offenses at seriousness levels I-V will not be counted if a period of fifteen (15) years has elapsed since the date of discharge from or expiration of the sentence to the date of the current offense; and (vi) When multiple sentences for a single course of conduct were imposed, only the offense at the highest seriousness level is considered. (3) (A) (i) The offense of conviction determines the appropriate seriousness level on the vertical axis. (ii) The offender's criminal history score determines the appropriate location on the horizontal axis. (B) The voluntary presumptive fixed sentence for a felony conviction is found in the sentencing standards grid cell at the intersection of the column defined by the criminal history score and the row defined by the offense seriousness level. (C) The statutory minimum or maximum ranges for a particular offense shall govern over a voluntary presumptive sentence if the voluntary presumptive sentence should fall below or above the statutory minimum or maximum ranges. (4) This section shall not apply when a jury has recommended a sentence to the trial judge. (5) Capital murder is excluded from the sentencing standards and is subject to the procedures in § 5-4-601 et seq.

(1) Offense Seriousness. The offense seriousness level is determined by the offense of conviction or the offense of which the person was found guilty or to which the person pleaded guilty or nolo contendere. (A) Felony offenses are ranked by seriousness, with lower seriousness levels representing less serious offenses. (B) The typical cases for the offenses listed within each level of seriousness on a grid are deemed to be generally equivalent in seriousness. (C) The most frequently occurring offenses within each seriousness level are listed on the vertical axis of the sentencing standards grid. (D) The seriousness level for infrequently occurring offenses can be determined by consulting the offense seriousness reference table. (E) The seriousness level for inchoate offenses is one (1) level below the level for substantive offenses.

(A) Felony offenses are ranked by seriousness, with lower seriousness levels representing less serious offenses.

(B) The typical cases for the offenses listed within each level of seriousness on a grid are deemed to be generally equivalent in seriousness.

(C) The most frequently occurring offenses within each seriousness level are listed on the vertical axis of the sentencing standards grid.

(D) The seriousness level for infrequently occurring offenses can be determined by consulting the offense seriousness reference table.

(E) The seriousness level for inchoate offenses is one (1) level below the level for substantive offenses.

(2) Offender History. An offender's criminal history score constitutes the horizontal axis of the sentencing standards grid. (A) The offender's criminal history score shall be computed from the following: (i) Prior felony records; (ii) Prior misdemeanor records; (iii) Prior juvenile records, under certain circumstances set out in subdivision (b)(2)(C) of this section; and (iv) Custody status at the time of the offense. (B) The term "records", for the purpose of computing criminal history scores, shall include all of the following that are entered up to the date of sentencing for the offense: (i) Convictions; (ii) Findings of guilt; (iii) Acceptance of pleas of guilty or nolo contendere; (iv) Instances in which the defendant has been placed on probation, suspended imposition of sentence, or suspended execution of sentence; (v) Records that have been expunged after August 31, 1994; and (vi) Dismissals ordered after August 31, 1994, pursuant to § 16-93-301 et seq. (C) The specific weights to be assigned to the various criteria are as follows: (i) Weight is assigned to prior felony records according to seriousness level, as follows: (a) Seriousness levels I, II, III, IV, and V = one-half (0.5) point; and (b) Seriousness levels VI, VII, VIII, IX, and X = one (1) point; (ii) Weight is assigned only to Class A misdemeanors. (a) Each Class A misdemeanor is worth one-quarter (0.25) point. (b) No more than one (1) point may be accrued from misdemeanor records; (iii) Weight is assigned only to judicial adjudications of delinquency for offenses for which a juvenile could have been tried as an adult and which the trial court deem relevant to sentencing in the current proceeding. (a) Each adjudication is worth one-quarter (0.25) point, except for offenses adjudicated as delinquent which if committed by an adult are worth one (1) point and would have constituted: (1) Capital murder, § 5-10-101 ; (2) Murder in the first degree, § 5-10-102 ; (3) Murder in the second degree, § 5-10-103 ; (4) Kidnapping in the first degree, § 5-11-102 ; (5) Aggravated robbery, § 5-12-103 ; (6) Rape, § 5-14-103 ; (7) Battery in the first degree, § 5-13-201 ; or (8) Aggravated assault upon a law enforcement officer or an employee of a correctional facility, § 5-13-211 , if a Class Y felony. (b) (1) No more than one (1) point may be accrued from juvenile offenses unless one (1) of the offenses adjudicated as delinquent would have constituted, if committed by an adult: (A) Capital murder, § 5-10-101 ; (B) Murder in the first degree, § 5-10-102 ; (C) Murder in the second degree, § 5-10-103 ; (D) Kidnapping in the first degree, § 5-11-102 ; (E) Aggravated robbery, § 5-12-103 ; (F) Rape, § 5-14-103 ; (G) Battery in the first degree, § 5-13-201 ; or (H) Aggravated assault upon a law enforcement officer or an employee of a correctional facility, § 5-13-211 , if a Class Y felony. (2) An offender may receive no more than two (2) points for juvenile offenses; (iv) One (1) point is to be added to an offender's score if the offender is under any type of criminal justice restraint for a felony offense at the time that he or she committed the crime for which he or she is being sentenced. Such restraint includes without limitation pretrial bond, suspended imposition of sentence, probation, parole, postprison supervision, and release pending sentencing for a prior crime; (v) (a) Juvenile offenses must have occurred within ten (10) years of the time of the offense for which an offender is being currently sentenced. (b) Misdemeanor offenses must have occurred within ten (10) years of the time of the offense for which an offender is currently being sentenced. (c) Felony offenses at seriousness levels I-V will not be counted if a period of fifteen (15) years has elapsed since the date of discharge from or expiration of the sentence to the date of the current offense; and (vi) When multiple sentences for a single course of conduct were imposed, only the offense at the highest seriousness level is considered.

(A) The offender's criminal history score shall be computed from the following: (i) Prior felony records; (ii) Prior misdemeanor records; (iii) Prior juvenile records, under certain circumstances set out in subdivision (b)(2)(C) of this section; and (iv) Custody status at the time of the offense.

(i) Prior felony records;

(ii) Prior misdemeanor records;

(iii) Prior juvenile records, under certain circumstances set out in subdivision (b)(2)(C) of this section; and

(iv) Custody status at the time of the offense.

(B) The term "records", for the purpose of computing criminal history scores, shall include all of the following that are entered up to the date of sentencing for the offense: (i) Convictions; (ii) Findings of guilt; (iii) Acceptance of pleas of guilty or nolo contendere; (iv) Instances in which the defendant has been placed on probation, suspended imposition of sentence, or suspended execution of sentence; (v) Records that have been expunged after August 31, 1994; and (vi) Dismissals ordered after August 31, 1994, pursuant to § 16-93-301 et seq.

(i) Convictions;

(ii) Findings of guilt;

(iii) Acceptance of pleas of guilty or nolo contendere;

(iv) Instances in which the defendant has been placed on probation, suspended imposition of sentence, or suspended execution of sentence;

(v) Records that have been expunged after August 31, 1994; and

(vi) Dismissals ordered after August 31, 1994, pursuant to § 16-93-301 et seq.

(C) The specific weights to be assigned to the various criteria are as follows: (i) Weight is assigned to prior felony records according to seriousness level, as follows: (a) Seriousness levels I, II, III, IV, and V = one-half (0.5) point; and (b) Seriousness levels VI, VII, VIII, IX, and X = one (1) point; (ii) Weight is assigned only to Class A misdemeanors. (a) Each Class A misdemeanor is worth one-quarter (0.25) point. (b) No more than one (1) point may be accrued from misdemeanor records; (iii) Weight is assigned only to judicial adjudications of delinquency for offenses for which a juvenile could have been tried as an adult and which the trial court deem relevant to sentencing in the current proceeding. (a) Each adjudication is worth one-quarter (0.25) point, except for offenses adjudicated as delinquent which if committed by an adult are worth one (1) point and would have constituted: (1) Capital murder, § 5-10-101 ; (2) Murder in the first degree, § 5-10-102 ; (3) Murder in the second degree, § 5-10-103 ; (4) Kidnapping in the first degree, § 5-11-102 ; (5) Aggravated robbery, § 5-12-103 ; (6) Rape, § 5-14-103 ; (7) Battery in the first degree, § 5-13-201 ; or (8) Aggravated assault upon a law enforcement officer or an employee of a correctional facility, § 5-13-211 , if a Class Y felony. (b) (1) No more than one (1) point may be accrued from juvenile offenses unless one (1) of the offenses adjudicated as delinquent would have constituted, if committed by an adult: (A) Capital murder, § 5-10-101 ; (B) Murder in the first degree, § 5-10-102 ; (C) Murder in the second degree, § 5-10-103 ; (D) Kidnapping in the first degree, § 5-11-102 ; (E) Aggravated robbery, § 5-12-103 ; (F) Rape, § 5-14-103 ; (G) Battery in the first degree, § 5-13-201 ; or (H) Aggravated assault upon a law enforcement officer or an employee of a correctional facility, § 5-13-211 , if a Class Y felony. (2) An offender may receive no more than two (2) points for juvenile offenses; (iv) One (1) point is to be added to an offender's score if the offender is under any type of criminal justice restraint for a felony offense at the time that he or she committed the crime for which he or she is being sentenced. Such restraint includes without limitation pretrial bond, suspended imposition of sentence, probation, parole, postprison supervision, and release pending sentencing for a prior crime; (v) (a) Juvenile offenses must have occurred within ten (10) years of the time of the offense for which an offender is being currently sentenced. (b) Misdemeanor offenses must have occurred within ten (10) years of the time of the offense for which an offender is currently being sentenced. (c) Felony offenses at seriousness levels I-V will not be counted if a period of fifteen (15) years has elapsed since the date of discharge from or expiration of the sentence to the date of the current offense; and (vi) When multiple sentences for a single course of conduct were imposed, only the offense at the highest seriousness level is considered.

(i) Weight is assigned to prior felony records according to seriousness level, as follows: (a) Seriousness levels I, II, III, IV, and V = one-half (0.5) point; and (b) Seriousness levels VI, VII, VIII, IX, and X = one (1) point;

(a) Seriousness levels I, II, III, IV, and V = one-half (0.5) point; and

(b) Seriousness levels VI, VII, VIII, IX, and X = one (1) point;

(ii) Weight is assigned only to Class A misdemeanors. (a) Each Class A misdemeanor is worth one-quarter (0.25) point. (b) No more than one (1) point may be accrued from misdemeanor records;

(a) Each Class A misdemeanor is worth one-quarter (0.25) point.

(b) No more than one (1) point may be accrued from misdemeanor records;

(iii) Weight is assigned only to judicial adjudications of delinquency for offenses for which a juvenile could have been tried as an adult and which the trial court deem relevant to sentencing in the current proceeding. (a) Each adjudication is worth one-quarter (0.25) point, except for offenses adjudicated as delinquent which if committed by an adult are worth one (1) point and would have constituted: (1) Capital murder, § 5-10-101 ; (2) Murder in the first degree, § 5-10-102 ; (3) Murder in the second degree, § 5-10-103 ; (4) Kidnapping in the first degree, § 5-11-102 ; (5) Aggravated robbery, § 5-12-103 ; (6) Rape, § 5-14-103 ; (7) Battery in the first degree, § 5-13-201 ; or (8) Aggravated assault upon a law enforcement officer or an employee of a correctional facility, § 5-13-211 , if a Class Y felony. (b) (1) No more than one (1) point may be accrued from juvenile offenses unless one (1) of the offenses adjudicated as delinquent would have constituted, if committed by an adult: (A) Capital murder, § 5-10-101 ; (B) Murder in the first degree, § 5-10-102 ; (C) Murder in the second degree, § 5-10-103 ; (D) Kidnapping in the first degree, § 5-11-102 ; (E) Aggravated robbery, § 5-12-103 ; (F) Rape, § 5-14-103 ; (G) Battery in the first degree, § 5-13-201 ; or (H) Aggravated assault upon a law enforcement officer or an employee of a correctional facility, § 5-13-211 , if a Class Y felony. (2) An offender may receive no more than two (2) points for juvenile offenses;

(a) Each adjudication is worth one-quarter (0.25) point, except for offenses adjudicated as delinquent which if committed by an adult are worth one (1) point and would have constituted: (1) Capital murder, § 5-10-101 ; (2) Murder in the first degree, § 5-10-102 ; (3) Murder in the second degree, § 5-10-103 ; (4) Kidnapping in the first degree, § 5-11-102 ; (5) Aggravated robbery, § 5-12-103 ; (6) Rape, § 5-14-103 ; (7) Battery in the first degree, § 5-13-201 ; or (8) Aggravated assault upon a law enforcement officer or an employee of a correctional facility, § 5-13-211 , if a Class Y felony.

(1) Capital murder, § 5-10-101 ;

(2) Murder in the first degree, § 5-10-102 ;

(3) Murder in the second degree, § 5-10-103 ;

(4) Kidnapping in the first degree, § 5-11-102 ;

(5) Aggravated robbery, § 5-12-103 ;

(6) Rape, § 5-14-103 ;

(7) Battery in the first degree, § 5-13-201 ; or

(8) Aggravated assault upon a law enforcement officer or an employee of a correctional facility, § 5-13-211 , if a Class Y felony.

(b) (1) No more than one (1) point may be accrued from juvenile offenses unless one (1) of the offenses adjudicated as delinquent would have constituted, if committed by an adult: (A) Capital murder, § 5-10-101 ; (B) Murder in the first degree, § 5-10-102 ; (C) Murder in the second degree, § 5-10-103 ; (D) Kidnapping in the first degree, § 5-11-102 ; (E) Aggravated robbery, § 5-12-103 ; (F) Rape, § 5-14-103 ; (G) Battery in the first degree, § 5-13-201 ; or (H) Aggravated assault upon a law enforcement officer or an employee of a correctional facility, § 5-13-211 , if a Class Y felony. (2) An offender may receive no more than two (2) points for juvenile offenses;

(1) No more than one (1) point may be accrued from juvenile offenses unless one (1) of the offenses adjudicated as delinquent would have constituted, if committed by an adult: (A) Capital murder, § 5-10-101 ; (B) Murder in the first degree, § 5-10-102 ; (C) Murder in the second degree, § 5-10-103 ; (D) Kidnapping in the first degree, § 5-11-102 ; (E) Aggravated robbery, § 5-12-103 ; (F) Rape, § 5-14-103 ; (G) Battery in the first degree, § 5-13-201 ; or (H) Aggravated assault upon a law enforcement officer or an employee of a correctional facility, § 5-13-211 , if a Class Y felony.

(A) Capital murder, § 5-10-101 ;

(B) Murder in the first degree, § 5-10-102 ;

(C) Murder in the second degree, § 5-10-103 ;

(D) Kidnapping in the first degree, § 5-11-102 ;

(E) Aggravated robbery, § 5-12-103 ;

(F) Rape, § 5-14-103 ;

(G) Battery in the first degree, § 5-13-201 ; or

(H) Aggravated assault upon a law enforcement officer or an employee of a correctional facility, § 5-13-211 , if a Class Y felony.

(2) An offender may receive no more than two (2) points for juvenile offenses;

(iv) One (1) point is to be added to an offender's score if the offender is under any type of criminal justice restraint for a felony offense at the time that he or she committed the crime for which he or she is being sentenced. Such restraint includes without limitation pretrial bond, suspended imposition of sentence, probation, parole, postprison supervision, and release pending sentencing for a prior crime;

(v) (a) Juvenile offenses must have occurred within ten (10) years of the time of the offense for which an offender is being currently sentenced. (b) Misdemeanor offenses must have occurred within ten (10) years of the time of the offense for which an offender is currently being sentenced. (c) Felony offenses at seriousness levels I-V will not be counted if a period of fifteen (15) years has elapsed since the date of discharge from or expiration of the sentence to the date of the current offense; and

(a) Juvenile offenses must have occurred within ten (10) years of the time of the offense for which an offender is being currently sentenced.

(b) Misdemeanor offenses must have occurred within ten (10) years of the time of the offense for which an offender is currently being sentenced.

(c) Felony offenses at seriousness levels I-V will not be counted if a period of fifteen (15) years has elapsed since the date of discharge from or expiration of the sentence to the date of the current offense; and

(vi) When multiple sentences for a single course of conduct were imposed, only the offense at the highest seriousness level is considered.

(3) (A) (i) The offense of conviction determines the appropriate seriousness level on the vertical axis. (ii) The offender's criminal history score determines the appropriate location on the horizontal axis. (B) The voluntary presumptive fixed sentence for a felony conviction is found in the sentencing standards grid cell at the intersection of the column defined by the criminal history score and the row defined by the offense seriousness level. (C) The statutory minimum or maximum ranges for a particular offense shall govern over a voluntary presumptive sentence if the voluntary presumptive sentence should fall below or above the statutory minimum or maximum ranges.

(A) (i) The offense of conviction determines the appropriate seriousness level on the vertical axis. (ii) The offender's criminal history score determines the appropriate location on the horizontal axis.

(i) The offense of conviction determines the appropriate seriousness level on the vertical axis.

(ii) The offender's criminal history score determines the appropriate location on the horizontal axis.

(B) The voluntary presumptive fixed sentence for a felony conviction is found in the sentencing standards grid cell at the intersection of the column defined by the criminal history score and the row defined by the offense seriousness level.

(C) The statutory minimum or maximum ranges for a particular offense shall govern over a voluntary presumptive sentence if the voluntary presumptive sentence should fall below or above the statutory minimum or maximum ranges.

(4) This section shall not apply when a jury has recommended a sentence to the trial judge.

(5) Capital murder is excluded from the sentencing standards and is subject to the procedures in § 5-4-601 et seq.

(c) For all arrests or offenses occurring before July 1, 2005, that have not reached a final disposition as to judgment in the trial court, sentencing shall be in accordance with the law in effect at the time the offense occurred and not under the provisions of this section.

Amended by Act 2023, No. 659,§ 131, eff. 1/1/2024.

Amended by Act 2023, No. 659,§ 130, eff. 1/1/2024.

Amended by Act 2021, No. 426,§ 1, eff. 7/28/2021.

Amended by Act 2017, No. 423,§ 13, eff. 8/1/2017.

Amended by Act 2017, No. 423,§ 14, eff. 8/1/2017.

Amended by Act 2017, No. 367,§ 13, eff. 8/1/2017.

Amended by Act 2017, No. 367,§ 12, eff. 8/1/2017.

Acts 1993, No. 532, § 2; 1993, No. 550, § 2; 1994 (2nd Ex. Sess.), No. 59, § 1; 1994 (2nd Ex. Sess.), No. 60, § 1; 1995, No. 1170, § 7; 2001, No. 1179, § 1; 2005, No. 186, § 1.
Ark. Code Ann. § 16-120-602 — AR Code / Title 16 / Chapter 120 / Subchapter 6 / Section 16-120-602
Legislative findings
Status: in_force

The General Assembly finds that: (1) Asbestos-related claims threaten the continued viability of uniquely situated companies that have never manufactured, sold, or distributed asbestos or asbestos products and are liable only as successor corporations; (2) The viability of these businesses is threatened due solely to their status as successor corporations by merger or consolidation based on actions taken prior to the 1972 adoption of asbestos regulations by the United States Occupational Safety and Health Administration; (3) Over twenty (20) other states have enacted legislation similar to this subchapter to provide limits on successor asbestos-related liabilities for innocent successors; and (4) The public interest as a whole is best served by limiting the successor asbestos-related liabilities of innocent successors so that they may remain viable. Added by Act 2015, No. 1241,§ 1, eff. 1/1/2020.

The General Assembly finds that:

(1) Asbestos-related claims threaten the continued viability of uniquely situated companies that have never manufactured, sold, or distributed asbestos or asbestos products and are liable only as successor corporations;

(2) The viability of these businesses is threatened due solely to their status as successor corporations by merger or consolidation based on actions taken prior to the 1972 adoption of asbestos regulations by the United States Occupational Safety and Health Administration;

(3) Over twenty (20) other states have enacted legislation similar to this subchapter to provide limits on successor asbestos-related liabilities for innocent successors; and

(4) The public interest as a whole is best served by limiting the successor asbestos-related liabilities of innocent successors so that they may remain viable.

Added by Act 2015, No. 1241,§ 1, eff. 1/1/2020.
Ark. Code Ann. § 16-96-104 — AR Code / Title 16 / Chapter 96 / Subchapter 1 / Section 16-96-104
[Repealed]
Status: repealed

Repealed by Act 2023, No. 177,§ 14, eff. 8/1/2023. Crim. Code, §§ 300, 311; C. & M. Dig., §§ 3285, 3286; Pope's Dig., §§ 4133, 4134; A.S.A. 1947, §§ 44-104, 44-105; Acts 2005, No. 1994, § 279.

Repealed by Act 2023, No. 177,§ 14, eff. 8/1/2023.

Crim. Code, §§ 300, 311; C. & M. Dig., §§ 3285, 3286; Pope's Dig., §§ 4133, 4134; A.S.A. 1947, §§ 44-104, 44-105; Acts 2005, No. 1994, § 279.
Ark. Code Ann. § 16-19-1006 — AR Code / Title 16 / Chapter 19 / Subchapter 10 / Section 16-19-1006
[Repealed]
Status: repealed

Repealed by Act 2021, No. 475,§ 15, eff. 7/28/2021. Acts 1873, No. 135, §§ 78-80, p. 430; C. & M. Dig., §§ 6489-6491; Pope's Dig., §§ 8451-8453; A.S.A. 1947, §§ 26-1109 -- 26-1111.

Repealed by Act 2021, No. 475,§ 15, eff. 7/28/2021.

Acts 1873, No. 135, §§ 78-80, p. 430; C. & M. Dig., §§ 6489-6491; Pope's Dig., §§ 8451-8453; A.S.A. 1947, §§ 26-1109 -- 26-1111.
Ark. Code Ann. § 16-61-113 — AR Code / Title 16 / Chapter 61 / Subchapter 1 / Section 16-61-113
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1148,§ 29, eff. 8/16/2013. Civil Code, § 37; C. & M. Dig., § 1102; Pope's Dig., § 1318; A.S.A. 1947, § 27-815.

Repealed by Act 2013, No. 1148,§ 29, eff. 8/16/2013.

Civil Code, § 37; C. & M. Dig., § 1102; Pope's Dig., § 1318; A.S.A. 1947, § 27-815.
Ark. Code Ann. § 16-32-111 — AR Code / Title 16 / Chapter 32 / Subchapter 1 / Section 16-32-111
Confidentiality of juror information - Definition
Status: in_force

(a) As used in this section, "juror information" means: (1) An original or a copy of a list of potential jurors; (2) A list of potential jurors who were sworn and qualified; (3) Any response to a juror questionnaire; and (4) A list of an individual venire panel. (b) Upon application by any person and findings on the record for good cause, any juror information submitted to a circuit court or circuit clerk from which the identity of a particular juror can be determined is confidential and shall not be released or otherwise made available except: (1) To any attorney eligible to represent a party in a proceeding before the circuit court; (2) To a party appearing pro se in a proceeding before the circuit court and limited to the juror information relevant to that particular proceeding; (3) For any audit or similar activity conducted with the administration of any plan or program by any governmental agency that is authorized by law to conduct the audit or activity; or (4) To a grand jury or court upon a finding that the juror information is necessary for the determination of an issue before the grand jury or court. (c) (1) The circuit clerk shall require a signed receipt from any person who receives juror information under subsection (b) of this section. (2) The signed receipt shall be maintained in the jury records of the circuit clerk. (d) (1) Except as provided in subdivision (d)(2) of this section, no person to whom disclosure is made under this section may disclose to any other person juror information obtained under this section. (2) Disclosure of juror information may be made to the following persons without violating subdivision (d)(1) of this section: (A) A client or a legally authorized representative of a client of an attorney who receives the juror information; (B) An employee of an attorney who receives the juror information; (C) An attorney associated with an attorney who receives the juror information; or (D) A person with whom an attorney or a party appearing pro se who receives the juror information may consult or confer regarding potential jurors in a specific case. (e) A disclosure of juror information in violation of this section is a Class C misdemeanor. Acts 2007, No. 226, § 2.

(a) As used in this section, "juror information" means: (1) An original or a copy of a list of potential jurors; (2) A list of potential jurors who were sworn and qualified; (3) Any response to a juror questionnaire; and (4) A list of an individual venire panel.

(1) An original or a copy of a list of potential jurors;

(2) A list of potential jurors who were sworn and qualified;

(3) Any response to a juror questionnaire; and

(4) A list of an individual venire panel.

(b) Upon application by any person and findings on the record for good cause, any juror information submitted to a circuit court or circuit clerk from which the identity of a particular juror can be determined is confidential and shall not be released or otherwise made available except: (1) To any attorney eligible to represent a party in a proceeding before the circuit court; (2) To a party appearing pro se in a proceeding before the circuit court and limited to the juror information relevant to that particular proceeding; (3) For any audit or similar activity conducted with the administration of any plan or program by any governmental agency that is authorized by law to conduct the audit or activity; or (4) To a grand jury or court upon a finding that the juror information is necessary for the determination of an issue before the grand jury or court.

(1) To any attorney eligible to represent a party in a proceeding before the circuit court;

(2) To a party appearing pro se in a proceeding before the circuit court and limited to the juror information relevant to that particular proceeding;

(3) For any audit or similar activity conducted with the administration of any plan or program by any governmental agency that is authorized by law to conduct the audit or activity; or

(4) To a grand jury or court upon a finding that the juror information is necessary for the determination of an issue before the grand jury or court.

(c) (1) The circuit clerk shall require a signed receipt from any person who receives juror information under subsection (b) of this section. (2) The signed receipt shall be maintained in the jury records of the circuit clerk.

(1) The circuit clerk shall require a signed receipt from any person who receives juror information under subsection (b) of this section.

(2) The signed receipt shall be maintained in the jury records of the circuit clerk.

(d) (1) Except as provided in subdivision (d)(2) of this section, no person to whom disclosure is made under this section may disclose to any other person juror information obtained under this section. (2) Disclosure of juror information may be made to the following persons without violating subdivision (d)(1) of this section: (A) A client or a legally authorized representative of a client of an attorney who receives the juror information; (B) An employee of an attorney who receives the juror information; (C) An attorney associated with an attorney who receives the juror information; or (D) A person with whom an attorney or a party appearing pro se who receives the juror information may consult or confer regarding potential jurors in a specific case.

(1) Except as provided in subdivision (d)(2) of this section, no person to whom disclosure is made under this section may disclose to any other person juror information obtained under this section.

(2) Disclosure of juror information may be made to the following persons without violating subdivision (d)(1) of this section: (A) A client or a legally authorized representative of a client of an attorney who receives the juror information; (B) An employee of an attorney who receives the juror information; (C) An attorney associated with an attorney who receives the juror information; or (D) A person with whom an attorney or a party appearing pro se who receives the juror information may consult or confer regarding potential jurors in a specific case.

(A) A client or a legally authorized representative of a client of an attorney who receives the juror information;

(B) An employee of an attorney who receives the juror information;

(C) An attorney associated with an attorney who receives the juror information; or

(D) A person with whom an attorney or a party appearing pro se who receives the juror information may consult or confer regarding potential jurors in a specific case.

(e) A disclosure of juror information in violation of this section is a Class C misdemeanor.

Acts 2007, No. 226, § 2.
Ark. Code Ann. § 16-56-113 — AR Code / Title 16 / Chapter 56 / Subchapter 1 / Section 16-56-113
Bonds of executors and administrators
Status: in_force

Actions on the bonds of executors and administrators shall be commenced within eight (8) years after the cause of action shall accrue, and not afterward. Acts 1844, § 1, p. 24; C. & M. Dig., § 6958; Pope's Dig., § 8936; A.S.A. 1947, § 37-211.

Actions on the bonds of executors and administrators shall be commenced within eight (8) years after the cause of action shall accrue, and not afterward.

Acts 1844, § 1, p. 24; C. & M. Dig., § 6958; Pope's Dig., § 8936; A.S.A. 1947, § 37-211.
Ark. Code Ann. § 16-21-703 — AR Code / Title 16 / Chapter 21 / Subchapter 7 / Section 16-21-703
Collection of fees
Status: in_force

(a) It is not the purpose of this section, § 16-21-701(a)(2) , and § 16-21-702 to repeal any laws now or hereafter enacted fixing the fees collectible as prosecuting attorneys' fees, but rather to update and make possible a more efficient administration of justice and county government. (b) All courts shall collect the fees heretofore provided by law as prosecuting attorneys' fees, and all such fees collected shall be paid into the county treasury as required by law regarding funds belonging to the county. (c) It is the explicit legislative intent to provide the salaries and expense allowances set forth in this section, § 16-21-701(a)(2) , and § 16-21-702 without regard to the amount of prosecuting attorneys' fees and emoluments earned or collected in the counties affected by this section, § 16-21-701(a)(2) , and § 16-21-702 . However, nothing in this section, § 16-21-701(a)(2) , and § 16-21-702 shall be so interpreted as to preclude Crittenden County from paying additional expense allowances in addition to those enumerated herein upon proper action of the appropriate quorum courts. Acts 1991, No. 196, § 3.

(a) It is not the purpose of this section, § 16-21-701(a)(2) , and § 16-21-702 to repeal any laws now or hereafter enacted fixing the fees collectible as prosecuting attorneys' fees, but rather to update and make possible a more efficient administration of justice and county government.

(b) All courts shall collect the fees heretofore provided by law as prosecuting attorneys' fees, and all such fees collected shall be paid into the county treasury as required by law regarding funds belonging to the county.

(c) It is the explicit legislative intent to provide the salaries and expense allowances set forth in this section, § 16-21-701(a)(2) , and § 16-21-702 without regard to the amount of prosecuting attorneys' fees and emoluments earned or collected in the counties affected by this section, § 16-21-701(a)(2) , and § 16-21-702 . However, nothing in this section, § 16-21-701(a)(2) , and § 16-21-702 shall be so interpreted as to preclude Crittenden County from paying additional expense allowances in addition to those enumerated herein upon proper action of the appropriate quorum courts.

Acts 1991, No. 196, § 3.
Ark. Code Ann. § 16-93-1605 — AR Code / Title 16 / Chapter 93 / Subchapter 16 / Section 16-93-1605
License required
Status: in_force

(a) In order to operate a transitional housing facility for criminal offenders who have been transferred, paroled, or placed on probation through the Arkansas criminal justice system, the operator shall obtain a license by facility type from the Division of Community Correction. (b) (1) Operation of a transitional housing facility without a license issued by the division shall result in the imposition of civil penalties against the operator by the division. (2) Civil penalties for operation of a transitional housing facility without a valid license shall not exceed five hundred dollars ($500) per day for each day the violation continues. (3) However, no civil penalty may be assessed until the person charged with the violation has been given the opportunity for a hearing on the violation. (c) A criminal offender who has been transferred, paroled, or placed on probation through the Arkansas criminal justice system shall not be sent via court order to a transitional housing facility that is not properly licensed by the division. Amended by Act 2019, No. 159,§ 3, eff. 7/24/2019. Acts 2009, No. 615, § 3.

(a) In order to operate a transitional housing facility for criminal offenders who have been transferred, paroled, or placed on probation through the Arkansas criminal justice system, the operator shall obtain a license by facility type from the Division of Community Correction.

(b) (1) Operation of a transitional housing facility without a license issued by the division shall result in the imposition of civil penalties against the operator by the division. (2) Civil penalties for operation of a transitional housing facility without a valid license shall not exceed five hundred dollars ($500) per day for each day the violation continues. (3) However, no civil penalty may be assessed until the person charged with the violation has been given the opportunity for a hearing on the violation.

(1) Operation of a transitional housing facility without a license issued by the division shall result in the imposition of civil penalties against the operator by the division.

(2) Civil penalties for operation of a transitional housing facility without a valid license shall not exceed five hundred dollars ($500) per day for each day the violation continues.

(3) However, no civil penalty may be assessed until the person charged with the violation has been given the opportunity for a hearing on the violation.

(c) A criminal offender who has been transferred, paroled, or placed on probation through the Arkansas criminal justice system shall not be sent via court order to a transitional housing facility that is not properly licensed by the division.

Amended by Act 2019, No. 159,§ 3, eff. 7/24/2019.

Acts 2009, No. 615, § 3.
Ark. Code Ann. § 16-13-1302 — AR Code / Title 16 / Chapter 13 / Subchapter 13 / Section 16-13-1302
Terms of court
Status: in_force

The terms of court for the circuit court of the Fifth Judicial District shall begin on the following days: (1) (A) Franklin County, Charleston District: On the first Mondays in February and September; and (B) Franklin County, Ozark District: On the third Mondays in February and September; (2) Johnson County: On the first Mondays in March and October; and (3) Pope County: On the first Mondays in April and November. Acts 1889, No. 31, §§ 1, 3, 4, p. 38; 1947, No. 120, §§ 1, 2; 1955, No. 146, § 1; 1965, No. 96, § 5; 1971, No. 198, § 2; 1979, No. 317, § 2; A.S.A. 1947, §§ 22-310, 22-310n.

The terms of court for the circuit court of the Fifth Judicial District shall begin on the following days:

(1) (A) Franklin County, Charleston District: On the first Mondays in February and September; and (B) Franklin County, Ozark District: On the third Mondays in February and September;

(A) Franklin County, Charleston District: On the first Mondays in February and September; and

(B) Franklin County, Ozark District: On the third Mondays in February and September;

(2) Johnson County: On the first Mondays in March and October; and

(3) Pope County: On the first Mondays in April and November.

Acts 1889, No. 31, §§ 1, 3, 4, p. 38; 1947, No. 120, §§ 1, 2; 1955, No. 146, § 1; 1965, No. 96, § 5; 1971, No. 198, § 2; 1979, No. 317, § 2; A.S.A. 1947, §§ 22-310, 22-310n.
Ark. Code Ann. § 16-86-103 — AR Code / Title 16 / Chapter 86 / Section 16-86-103
Examination and observation
Status: in_force

(a) If the court orders the defendant to undergo examination and observation, the examination and observation of the defendant shall be made by: (1) A licensed psychiatrist who: (A) Has successfully completed or is currently participating in a post-residency fellowship in forensic psychiatry accredited by the American Board of Psychiatry and Neurology, Inc., or has successfully completed a forensic certification course approved by the Department of Human Services; and (B) Is currently approved by the department to administer forensic examinations; or (2) A licensed psychologist who: (A) Has successfully completed or is currently participating in a formal postdoctoral fellowship training program in forensic psychology or has successfully completed a forensic certification course approved by the department; and (B) Is currently approved by the department to administer forensic examinations. (b) (1) Upon completion of the examination at a local mental health clinic or center, the court may commit the defendant to the Arkansas State Hospital for further examination and observation if the court determines in its sole discretion that the further examination and observation is warranted. (2) The psychiatrist or the psychologist who examined and observed the defendant shall make a written report to the court and shall indicate: (A) A description of the nature of the examination; (B) A substantiated diagnosis in the terminology of the American Psychiatric Association's current edition of the Diagnostic and Statistical Manual of Mental Disorders; (C) An opinion on whether the defendant, as a consequence of mental disease or defect, lacks the capacity to understand the proceedings against him or her and to assist effectively in his or her own defense; (D) A description of any evidence that the defendant is feigning signs and symptoms of mental disease or defect; (E) (i) When directed by the court, an opinion as to the extent, if any, to which the capacity of the defendant to appreciate the criminality of his or her conduct or to conform his or her conduct to the requirements of law was impaired at the time of the conduct alleged. (ii) This opinion shall also include a description of the reasoning used by the examiner to support the examiner's opinion; (F) When directed by the court, an opinion as to the capacity of the defendant to have the culpable mental state that is required to establish an element of the offense charged; (G) The signs and symptoms of mental disease or defect that led to the opinion on the presence of mental disease or defect; and (H) The evidence that supports the opinion of the examiner on the capacity of the defendant to: (i) Understand the proceedings against him or her; and (ii) Assist in his or her own defense. Amended by Act 2015, No. 1152,§ 7, eff. 7/22/2015. Amended by Act 2013, No. 981,§ 4, eff. 8/16/2013. Acts 1971, No. 433, ch. 6, § 7; 1973, No. 95, § 1; 1983, No. 191, § 1; A.S.A. 1947, § 43-1301; Acts 2001, No. 1551, § 3.

(a) If the court orders the defendant to undergo examination and observation, the examination and observation of the defendant shall be made by: (1) A licensed psychiatrist who: (A) Has successfully completed or is currently participating in a post-residency fellowship in forensic psychiatry accredited by the American Board of Psychiatry and Neurology, Inc., or has successfully completed a forensic certification course approved by the Department of Human Services; and (B) Is currently approved by the department to administer forensic examinations; or (2) A licensed psychologist who: (A) Has successfully completed or is currently participating in a formal postdoctoral fellowship training program in forensic psychology or has successfully completed a forensic certification course approved by the department; and (B) Is currently approved by the department to administer forensic examinations.

(1) A licensed psychiatrist who: (A) Has successfully completed or is currently participating in a post-residency fellowship in forensic psychiatry accredited by the American Board of Psychiatry and Neurology, Inc., or has successfully completed a forensic certification course approved by the Department of Human Services; and (B) Is currently approved by the department to administer forensic examinations; or

(A) Has successfully completed or is currently participating in a post-residency fellowship in forensic psychiatry accredited by the American Board of Psychiatry and Neurology, Inc., or has successfully completed a forensic certification course approved by the Department of Human Services; and

(B) Is currently approved by the department to administer forensic examinations; or

(2) A licensed psychologist who: (A) Has successfully completed or is currently participating in a formal postdoctoral fellowship training program in forensic psychology or has successfully completed a forensic certification course approved by the department; and (B) Is currently approved by the department to administer forensic examinations.

(A) Has successfully completed or is currently participating in a formal postdoctoral fellowship training program in forensic psychology or has successfully completed a forensic certification course approved by the department; and

(B) Is currently approved by the department to administer forensic examinations.

(b) (1) Upon completion of the examination at a local mental health clinic or center, the court may commit the defendant to the Arkansas State Hospital for further examination and observation if the court determines in its sole discretion that the further examination and observation is warranted. (2) The psychiatrist or the psychologist who examined and observed the defendant shall make a written report to the court and shall indicate: (A) A description of the nature of the examination; (B) A substantiated diagnosis in the terminology of the American Psychiatric Association's current edition of the Diagnostic and Statistical Manual of Mental Disorders; (C) An opinion on whether the defendant, as a consequence of mental disease or defect, lacks the capacity to understand the proceedings against him or her and to assist effectively in his or her own defense; (D) A description of any evidence that the defendant is feigning signs and symptoms of mental disease or defect; (E) (i) When directed by the court, an opinion as to the extent, if any, to which the capacity of the defendant to appreciate the criminality of his or her conduct or to conform his or her conduct to the requirements of law was impaired at the time of the conduct alleged. (ii) This opinion shall also include a description of the reasoning used by the examiner to support the examiner's opinion; (F) When directed by the court, an opinion as to the capacity of the defendant to have the culpable mental state that is required to establish an element of the offense charged; (G) The signs and symptoms of mental disease or defect that led to the opinion on the presence of mental disease or defect; and (H) The evidence that supports the opinion of the examiner on the capacity of the defendant to: (i) Understand the proceedings against him or her; and (ii) Assist in his or her own defense.

(1) Upon completion of the examination at a local mental health clinic or center, the court may commit the defendant to the Arkansas State Hospital for further examination and observation if the court determines in its sole discretion that the further examination and observation is warranted.

(2) The psychiatrist or the psychologist who examined and observed the defendant shall make a written report to the court and shall indicate: (A) A description of the nature of the examination; (B) A substantiated diagnosis in the terminology of the American Psychiatric Association's current edition of the Diagnostic and Statistical Manual of Mental Disorders; (C) An opinion on whether the defendant, as a consequence of mental disease or defect, lacks the capacity to understand the proceedings against him or her and to assist effectively in his or her own defense; (D) A description of any evidence that the defendant is feigning signs and symptoms of mental disease or defect; (E) (i) When directed by the court, an opinion as to the extent, if any, to which the capacity of the defendant to appreciate the criminality of his or her conduct or to conform his or her conduct to the requirements of law was impaired at the time of the conduct alleged. (ii) This opinion shall also include a description of the reasoning used by the examiner to support the examiner's opinion; (F) When directed by the court, an opinion as to the capacity of the defendant to have the culpable mental state that is required to establish an element of the offense charged; (G) The signs and symptoms of mental disease or defect that led to the opinion on the presence of mental disease or defect; and (H) The evidence that supports the opinion of the examiner on the capacity of the defendant to: (i) Understand the proceedings against him or her; and (ii) Assist in his or her own defense.

(A) A description of the nature of the examination;

(B) A substantiated diagnosis in the terminology of the American Psychiatric Association's current edition of the Diagnostic and Statistical Manual of Mental Disorders;

(C) An opinion on whether the defendant, as a consequence of mental disease or defect, lacks the capacity to understand the proceedings against him or her and to assist effectively in his or her own defense;

(D) A description of any evidence that the defendant is feigning signs and symptoms of mental disease or defect;

(E) (i) When directed by the court, an opinion as to the extent, if any, to which the capacity of the defendant to appreciate the criminality of his or her conduct or to conform his or her conduct to the requirements of law was impaired at the time of the conduct alleged. (ii) This opinion shall also include a description of the reasoning used by the examiner to support the examiner's opinion;

(i) When directed by the court, an opinion as to the extent, if any, to which the capacity of the defendant to appreciate the criminality of his or her conduct or to conform his or her conduct to the requirements of law was impaired at the time of the conduct alleged.

(ii) This opinion shall also include a description of the reasoning used by the examiner to support the examiner's opinion;

(F) When directed by the court, an opinion as to the capacity of the defendant to have the culpable mental state that is required to establish an element of the offense charged;

(G) The signs and symptoms of mental disease or defect that led to the opinion on the presence of mental disease or defect; and

(H) The evidence that supports the opinion of the examiner on the capacity of the defendant to: (i) Understand the proceedings against him or her; and (ii) Assist in his or her own defense.

(i) Understand the proceedings against him or her; and

(ii) Assist in his or her own defense.

Amended by Act 2015, No. 1152,§ 7, eff. 7/22/2015.

Amended by Act 2013, No. 981,§ 4, eff. 8/16/2013.

Acts 1971, No. 433, ch. 6, § 7; 1973, No. 95, § 1; 1983, No. 191, § 1; A.S.A. 1947, § 43-1301; Acts 2001, No. 1551, § 3.
Ark. Code Ann. § 16-120-804 — AR Code / Title 16 / Chapter 120 / Subchapter 8 / Section 16-120-804
Possession of concealed handgun by emergency medical technician
Status: in_force

(a) A business entity, owner or legal possessor of property, or private employer is not liable in a civil action for damages, injuries, or death resulting from or arising out of an employee's actions involving a handgun lawfully possessed by an emergency medical technician under § 12-15-202 , when the employee is the emergency medical technician, including without limitation the theft of a handgun from an employee's private motor vehicle, unless the business entity, owner or legal possessor of property, or private employer intentionally solicited or procured the other person's actions. (b) A concealed handgun lawfully possessed by an emergency medical technician does not solely constitute a failure on the part of a private employer to provide a safe workplace. (c) A private employer may terminate an emergency medical technician for flagrantly or unreasonably displaying a handgun in plain sight of others at the private employer's place of business or in plain sight in an employee's motor vehicle. Added by Act 2021, No. 948,§ 2, eff. 7/28/2021.

(a) A business entity, owner or legal possessor of property, or private employer is not liable in a civil action for damages, injuries, or death resulting from or arising out of an employee's actions involving a handgun lawfully possessed by an emergency medical technician under § 12-15-202 , when the employee is the emergency medical technician, including without limitation the theft of a handgun from an employee's private motor vehicle, unless the business entity, owner or legal possessor of property, or private employer intentionally solicited or procured the other person's actions.

(b) A concealed handgun lawfully possessed by an emergency medical technician does not solely constitute a failure on the part of a private employer to provide a safe workplace.

(c) A private employer may terminate an emergency medical technician for flagrantly or unreasonably displaying a handgun in plain sight of others at the private employer's place of business or in plain sight in an employee's motor vehicle.

Added by Act 2021, No. 948,§ 2, eff. 7/28/2021.
Ark. Code Ann. § 16-58-106 — AR Code / Title 16 / Chapter 58 / Section 16-58-106
Issuance and execution of process, writ, summons, etc., on Sunday or a holiday
Status: in_force

(a) It shall be no objection to any process, writ, summons, affidavit, or order for a provisional remedy that it was issued, made, or is dated on a holiday nor shall it be an objection to any bond given by or for any party to an action or taken by an officer in the course of the action that it was made or is dated on any such day. (b) A summons or order for a provisional remedy may be issued on any holiday, except Sunday. It may be issued on Sunday if an affidavit of the plaintiff or some other person is made to the effect that, unless it is issued on that day, there is reasonable cause to believe that it cannot be executed. (c) An order of attachment or for the delivery of property or a writ of execution may be issued or executed on any holiday, including Sunday. (d) (1) A summons, subpoena, notice, order of arrest, or order of injunction may be executed on any holiday except Sunday. It may be executed on Sunday if the officer having the process believes, or an affidavit of the plaintiff or some other person is made to the effect that the affiant believes, that the process cannot be executed after such holiday. (2) The defendant shall have no privilege of exemption from the service of the process mentioned in subdivision (d)(1) of this section, except from an arrest by reason of his or her attendance at any muster, election, or order of survey or as a witness at any court or other place. Civil Code, §§ 763-767; C. & M. Dig., §§ 1128-1132; Pope's Dig., §§ 1344-1348; A.S.A. 1947, §§ 27-314 -- 27-318; Acts 1997, No. 969, § 1.

(a) It shall be no objection to any process, writ, summons, affidavit, or order for a provisional remedy that it was issued, made, or is dated on a holiday nor shall it be an objection to any bond given by or for any party to an action or taken by an officer in the course of the action that it was made or is dated on any such day.

(b) A summons or order for a provisional remedy may be issued on any holiday, except Sunday. It may be issued on Sunday if an affidavit of the plaintiff or some other person is made to the effect that, unless it is issued on that day, there is reasonable cause to believe that it cannot be executed.

(c) An order of attachment or for the delivery of property or a writ of execution may be issued or executed on any holiday, including Sunday.

(d) (1) A summons, subpoena, notice, order of arrest, or order of injunction may be executed on any holiday except Sunday. It may be executed on Sunday if the officer having the process believes, or an affidavit of the plaintiff or some other person is made to the effect that the affiant believes, that the process cannot be executed after such holiday. (2) The defendant shall have no privilege of exemption from the service of the process mentioned in subdivision (d)(1) of this section, except from an arrest by reason of his or her attendance at any muster, election, or order of survey or as a witness at any court or other place.

(1) A summons, subpoena, notice, order of arrest, or order of injunction may be executed on any holiday except Sunday. It may be executed on Sunday if the officer having the process believes, or an affidavit of the plaintiff or some other person is made to the effect that the affiant believes, that the process cannot be executed after such holiday.

(2) The defendant shall have no privilege of exemption from the service of the process mentioned in subdivision (d)(1) of this section, except from an arrest by reason of his or her attendance at any muster, election, or order of survey or as a witness at any court or other place.

Civil Code, §§ 763-767; C. & M. Dig., §§ 1128-1132; Pope's Dig., §§ 1344-1348; A.S.A. 1947, §§ 27-314 -- 27-318; Acts 1997, No. 969, § 1.
Ark. Code Ann. § 16-10-102 — AR Code / Title 16 / Chapter 10 / Subchapter 1 / Section 16-10-102
Administrative Office of the Courts - Director - Cooperation of court officers
Status: in_force

(a) (1) There shall be an office for the administration of the nonjudicial business of the judicial branch which shall be known as the "Administrative Office of the Courts". (2) There shall be a Director of the Administrative Office of the Courts who shall be nominated by the Chief Justice of the Supreme Court, subject to the approval of the Supreme Court and the Arkansas Judicial Council, Inc. Subsequent to the appointment, the director shall hold office at the pleasure of the Supreme Court. (b) The director shall meet the qualifications as determined by the Supreme Court. (c) The director shall receive such salary as may be fixed from time to time by the biennial appropriations salary act for the Administrative Office of the Courts. (d) The director shall not engage directly or indirectly in the practice of law and shall hold no other office or employment. (e) The director, subject to the direction of the Supreme Court, shall perform the following functions: (1) Examine the administrative methods of the courts and make recommendations to the Supreme Court for their improvement; (2) Examine the state of the dockets of the courts, secure information as to their needs for assistance, if any, prepare statistical data and reports of the business of the courts, and advise the Supreme Court to the end that proper action may be taken; (3) Examine the estimates of the courts of the state for appropriations and present to the Supreme Court recommendations concerning them; (4) Examine the statistical systems of the courts and make recommendations to the Supreme Court for a uniform system of judicial statistics; (5) Collect, analyze, and report to the Supreme Court statistical and other data concerning the business of the courts; (6) With the approval of the Supreme Court and at the request of the Arkansas Judicial Council, Inc., the director shall act as Secretary of the Arkansas Judicial Council, Inc., and shall perform such duties as may be assigned to him or her; (7) Examine the data processing needs of the courts and make recommendations to the Supreme Court as to the purchase and use of hardware and software for computer systems, telecommunications systems, and microfilming systems, and provide education to the courts on the use of such systems so as to improve the quality and efficiency of justice in the state; (8) Assist the Supreme Court in the operation of the Supreme Court Library; and (9) Attend to the other nonjudicial business of the judicial branch under such rules as the Supreme Court may by order adopt. (f) The director shall, with the approval of the Supreme Court, appoint such assistants as may be necessary. He or she shall be provided with such office facilities as may be required. (g) The director shall advise and assist clerks of trial courts in the keeping of records of their proceedings and shall make reports and recommendations in connection therewith to the Supreme Court, the trial judges, and the clerks of those courts. (h) The clerks, officers, and employees of the courts shall comply with all requests of the director for information and statistical data relating to the business of the courts and the expenditure of public funds for their maintenance and operation. The director shall notify the Supreme Court of any noncompliance with such requests. Amended by Act 2019, No. 315,§ 1290, eff. 7/24/2019. Amended by Act 2017, No. 698,§ 1, eff. 3/27/2017. Acts 1965, No. 496, § 2; 1971, No. 599, § 1; 1973, No. 237, § 2; A.S.A. 1947, § 22-143; Acts 1989, No. 760, § 2.

(a) (1) There shall be an office for the administration of the nonjudicial business of the judicial branch which shall be known as the "Administrative Office of the Courts". (2) There shall be a Director of the Administrative Office of the Courts who shall be nominated by the Chief Justice of the Supreme Court, subject to the approval of the Supreme Court and the Arkansas Judicial Council, Inc. Subsequent to the appointment, the director shall hold office at the pleasure of the Supreme Court.

(1) There shall be an office for the administration of the nonjudicial business of the judicial branch which shall be known as the "Administrative Office of the Courts".

(2) There shall be a Director of the Administrative Office of the Courts who shall be nominated by the Chief Justice of the Supreme Court, subject to the approval of the Supreme Court and the Arkansas Judicial Council, Inc. Subsequent to the appointment, the director shall hold office at the pleasure of the Supreme Court.

(b) The director shall meet the qualifications as determined by the Supreme Court.

(c) The director shall receive such salary as may be fixed from time to time by the biennial appropriations salary act for the Administrative Office of the Courts.

(d) The director shall not engage directly or indirectly in the practice of law and shall hold no other office or employment.

(e) The director, subject to the direction of the Supreme Court, shall perform the following functions: (1) Examine the administrative methods of the courts and make recommendations to the Supreme Court for their improvement; (2) Examine the state of the dockets of the courts, secure information as to their needs for assistance, if any, prepare statistical data and reports of the business of the courts, and advise the Supreme Court to the end that proper action may be taken; (3) Examine the estimates of the courts of the state for appropriations and present to the Supreme Court recommendations concerning them; (4) Examine the statistical systems of the courts and make recommendations to the Supreme Court for a uniform system of judicial statistics; (5) Collect, analyze, and report to the Supreme Court statistical and other data concerning the business of the courts; (6) With the approval of the Supreme Court and at the request of the Arkansas Judicial Council, Inc., the director shall act as Secretary of the Arkansas Judicial Council, Inc., and shall perform such duties as may be assigned to him or her; (7) Examine the data processing needs of the courts and make recommendations to the Supreme Court as to the purchase and use of hardware and software for computer systems, telecommunications systems, and microfilming systems, and provide education to the courts on the use of such systems so as to improve the quality and efficiency of justice in the state; (8) Assist the Supreme Court in the operation of the Supreme Court Library; and (9) Attend to the other nonjudicial business of the judicial branch under such rules as the Supreme Court may by order adopt.

(1) Examine the administrative methods of the courts and make recommendations to the Supreme Court for their improvement;

(2) Examine the state of the dockets of the courts, secure information as to their needs for assistance, if any, prepare statistical data and reports of the business of the courts, and advise the Supreme Court to the end that proper action may be taken;

(3) Examine the estimates of the courts of the state for appropriations and present to the Supreme Court recommendations concerning them;

(4) Examine the statistical systems of the courts and make recommendations to the Supreme Court for a uniform system of judicial statistics;

(5) Collect, analyze, and report to the Supreme Court statistical and other data concerning the business of the courts;

(6) With the approval of the Supreme Court and at the request of the Arkansas Judicial Council, Inc., the director shall act as Secretary of the Arkansas Judicial Council, Inc., and shall perform such duties as may be assigned to him or her;

(7) Examine the data processing needs of the courts and make recommendations to the Supreme Court as to the purchase and use of hardware and software for computer systems, telecommunications systems, and microfilming systems, and provide education to the courts on the use of such systems so as to improve the quality and efficiency of justice in the state;

(8) Assist the Supreme Court in the operation of the Supreme Court Library; and

(9) Attend to the other nonjudicial business of the judicial branch under such rules as the Supreme Court may by order adopt.

(f) The director shall, with the approval of the Supreme Court, appoint such assistants as may be necessary. He or she shall be provided with such office facilities as may be required.

(g) The director shall advise and assist clerks of trial courts in the keeping of records of their proceedings and shall make reports and recommendations in connection therewith to the Supreme Court, the trial judges, and the clerks of those courts.

(h) The clerks, officers, and employees of the courts shall comply with all requests of the director for information and statistical data relating to the business of the courts and the expenditure of public funds for their maintenance and operation. The director shall notify the Supreme Court of any noncompliance with such requests.

Amended by Act 2019, No. 315,§ 1290, eff. 7/24/2019.

Amended by Act 2017, No. 698,§ 1, eff. 3/27/2017.

Acts 1965, No. 496, § 2; 1971, No. 599, § 1; 1973, No. 237, § 2; A.S.A. 1947, § 22-143; Acts 1989, No. 760, § 2.
Ark. Code Ann. § 16-10-408 — AR Code / Title 16 / Chapter 10 / Subchapter 4 / Section 16-10-408
Suspension with pay
Status: in_force

A judge may be suspended by the Supreme Court with pay: (1) While a recommendation to the Supreme Court by the Judicial Discipline and Disability Commission for his or her removal or involuntary disability retirement is pending; or (2) When articles of impeachment have been voted by the House of Representatives. Amended by Act 2015, No. 938,§ 1, eff. 7/22/2015. Acts 1989, No. 637, § 4.

A judge may be suspended by the Supreme Court with pay:

(1) While a recommendation to the Supreme Court by the Judicial Discipline and Disability Commission for his or her removal or involuntary disability retirement is pending; or

(2) When articles of impeachment have been voted by the House of Representatives.

Amended by Act 2015, No. 938,§ 1, eff. 7/22/2015.

Acts 1989, No. 637, § 4.
Ark. Code Ann. § 16-43-306 — AR Code / Title 16 / Chapter 43 / Subchapter 3 / Section 16-43-306
Certificate for obtaining prisoner from another state to testify in this state
Status: in_force

If a person confined in a penal institution in any other state may be a material witness in a criminal action pending in a court of record or in a grand jury investigation in this state, a judge of the court may certify: (1) That there is a criminal proceeding or investigation by a grand jury or a criminal action pending in the court; (2) That a person who is confined in a penal institution in the other state may be a material witness in the proceeding, investigation, or action; and (3) That his presence will be required during a specified time. The certificate shall be presented to a judge of a court of record in the other state having jurisdiction over the prisoner confined, and a notice shall be given to the Attorney General of the state in which the prisoner is confined. Acts 1959, No. 216, § 6; A.S.A. 1947, § 43-2030.

If a person confined in a penal institution in any other state may be a material witness in a criminal action pending in a court of record or in a grand jury investigation in this state, a judge of the court may certify:

(1) That there is a criminal proceeding or investigation by a grand jury or a criminal action pending in the court;

(2) That a person who is confined in a penal institution in the other state may be a material witness in the proceeding, investigation, or action; and

(3) That his presence will be required during a specified time. The certificate shall be presented to a judge of a court of record in the other state having jurisdiction over the prisoner confined, and a notice shall be given to the Attorney General of the state in which the prisoner is confined.

Acts 1959, No. 216, § 6; A.S.A. 1947, § 43-2030.
Ark. Code Ann. § 16-13-1407 — AR Code / Title 16 / Chapter 13 / Subchapter 14 / Section 16-13-1407
Chancery court law clerks
Status: in_force

(a) The chancellors of the Sixth Judicial District, by concurrence of a majority of themselves, may appoint one (1) law clerk who shall be a licensed attorney or graduate of an accredited law school. (b) The law clerk shall receive the same salary as provided for chancery court reporters in the Sixth Judicial District. Acts 1979, No. 211, § 6; A.S.A. 1947, § 22-417.15.

(a) The chancellors of the Sixth Judicial District, by concurrence of a majority of themselves, may appoint one (1) law clerk who shall be a licensed attorney or graduate of an accredited law school.

(b) The law clerk shall receive the same salary as provided for chancery court reporters in the Sixth Judicial District.

Acts 1979, No. 211, § 6; A.S.A. 1947, § 22-417.15.
Ark. Code Ann. § 16-13-328 — AR Code / Title 16 / Chapter 13 / Subchapter 3 / Section 16-13-328
Intake officers
Status: in_force

(a) Each juvenile division of circuit court shall be provided with no fewer than one (1) intake officer to manage the intake needs of the court. (b) Each intake officer shall: (1) Be employed by the judge or judges of the circuit court designated to hear juvenile cases in the district's plan under Arkansas Supreme Court Administrative Order Number 14, originally issued April 6, 2001; and (2) Serve at the pleasure of the judge or judges. (c) (1) Each intake officer: (A) Shall be certified as a juvenile intake officer according to the laws of this state; (B) Must complete initial certification requirements within one (1) year of the officer's employment; and (C) Must maintain the certification during the terms of employment. (2) The Juvenile Intake and Probation Officers' Certification Committee, composed of juvenile officers and judges of the circuit court designated to hear juvenile cases in the district plan under the order and staffed by an employee of the Administrative Office of the Courts, shall establish certification standards for intake and probation officers. (3) The office shall collect and maintain records for the juvenile officers' certification documentation. (d) (1) (A) The salary of the intake officer shall be paid by the county or counties in which the intake officer works. (B) Except as provided in subdivision (d)(3) of this section, the state shall pay a portion of the salary of a full-time intake officer: (i) Who is certified according to the laws of this state; and (ii) Whose salary has been paid by the county or counties for a period of one (1) year. (2) The portion to be paid by the state shall be the lesser of: (A) Twenty thousand dollars ($20,000) a year; or (B) One-half (½) the intake officer's average salary as calculated over the last twelve (12) months. (3) The state shall reimburse a county only for a portion of salaries paid to the number of intake officers that: (A) Meet the requirements of subdivision (d)(1) of this section; and (B) For reimbursement under the requirements of this subsection, do not exceed two hundred fifty (250) positions authorized by the counties for probation and intake officers, subject to state funding. (e) In order for the General Assembly to make an informed decision on any appropriation increase request, the office shall include with any request for an appropriation increase for juvenile court probation officers that is over the previous fiscal year total appropriation the following information: (1) A letter explaining the purpose or reason for the requested appropriation increases along with a total dollar amount requested, the change level or increase requested, and the funding source of the increase; and (2) For all juvenile court probation officers, a report that includes: (A) Current salaries and previous fiscal years salaries; (B) Current years of service; and (C) Listing of salary increases received by an employee during the current or previous fiscal year. (f) (1) Each circuit judge whose primary responsibility is conducting hearings for the involuntary admission or commitment of persons to the Arkansas State Hospital or any other public or private hospital with a fully trained psychiatrist on the active or consultant staff shall be provided with no fewer than one (1) intake officer to manage the intake needs of the court. (2) The salaries of the intake officers shall be paid by the county or counties in which the intake officers work, with the state's paying a portion, e.g., the lesser of either fifteen thousand dollars ($15,000) per year or one-half (½) of each full-time intake officer's annual salary. Amended by Act 2022, No. 206,§ 12, eff. 7/1/2022. Acts 1989, No. 418, § 2; 1991, No. 794, § 1; 1997, No. 1171, § 2; 2003, No. 1166, § 34; 2005, No. 1398, § 3; 2009, No. 956, § 32.

(a) Each juvenile division of circuit court shall be provided with no fewer than one (1) intake officer to manage the intake needs of the court.

(b) Each intake officer shall: (1) Be employed by the judge or judges of the circuit court designated to hear juvenile cases in the district's plan under Arkansas Supreme Court Administrative Order Number 14, originally issued April 6, 2001; and (2) Serve at the pleasure of the judge or judges.

(1) Be employed by the judge or judges of the circuit court designated to hear juvenile cases in the district's plan under Arkansas Supreme Court Administrative Order Number 14, originally issued April 6, 2001; and

(2) Serve at the pleasure of the judge or judges.

(c) (1) Each intake officer: (A) Shall be certified as a juvenile intake officer according to the laws of this state; (B) Must complete initial certification requirements within one (1) year of the officer's employment; and (C) Must maintain the certification during the terms of employment. (2) The Juvenile Intake and Probation Officers' Certification Committee, composed of juvenile officers and judges of the circuit court designated to hear juvenile cases in the district plan under the order and staffed by an employee of the Administrative Office of the Courts, shall establish certification standards for intake and probation officers. (3) The office shall collect and maintain records for the juvenile officers' certification documentation.

(1) Each intake officer: (A) Shall be certified as a juvenile intake officer according to the laws of this state; (B) Must complete initial certification requirements within one (1) year of the officer's employment; and (C) Must maintain the certification during the terms of employment.

(A) Shall be certified as a juvenile intake officer according to the laws of this state;

(B) Must complete initial certification requirements within one (1) year of the officer's employment; and

(C) Must maintain the certification during the terms of employment.

(2) The Juvenile Intake and Probation Officers' Certification Committee, composed of juvenile officers and judges of the circuit court designated to hear juvenile cases in the district plan under the order and staffed by an employee of the Administrative Office of the Courts, shall establish certification standards for intake and probation officers.

(3) The office shall collect and maintain records for the juvenile officers' certification documentation.

(d) (1) (A) The salary of the intake officer shall be paid by the county or counties in which the intake officer works. (B) Except as provided in subdivision (d)(3) of this section, the state shall pay a portion of the salary of a full-time intake officer: (i) Who is certified according to the laws of this state; and (ii) Whose salary has been paid by the county or counties for a period of one (1) year. (2) The portion to be paid by the state shall be the lesser of: (A) Twenty thousand dollars ($20,000) a year; or (B) One-half (½) the intake officer's average salary as calculated over the last twelve (12) months. (3) The state shall reimburse a county only for a portion of salaries paid to the number of intake officers that: (A) Meet the requirements of subdivision (d)(1) of this section; and (B) For reimbursement under the requirements of this subsection, do not exceed two hundred fifty (250) positions authorized by the counties for probation and intake officers, subject to state funding.

(1) (A) The salary of the intake officer shall be paid by the county or counties in which the intake officer works. (B) Except as provided in subdivision (d)(3) of this section, the state shall pay a portion of the salary of a full-time intake officer: (i) Who is certified according to the laws of this state; and (ii) Whose salary has been paid by the county or counties for a period of one (1) year.

(A) The salary of the intake officer shall be paid by the county or counties in which the intake officer works.

(B) Except as provided in subdivision (d)(3) of this section, the state shall pay a portion of the salary of a full-time intake officer: (i) Who is certified according to the laws of this state; and (ii) Whose salary has been paid by the county or counties for a period of one (1) year.

(i) Who is certified according to the laws of this state; and

(ii) Whose salary has been paid by the county or counties for a period of one (1) year.

(2) The portion to be paid by the state shall be the lesser of: (A) Twenty thousand dollars ($20,000) a year; or (B) One-half (½) the intake officer's average salary as calculated over the last twelve (12) months.

(A) Twenty thousand dollars ($20,000) a year; or

(B) One-half (½) the intake officer's average salary as calculated over the last twelve (12) months.

(3) The state shall reimburse a county only for a portion of salaries paid to the number of intake officers that: (A) Meet the requirements of subdivision (d)(1) of this section; and (B) For reimbursement under the requirements of this subsection, do not exceed two hundred fifty (250) positions authorized by the counties for probation and intake officers, subject to state funding.

(A) Meet the requirements of subdivision (d)(1) of this section; and

(B) For reimbursement under the requirements of this subsection, do not exceed two hundred fifty (250) positions authorized by the counties for probation and intake officers, subject to state funding.

(e) In order for the General Assembly to make an informed decision on any appropriation increase request, the office shall include with any request for an appropriation increase for juvenile court probation officers that is over the previous fiscal year total appropriation the following information: (1) A letter explaining the purpose or reason for the requested appropriation increases along with a total dollar amount requested, the change level or increase requested, and the funding source of the increase; and (2) For all juvenile court probation officers, a report that includes: (A) Current salaries and previous fiscal years salaries; (B) Current years of service; and (C) Listing of salary increases received by an employee during the current or previous fiscal year.

(1) A letter explaining the purpose or reason for the requested appropriation increases along with a total dollar amount requested, the change level or increase requested, and the funding source of the increase; and

(2) For all juvenile court probation officers, a report that includes: (A) Current salaries and previous fiscal years salaries; (B) Current years of service; and (C) Listing of salary increases received by an employee during the current or previous fiscal year.

(A) Current salaries and previous fiscal years salaries;

(B) Current years of service; and

(C) Listing of salary increases received by an employee during the current or previous fiscal year.

(f) (1) Each circuit judge whose primary responsibility is conducting hearings for the involuntary admission or commitment of persons to the Arkansas State Hospital or any other public or private hospital with a fully trained psychiatrist on the active or consultant staff shall be provided with no fewer than one (1) intake officer to manage the intake needs of the court. (2) The salaries of the intake officers shall be paid by the county or counties in which the intake officers work, with the state's paying a portion, e.g., the lesser of either fifteen thousand dollars ($15,000) per year or one-half (½) of each full-time intake officer's annual salary.

(1) Each circuit judge whose primary responsibility is conducting hearings for the involuntary admission or commitment of persons to the Arkansas State Hospital or any other public or private hospital with a fully trained psychiatrist on the active or consultant staff shall be provided with no fewer than one (1) intake officer to manage the intake needs of the court.

(2) The salaries of the intake officers shall be paid by the county or counties in which the intake officers work, with the state's paying a portion, e.g., the lesser of either fifteen thousand dollars ($15,000) per year or one-half (½) of each full-time intake officer's annual salary.

Amended by Act 2022, No. 206,§ 12, eff. 7/1/2022.

Acts 1989, No. 418, § 2; 1991, No. 794, § 1; 1997, No. 1171, § 2; 2003, No. 1166, § 34; 2005, No. 1398, § 3; 2009, No. 956, § 32.
Ark. Code Ann. § 16-30-104 — AR Code / Title 16 / Chapter 30 / Section 16-30-104
Contractual waiver of jury trial
Status: in_force

A written provision in a contract to borrow money or to lend money in which the parties agree to waive their respective rights to a trial by jury under Arkansas Constitution, Article 2, § 7, is valid and enforceable except upon those grounds that exist at law or in equity for the revocation of any contract. Added by Act 2018EX2, No. 13,§ 1, eff. 3/19/2018, op. applicable to all judicial proceedings in which a contract to waive a jury trial is at issue if the judicial proceeding is still pending on the effective date of the act. See Act 2018EX2, No. 13, § 2.

A written provision in a contract to borrow money or to lend money in which the parties agree to waive their respective rights to a trial by jury under Arkansas Constitution, Article 2, § 7, is valid and enforceable except upon those grounds that exist at law or in equity for the revocation of any contract.

Added by Act 2018EX2, No. 13,§ 1, eff. 3/19/2018, op. applicable to all judicial proceedings in which a contract to waive a jury trial is at issue if the judicial proceeding is still pending on the effective date of the act.

See Act 2018EX2, No. 13, § 2.
Ark. Code Ann. § 16-22-307 — AR Code / Title 16 / Chapter 22 / Subchapter 3 / Section 16-22-307
Failure to pay over money - Judgment for money and costs - Penalized by court
Status: in_force

If any attorney at law receiving money for his client refuses or fails to pay the money over on demand, the attorney at law may be proceeded against in a summary way on motion before the circuit court, either in the county in which he may reside or in the county in which he received the money. The court shall render judgment against him for the amount of money received by the attorney at law for the use of his client, with costs, and he shall be further dealt with as the court may deem just under the provisions of this subchapter. Rev. Stat., ch. 15, § 11; C. & M. Dig., § 609; Pope's Dig., § 649; A.S.A. 1947, § 25-305.

If any attorney at law receiving money for his client refuses or fails to pay the money over on demand, the attorney at law may be proceeded against in a summary way on motion before the circuit court, either in the county in which he may reside or in the county in which he received the money. The court shall render judgment against him for the amount of money received by the attorney at law for the use of his client, with costs, and he shall be further dealt with as the court may deem just under the provisions of this subchapter.

Rev. Stat., ch. 15, § 11; C. & M. Dig., § 609; Pope's Dig., § 649; A.S.A. 1947, § 25-305.
Ark. Code Ann. § 16-43-209 — AR Code / Title 16 / Chapter 43 / Subchapter 2 / Section 16-43-209
Criminal proceedings - Additional witnesses
Status: in_force

(a) Should either party desire additional witnesses at the expense of the county, he may file, in term time or in vacation of the court, his verified application for the additional witnesses with the judge of the court. (b) The application shall contain a statement of the facts which the party expects to prove by each one of the additional witnesses sought and an affidavit that such facts cannot be adequately established by the witnesses for whom the party has had subpoenas issued. If any such affidavit is willfully false, the party making it may be punished as for contempt of court. If the judge finds the application should be granted, he shall direct the clerk to issue subpoenas for the additional witnesses he finds the party should have. (c) After the trial of the case or after the witnesses have testified, and not before, the judge shall file the application with the clerk of the court, and it shall become a part of the record in the case. In no event shall the judge disclose the contents of the application until the case has been tried or the witnesses have testified. (d) While the trial is actually in progress, the court in its discretion may direct the clerk to issue additional subpoenas at the expense of the county without affidavits required by this subchapter. (e) In any event, either party may have additional witnesses who receive no compensation from the county for their services. Init. Meas. 1936, No. 3, § 35, Acts 1937, p. 1384; Pope's Dig., § 3940; A.S.A. 1947, § 43-2002.

(a) Should either party desire additional witnesses at the expense of the county, he may file, in term time or in vacation of the court, his verified application for the additional witnesses with the judge of the court.

(b) The application shall contain a statement of the facts which the party expects to prove by each one of the additional witnesses sought and an affidavit that such facts cannot be adequately established by the witnesses for whom the party has had subpoenas issued. If any such affidavit is willfully false, the party making it may be punished as for contempt of court. If the judge finds the application should be granted, he shall direct the clerk to issue subpoenas for the additional witnesses he finds the party should have.

(c) After the trial of the case or after the witnesses have testified, and not before, the judge shall file the application with the clerk of the court, and it shall become a part of the record in the case. In no event shall the judge disclose the contents of the application until the case has been tried or the witnesses have testified.

(d) While the trial is actually in progress, the court in its discretion may direct the clerk to issue additional subpoenas at the expense of the county without affidavits required by this subchapter.

(e) In any event, either party may have additional witnesses who receive no compensation from the county for their services.

Init. Meas. 1936, No. 3, § 35, Acts 1937, p. 1384; Pope's Dig., § 3940; A.S.A. 1947, § 43-2002.
Ark. Code Ann. § 16-93-1210 — AR Code / Title 16 / Chapter 93 / Subchapter 12 / Section 16-93-1210
Sentence optional
Status: in_force

Nothing in this subchapter shall grant any offender the right to be sentenced or transferred under this subchapter as a matter of right. Acts 1993, No. 531, § 10; 1993, No. 548, § 10.

Nothing in this subchapter shall grant any offender the right to be sentenced or transferred under this subchapter as a matter of right.

Acts 1993, No. 531, § 10; 1993, No. 548, § 10.
Ark. Code Ann. § 16-13-326 — AR Code / Title 16 / Chapter 13 / Subchapter 3 / Section 16-13-326
Circuit court juvenile division funds
Status: in_force

(a) (1) All court costs, fines, and fees assessed by the juvenile division of circuit court shall be deposited and accounted for by the county in which they are received. (2) The court shall have the authority to direct that the fees, court costs, and fines shall be collected by either the juvenile officer, the sheriff, or the clerk of the juvenile division of circuit court or other person designated by the court for the county in which the fees, court costs, and fines are charged. (b) (1) The officer designated by the court to collect juvenile fees, court costs, and fines shall deposit the fees, court costs, and fines into the appropriate fund and monthly deposit the fees, court costs, and fines into the fund in the county treasury of the county where the fees are collected. (2) (A) In a judicial district with multiple judges designated to hear juvenile cases in the district plan under Supreme Court Administrative Order No. 14, the majority of the judges shall determine who is to be in charge of the collection and accounting of fees, court costs, and fines. (B) If there is no majority, the administrative judge is to determine who shall be in charge of the collection and accounting of fees, court costs, and fines as provided by this section. (3) (A) However, in judicial districts having more than one (1) county, the majority of the judges or the administrative judge may designate the treasurer of one (1) of the counties in the district as the depository of all juvenile and diversion fees, court costs, and fines collected in the district. (B) The treasurer so designated by the court shall maintain a separate account of the juvenile fees, court costs, and fines collected in each county in the district so that fees, court costs, and fines collected in a county are spent to support the juveniles and juvenile division court services and programs in that county. (C) Money remaining at the end of the fiscal year shall not revert to any other fund but shall remain in the circuit court juvenile division fund and carry over to the next fiscal year. (c) The funds derived from the collection of juvenile fees, court costs, and fines shall be used by agreement of the judge or judges of the circuit court designated to hear juvenile cases in the district plan under Supreme Court Administrative Order No. 14, originally issued April 6, 2001, and the quorum court of the county to provide services and supplies to juveniles and support court programs at the discretion of the juvenile division of circuit court, including without limitation: (1) Juvenile drug courts; (2) Teen courts; (3) Volunteer probation programs; (4) Court-appointed special advocates; and (5) After-school and community-based programs. Acts 1989, No. 418, § 5; 1994 (2nd Ex. Sess.), No. 61, § 3; 1994 (2nd Ex. Sess.), No. 62, § 3; 1995, No. 1204, § 1; 2003, No. 1809, § 14; 2011, No. 1175, § 13.

(a) (1) All court costs, fines, and fees assessed by the juvenile division of circuit court shall be deposited and accounted for by the county in which they are received. (2) The court shall have the authority to direct that the fees, court costs, and fines shall be collected by either the juvenile officer, the sheriff, or the clerk of the juvenile division of circuit court or other person designated by the court for the county in which the fees, court costs, and fines are charged.

(1) All court costs, fines, and fees assessed by the juvenile division of circuit court shall be deposited and accounted for by the county in which they are received.

(2) The court shall have the authority to direct that the fees, court costs, and fines shall be collected by either the juvenile officer, the sheriff, or the clerk of the juvenile division of circuit court or other person designated by the court for the county in which the fees, court costs, and fines are charged.

(b) (1) The officer designated by the court to collect juvenile fees, court costs, and fines shall deposit the fees, court costs, and fines into the appropriate fund and monthly deposit the fees, court costs, and fines into the fund in the county treasury of the county where the fees are collected. (2) (A) In a judicial district with multiple judges designated to hear juvenile cases in the district plan under Supreme Court Administrative Order No. 14, the majority of the judges shall determine who is to be in charge of the collection and accounting of fees, court costs, and fines. (B) If there is no majority, the administrative judge is to determine who shall be in charge of the collection and accounting of fees, court costs, and fines as provided by this section. (3) (A) However, in judicial districts having more than one (1) county, the majority of the judges or the administrative judge may designate the treasurer of one (1) of the counties in the district as the depository of all juvenile and diversion fees, court costs, and fines collected in the district. (B) The treasurer so designated by the court shall maintain a separate account of the juvenile fees, court costs, and fines collected in each county in the district so that fees, court costs, and fines collected in a county are spent to support the juveniles and juvenile division court services and programs in that county. (C) Money remaining at the end of the fiscal year shall not revert to any other fund but shall remain in the circuit court juvenile division fund and carry over to the next fiscal year.

(1) The officer designated by the court to collect juvenile fees, court costs, and fines shall deposit the fees, court costs, and fines into the appropriate fund and monthly deposit the fees, court costs, and fines into the fund in the county treasury of the county where the fees are collected.

(2) (A) In a judicial district with multiple judges designated to hear juvenile cases in the district plan under Supreme Court Administrative Order No. 14, the majority of the judges shall determine who is to be in charge of the collection and accounting of fees, court costs, and fines. (B) If there is no majority, the administrative judge is to determine who shall be in charge of the collection and accounting of fees, court costs, and fines as provided by this section.

(A) In a judicial district with multiple judges designated to hear juvenile cases in the district plan under Supreme Court Administrative Order No. 14, the majority of the judges shall determine who is to be in charge of the collection and accounting of fees, court costs, and fines.

(B) If there is no majority, the administrative judge is to determine who shall be in charge of the collection and accounting of fees, court costs, and fines as provided by this section.

(3) (A) However, in judicial districts having more than one (1) county, the majority of the judges or the administrative judge may designate the treasurer of one (1) of the counties in the district as the depository of all juvenile and diversion fees, court costs, and fines collected in the district. (B) The treasurer so designated by the court shall maintain a separate account of the juvenile fees, court costs, and fines collected in each county in the district so that fees, court costs, and fines collected in a county are spent to support the juveniles and juvenile division court services and programs in that county. (C) Money remaining at the end of the fiscal year shall not revert to any other fund but shall remain in the circuit court juvenile division fund and carry over to the next fiscal year.

(A) However, in judicial districts having more than one (1) county, the majority of the judges or the administrative judge may designate the treasurer of one (1) of the counties in the district as the depository of all juvenile and diversion fees, court costs, and fines collected in the district.

(B) The treasurer so designated by the court shall maintain a separate account of the juvenile fees, court costs, and fines collected in each county in the district so that fees, court costs, and fines collected in a county are spent to support the juveniles and juvenile division court services and programs in that county.

(C) Money remaining at the end of the fiscal year shall not revert to any other fund but shall remain in the circuit court juvenile division fund and carry over to the next fiscal year.

(c) The funds derived from the collection of juvenile fees, court costs, and fines shall be used by agreement of the judge or judges of the circuit court designated to hear juvenile cases in the district plan under Supreme Court Administrative Order No. 14, originally issued April 6, 2001, and the quorum court of the county to provide services and supplies to juveniles and support court programs at the discretion of the juvenile division of circuit court, including without limitation: (1) Juvenile drug courts; (2) Teen courts; (3) Volunteer probation programs; (4) Court-appointed special advocates; and (5) After-school and community-based programs.

(1) Juvenile drug courts;

(2) Teen courts;

(3) Volunteer probation programs;

(4) Court-appointed special advocates; and

(5) After-school and community-based programs.

Acts 1989, No. 418, § 5; 1994 (2nd Ex. Sess.), No. 61, § 3; 1994 (2nd Ex. Sess.), No. 62, § 3; 1995, No. 1204, § 1; 2003, No. 1809, § 14; 2011, No. 1175, § 13.
Ark. Code Ann. § 16-81-406 — AR Code / Title 16 / Chapter 81 / Subchapter 4 / Section 16-81-406
Construction
Status: in_force

Section 16 -81-404 shall not be construed so as to make unlawful any arrest in this state which would otherwise be lawful. Acts 1951, No. 211, § 6; A.S.A. 1947, § 43-516.

Section 16 -81-404 shall not be construed so as to make unlawful any arrest in this state which would otherwise be lawful.

Acts 1951, No. 211, § 6; A.S.A. 1947, § 43-516.
Ark. Code Ann. § 16-32-103 — AR Code / Title 16 / Chapter 32 / Subchapter 1 / Section 16-32-103
Master list
Status: in_force

(a) During the month of November or December of each year, the prospective jurors for the following calendar year shall be selected from among the current list of registered voters of the applicable district or county in the following manner: (1) The circuit judge, in the presence of the circuit clerk, shall select at random a number between one (1) and one hundred (100), inclusive, which shall be the starting number, and the circuit court shall then select the person whose name appears on the current voter registration list in that numerical position, counting sequentially from the first name on the list; (2) The circuit clerk shall then select the one hundredth voter registrant appearing on the list after the starting number. As an example, if the starting number is sixty-seven (67), which is the first selection, the second selection would be the one hundred sixty-seventh registered voter, the third selection would be the two hundred sixty-seventh registered voter, and so forth until the current registered voter list is exhausted; and (3) The circuit judge and the circuit clerk shall then repeat the random selection process until the number of jurors set out in this subsection have been selected. (b) The number of persons to be selected shall be based upon the number of qualified registered voters in the appropriate district or county as reflected by the current list of registered voters provided by the county clerk under legal requirements and, unless a larger number is designated by the circuit judge, the minimum number selected shall be as follows: Number of Registered Voters Minimum Number of Prospective Petit Jurors Minimum Number of Prospective Grand Jurors 90,000 or more 1,200 120 16,000 to 89,999 1,000 100 10,000 to 15,999 800 90 6,000 to 9,999 600 75 2,000 to 5,999 500 75 0 to 1,999 250 or 50% of the registered voters, whichever is smaller (c) (1) After the list of prospective jurors has been submitted by the circuit clerk, the circuit judge may, in the exercise of his or her discretion, authorize clerical assistance in preparing the alphabetized master list and separate cards, chips, disks, or other appropriate means of including the names and addresses of the prospective jurors in the wheel or box. (2) The expense of this clerical help shall be paid by the county as an expense of the administration of justice. (3) Clerical employees shall take the following oath: "I will not make known to anyone the names of the prospective jurors who have been selected and I will not, directly or indirectly, converse with anyone selected as a juror concerning the merits of any proceeding pending or likely to come before the grand jury or court until after the case is tried or otherwise finally disposed of." (d) Subsections (a)-(c) of this section shall be applicable to all circuit courts and counties within the state that are not using a computerized random jury selection process. (e) (1) (A) All circuit clerks who maintain on computers voter registration lists or the enhanced list of prospective jurors authorized by § 16-32-302 , whether in-house or contracted, may utilize the computers and associated equipment for the purpose of selecting jury panels from the voter registration lists or the enhanced list of prospective jurors instead of compiling a master list under subsections (a)-(c) of this section if the computer program is capable of randomly selecting names for the jury panels from the voter registration lists or enhanced list of prospective jurors. (B) If the computer program is not capable of randomly selecting names for the jury panels from the voter registration lists or enhanced list of prospective jurors, the clerks may use the computers and associated equipment for the purpose of creating the master list under subsections (a)-(c) of this section. (2) The master list of jurors' names and addresses shall not be available for public inspection, publication, or copying, but it may be examined in the presence of the circuit judge by litigants or their attorneys who desire to verify that names drawn from the wheel or box were placed there in the manner provided in this act by the commissioners. (3) (A) In counties where jury selection is conducted by a computerized random process, the source list of potential jurors' names and addresses shall not be available for public inspection, publication, or copying. (B) The source list may be examined in the presence of the circuit judge by litigants or their attorneys who desire to verify that names randomly selected by computer were selected from the list. Acts 1969, No. 568, § 15; 1975, No. 485, § 2; 1979, No. 816, §§ 1, 2; 1981, No. 687, § 1; 1985, No. 1066, § 1; A.S.A. 1947, §§ 39-205.1, 39-205.1n, 39-205.2, 39-207; Acts 2005, No. 87, § 2.

(a) During the month of November or December of each year, the prospective jurors for the following calendar year shall be selected from among the current list of registered voters of the applicable district or county in the following manner: (1) The circuit judge, in the presence of the circuit clerk, shall select at random a number between one (1) and one hundred (100), inclusive, which shall be the starting number, and the circuit court shall then select the person whose name appears on the current voter registration list in that numerical position, counting sequentially from the first name on the list; (2) The circuit clerk shall then select the one hundredth voter registrant appearing on the list after the starting number. As an example, if the starting number is sixty-seven (67), which is the first selection, the second selection would be the one hundred sixty-seventh registered voter, the third selection would be the two hundred sixty-seventh registered voter, and so forth until the current registered voter list is exhausted; and (3) The circuit judge and the circuit clerk shall then repeat the random selection process until the number of jurors set out in this subsection have been selected.

(1) The circuit judge, in the presence of the circuit clerk, shall select at random a number between one (1) and one hundred (100), inclusive, which shall be the starting number, and the circuit court shall then select the person whose name appears on the current voter registration list in that numerical position, counting sequentially from the first name on the list;

(2) The circuit clerk shall then select the one hundredth voter registrant appearing on the list after the starting number. As an example, if the starting number is sixty-seven (67), which is the first selection, the second selection would be the one hundred sixty-seventh registered voter, the third selection would be the two hundred sixty-seventh registered voter, and so forth until the current registered voter list is exhausted; and

(3) The circuit judge and the circuit clerk shall then repeat the random selection process until the number of jurors set out in this subsection have been selected.

(b) The number of persons to be selected shall be based upon the number of qualified registered voters in the appropriate district or county as reflected by the current list of registered voters provided by the county clerk under legal requirements and, unless a larger number is designated by the circuit judge, the minimum number selected shall be as follows: Number of Registered Voters Minimum Number of Prospective Petit Jurors Minimum Number of Prospective Grand Jurors 90,000 or more 1,200 120 16,000 to 89,999 1,000 100 10,000 to 15,999 800 90 6,000 to 9,999 600 75 2,000 to 5,999 500 75 0 to 1,999 250 or 50% of the registered voters, whichever is smaller

Number of Registered Voters Minimum Number of Prospective Petit Jurors Minimum Number of Prospective Grand Jurors 90,000 or more 1,200 120 16,000 to 89,999 1,000 100 10,000 to 15,999 800 90 6,000 to 9,999 600 75 2,000 to 5,999 500 75 0 to 1,999 250 or 50% of the registered voters, whichever is smaller

Number of Registered Voters

Minimum Number of Prospective Petit Jurors

Minimum Number of Prospective Grand Jurors

90,000 or more

1,200

120

16,000 to 89,999

1,000

100

10,000 to 15,999

800

90

6,000 to 9,999

600

75

2,000 to 5,999

500

75

0 to 1,999

250 or 50% of the registered voters, whichever is smaller

(c) (1) After the list of prospective jurors has been submitted by the circuit clerk, the circuit judge may, in the exercise of his or her discretion, authorize clerical assistance in preparing the alphabetized master list and separate cards, chips, disks, or other appropriate means of including the names and addresses of the prospective jurors in the wheel or box. (2) The expense of this clerical help shall be paid by the county as an expense of the administration of justice. (3) Clerical employees shall take the following oath: "I will not make known to anyone the names of the prospective jurors who have been selected and I will not, directly or indirectly, converse with anyone selected as a juror concerning the merits of any proceeding pending or likely to come before the grand jury or court until after the case is tried or otherwise finally disposed of."

(1) After the list of prospective jurors has been submitted by the circuit clerk, the circuit judge may, in the exercise of his or her discretion, authorize clerical assistance in preparing the alphabetized master list and separate cards, chips, disks, or other appropriate means of including the names and addresses of the prospective jurors in the wheel or box.

(2) The expense of this clerical help shall be paid by the county as an expense of the administration of justice.

(3) Clerical employees shall take the following oath: "I will not make known to anyone the names of the prospective jurors who have been selected and I will not, directly or indirectly, converse with anyone selected as a juror concerning the merits of any proceeding pending or likely to come before the grand jury or court until after the case is tried or otherwise finally disposed of."

"I will not make known to anyone the names of the prospective jurors who have been selected and I will not, directly or indirectly, converse with anyone selected as a juror concerning the merits of any proceeding pending or likely to come before the grand jury or court until after the case is tried or otherwise finally disposed of."

(d) Subsections (a)-(c) of this section shall be applicable to all circuit courts and counties within the state that are not using a computerized random jury selection process.

(e) (1) (A) All circuit clerks who maintain on computers voter registration lists or the enhanced list of prospective jurors authorized by § 16-32-302 , whether in-house or contracted, may utilize the computers and associated equipment for the purpose of selecting jury panels from the voter registration lists or the enhanced list of prospective jurors instead of compiling a master list under subsections (a)-(c) of this section if the computer program is capable of randomly selecting names for the jury panels from the voter registration lists or enhanced list of prospective jurors. (B) If the computer program is not capable of randomly selecting names for the jury panels from the voter registration lists or enhanced list of prospective jurors, the clerks may use the computers and associated equipment for the purpose of creating the master list under subsections (a)-(c) of this section. (2) The master list of jurors' names and addresses shall not be available for public inspection, publication, or copying, but it may be examined in the presence of the circuit judge by litigants or their attorneys who desire to verify that names drawn from the wheel or box were placed there in the manner provided in this act by the commissioners. (3) (A) In counties where jury selection is conducted by a computerized random process, the source list of potential jurors' names and addresses shall not be available for public inspection, publication, or copying. (B) The source list may be examined in the presence of the circuit judge by litigants or their attorneys who desire to verify that names randomly selected by computer were selected from the list.

(1) (A) All circuit clerks who maintain on computers voter registration lists or the enhanced list of prospective jurors authorized by § 16-32-302 , whether in-house or contracted, may utilize the computers and associated equipment for the purpose of selecting jury panels from the voter registration lists or the enhanced list of prospective jurors instead of compiling a master list under subsections (a)-(c) of this section if the computer program is capable of randomly selecting names for the jury panels from the voter registration lists or enhanced list of prospective jurors. (B) If the computer program is not capable of randomly selecting names for the jury panels from the voter registration lists or enhanced list of prospective jurors, the clerks may use the computers and associated equipment for the purpose of creating the master list under subsections (a)-(c) of this section.

(A) All circuit clerks who maintain on computers voter registration lists or the enhanced list of prospective jurors authorized by § 16-32-302 , whether in-house or contracted, may utilize the computers and associated equipment for the purpose of selecting jury panels from the voter registration lists or the enhanced list of prospective jurors instead of compiling a master list under subsections (a)-(c) of this section if the computer program is capable of randomly selecting names for the jury panels from the voter registration lists or enhanced list of prospective jurors.

(B) If the computer program is not capable of randomly selecting names for the jury panels from the voter registration lists or enhanced list of prospective jurors, the clerks may use the computers and associated equipment for the purpose of creating the master list under subsections (a)-(c) of this section.

(2) The master list of jurors' names and addresses shall not be available for public inspection, publication, or copying, but it may be examined in the presence of the circuit judge by litigants or their attorneys who desire to verify that names drawn from the wheel or box were placed there in the manner provided in this act by the commissioners.

(3) (A) In counties where jury selection is conducted by a computerized random process, the source list of potential jurors' names and addresses shall not be available for public inspection, publication, or copying. (B) The source list may be examined in the presence of the circuit judge by litigants or their attorneys who desire to verify that names randomly selected by computer were selected from the list.

(A) In counties where jury selection is conducted by a computerized random process, the source list of potential jurors' names and addresses shall not be available for public inspection, publication, or copying.

(B) The source list may be examined in the presence of the circuit judge by litigants or their attorneys who desire to verify that names randomly selected by computer were selected from the list.

Acts 1969, No. 568, § 15; 1975, No. 485, § 2; 1979, No. 816, §§ 1, 2; 1981, No. 687, § 1; 1985, No. 1066, § 1; A.S.A. 1947, §§ 39-205.1, 39-205.1n, 39-205.2, 39-207; Acts 2005, No. 87, § 2.
Ark. Code Ann. § 16-13-1003 — AR Code / Title 16 / Chapter 13 / Subchapter 10 / Section 16-13-1003
Judges and chancellors
Status: in_force

(a) (1) The qualified electors of the Second Judicial District shall elect: (A) Three (3) circuit judges; (B) Three (3) chancellors; (C) One (1) circuit-chancery judge; and (D) One (1) circuit-chancery judgeship. (2) (A) There is created in the Second Judicial District an additional circuit judgeship which shall have jurisdiction in law, equity, probate, and juvenile matters. (B) (i) The additional judge shall be elected from the district and shall satisfy the same qualifications for holding office and shall receive the same salary, expenses, and other allowances as provided by law for judges of the circuit courts. (ii) The judge shall serve for elected terms of six (6) years. (C) The counties which compose the Second Judicial District shall provide courtroom and office facilities and supplies for the judge of the circuit judgeship created by subdivision (a)(2)(A) of this section, which shall be paid out of the county treasuries in the same manner as other demands against the counties, out of funds appropriated by the respective quorum courts of the counties for such purposes. (D) There shall be provided for the judge of the circuit judgeship created by subdivision (a)(2)(A) of this section a court reporter and a trial court administrative assistant whose salaries shall be fixed and paid in the manner provided by law for court reporters and trial court administrative assistants of the circuit courts of this state. (b) (1) The judge of the judgeship created by subdivision (a)(1)(C) of this section shall be the judge of the juvenile division of chancery court. The judge shall serve as judge of the juvenile division in lieu of the judge who would otherwise be designated as judge of the juvenile division of chancery court in the judicial district. (2) The judge of the additional circuit-chancery judgeship created in subdivision (a)(1)(C) of this section shall devote such time as may be required to perform the duties of judge of the juvenile division, which duties shall be the primary obligation of the judge, and shall sit as judge of the circuit, chancery, or probate court as time permits. (3) The circuit-chancery judgeship created by subdivision (a)(1)(D) of this section shall primarily perform the duties of a judge of the juvenile division of chancery court and conduct hearings for the involuntary admission or commitment of persons to the Arkansas State Hospital or any other public or private hospital with a fully trained psychiatrist on the active or consultant staff and shall sit as judge of the circuit, chancery, and probate courts as time permits. (c) Effective February 27, 1995, the subdistrict 2.2, division 2, and division 3 circuit judgeships shall become circuit-chancery judgeships which shall have jurisdiction in law, equity, and probate. (d) All circuit judges and all chancery judges of the Second Judicial District which have not already been converted to circuit-chancery judges on February 28, 1997, shall be converted to circuit-chancery judges at the expiration of their present term of office, and, upon election, their successors shall have jurisdiction in law, equity, and probate. (e) (1) Effective July 1, 2007, there is created in the Second Judicial District an additional circuit judgeship that shall have jurisdiction in law, equity, probate, and juvenile matters. (2) The Governor shall appoint a qualified person who is a resident of the district to temporarily fill the Second Judicial District circuit judgeship created by subdivision (e)(1) of this section, and the appointed person shall serve until January 1, 2009, or until a successor has been elected and qualified. (3) (A) The qualified electors of the district shall elect the additional circuit judge created by subdivision (e)(1) of this section at the 2008 preferential primary election to take office on January 1, 2009. (B) The additional circuit judge shall be elected from the district, shall satisfy the same qualifications for holding office, and shall receive the same salary, expenses, and other allowances as provided by law for judges of the circuit courts. (C) The circuit judge shall serve for elected terms of six (6) years. (4) The counties that compose the Second Judicial District shall provide courtroom and office facilities and supplies for the judge of the circuit judgeship created by subdivision (e)(1) of this section, which shall be paid out of the county treasuries in the same manner as other demands against the counties and out of funds appropriated by the respective quorum courts of the counties for these purposes. (5) There shall be provided for the judge of the circuit judgeship created by subdivision (e)(1) of this section a court reporter and a trial court administrative assistant whose salaries shall be fixed and paid in the manner provided by law for court reporters and trial court administrative assistants of the circuit courts of this state. (f) There is created in the Second Judicial District an additional circuit judgeship that shall have jurisdiction in law, equity, probate, and juvenile matters. Amended by Act 2019, No. 1003,§ 1, eff. 7/1/2019. Acts 1977, No. 432, § 1; A.S.A. 1947, § 22-365; Acts 1989, No. 949, § 1; 1989 (3rd Ex. Sess.), No. 28, § 1; 1995, No. 471, § 1; 1997, No. 311, § 1; 2001, No. 1186, § 1; 2007, No. 168, § 2.

(a) (1) The qualified electors of the Second Judicial District shall elect: (A) Three (3) circuit judges; (B) Three (3) chancellors; (C) One (1) circuit-chancery judge; and (D) One (1) circuit-chancery judgeship. (2) (A) There is created in the Second Judicial District an additional circuit judgeship which shall have jurisdiction in law, equity, probate, and juvenile matters. (B) (i) The additional judge shall be elected from the district and shall satisfy the same qualifications for holding office and shall receive the same salary, expenses, and other allowances as provided by law for judges of the circuit courts. (ii) The judge shall serve for elected terms of six (6) years. (C) The counties which compose the Second Judicial District shall provide courtroom and office facilities and supplies for the judge of the circuit judgeship created by subdivision (a)(2)(A) of this section, which shall be paid out of the county treasuries in the same manner as other demands against the counties, out of funds appropriated by the respective quorum courts of the counties for such purposes. (D) There shall be provided for the judge of the circuit judgeship created by subdivision (a)(2)(A) of this section a court reporter and a trial court administrative assistant whose salaries shall be fixed and paid in the manner provided by law for court reporters and trial court administrative assistants of the circuit courts of this state.

(1) The qualified electors of the Second Judicial District shall elect: (A) Three (3) circuit judges; (B) Three (3) chancellors; (C) One (1) circuit-chancery judge; and (D) One (1) circuit-chancery judgeship.

(A) Three (3) circuit judges;

(B) Three (3) chancellors;

(C) One (1) circuit-chancery judge; and

(D) One (1) circuit-chancery judgeship.

(2) (A) There is created in the Second Judicial District an additional circuit judgeship which shall have jurisdiction in law, equity, probate, and juvenile matters. (B) (i) The additional judge shall be elected from the district and shall satisfy the same qualifications for holding office and shall receive the same salary, expenses, and other allowances as provided by law for judges of the circuit courts. (ii) The judge shall serve for elected terms of six (6) years. (C) The counties which compose the Second Judicial District shall provide courtroom and office facilities and supplies for the judge of the circuit judgeship created by subdivision (a)(2)(A) of this section, which shall be paid out of the county treasuries in the same manner as other demands against the counties, out of funds appropriated by the respective quorum courts of the counties for such purposes. (D) There shall be provided for the judge of the circuit judgeship created by subdivision (a)(2)(A) of this section a court reporter and a trial court administrative assistant whose salaries shall be fixed and paid in the manner provided by law for court reporters and trial court administrative assistants of the circuit courts of this state.

(A) There is created in the Second Judicial District an additional circuit judgeship which shall have jurisdiction in law, equity, probate, and juvenile matters.

(B) (i) The additional judge shall be elected from the district and shall satisfy the same qualifications for holding office and shall receive the same salary, expenses, and other allowances as provided by law for judges of the circuit courts. (ii) The judge shall serve for elected terms of six (6) years.

(i) The additional judge shall be elected from the district and shall satisfy the same qualifications for holding office and shall receive the same salary, expenses, and other allowances as provided by law for judges of the circuit courts.

(ii) The judge shall serve for elected terms of six (6) years.

(C) The counties which compose the Second Judicial District shall provide courtroom and office facilities and supplies for the judge of the circuit judgeship created by subdivision (a)(2)(A) of this section, which shall be paid out of the county treasuries in the same manner as other demands against the counties, out of funds appropriated by the respective quorum courts of the counties for such purposes.

(D) There shall be provided for the judge of the circuit judgeship created by subdivision (a)(2)(A) of this section a court reporter and a trial court administrative assistant whose salaries shall be fixed and paid in the manner provided by law for court reporters and trial court administrative assistants of the circuit courts of this state.

(b) (1) The judge of the judgeship created by subdivision (a)(1)(C) of this section shall be the judge of the juvenile division of chancery court. The judge shall serve as judge of the juvenile division in lieu of the judge who would otherwise be designated as judge of the juvenile division of chancery court in the judicial district. (2) The judge of the additional circuit-chancery judgeship created in subdivision (a)(1)(C) of this section shall devote such time as may be required to perform the duties of judge of the juvenile division, which duties shall be the primary obligation of the judge, and shall sit as judge of the circuit, chancery, or probate court as time permits. (3) The circuit-chancery judgeship created by subdivision (a)(1)(D) of this section shall primarily perform the duties of a judge of the juvenile division of chancery court and conduct hearings for the involuntary admission or commitment of persons to the Arkansas State Hospital or any other public or private hospital with a fully trained psychiatrist on the active or consultant staff and shall sit as judge of the circuit, chancery, and probate courts as time permits.

(1) The judge of the judgeship created by subdivision (a)(1)(C) of this section shall be the judge of the juvenile division of chancery court. The judge shall serve as judge of the juvenile division in lieu of the judge who would otherwise be designated as judge of the juvenile division of chancery court in the judicial district.

(2) The judge of the additional circuit-chancery judgeship created in subdivision (a)(1)(C) of this section shall devote such time as may be required to perform the duties of judge of the juvenile division, which duties shall be the primary obligation of the judge, and shall sit as judge of the circuit, chancery, or probate court as time permits.

(3) The circuit-chancery judgeship created by subdivision (a)(1)(D) of this section shall primarily perform the duties of a judge of the juvenile division of chancery court and conduct hearings for the involuntary admission or commitment of persons to the Arkansas State Hospital or any other public or private hospital with a fully trained psychiatrist on the active or consultant staff and shall sit as judge of the circuit, chancery, and probate courts as time permits.

(c) Effective February 27, 1995, the subdistrict 2.2, division 2, and division 3 circuit judgeships shall become circuit-chancery judgeships which shall have jurisdiction in law, equity, and probate.

(d) All circuit judges and all chancery judges of the Second Judicial District which have not already been converted to circuit-chancery judges on February 28, 1997, shall be converted to circuit-chancery judges at the expiration of their present term of office, and, upon election, their successors shall have jurisdiction in law, equity, and probate.

(e) (1) Effective July 1, 2007, there is created in the Second Judicial District an additional circuit judgeship that shall have jurisdiction in law, equity, probate, and juvenile matters. (2) The Governor shall appoint a qualified person who is a resident of the district to temporarily fill the Second Judicial District circuit judgeship created by subdivision (e)(1) of this section, and the appointed person shall serve until January 1, 2009, or until a successor has been elected and qualified. (3) (A) The qualified electors of the district shall elect the additional circuit judge created by subdivision (e)(1) of this section at the 2008 preferential primary election to take office on January 1, 2009. (B) The additional circuit judge shall be elected from the district, shall satisfy the same qualifications for holding office, and shall receive the same salary, expenses, and other allowances as provided by law for judges of the circuit courts. (C) The circuit judge shall serve for elected terms of six (6) years. (4) The counties that compose the Second Judicial District shall provide courtroom and office facilities and supplies for the judge of the circuit judgeship created by subdivision (e)(1) of this section, which shall be paid out of the county treasuries in the same manner as other demands against the counties and out of funds appropriated by the respective quorum courts of the counties for these purposes. (5) There shall be provided for the judge of the circuit judgeship created by subdivision (e)(1) of this section a court reporter and a trial court administrative assistant whose salaries shall be fixed and paid in the manner provided by law for court reporters and trial court administrative assistants of the circuit courts of this state.

(1) Effective July 1, 2007, there is created in the Second Judicial District an additional circuit judgeship that shall have jurisdiction in law, equity, probate, and juvenile matters.

(2) The Governor shall appoint a qualified person who is a resident of the district to temporarily fill the Second Judicial District circuit judgeship created by subdivision (e)(1) of this section, and the appointed person shall serve until January 1, 2009, or until a successor has been elected and qualified.

(3) (A) The qualified electors of the district shall elect the additional circuit judge created by subdivision (e)(1) of this section at the 2008 preferential primary election to take office on January 1, 2009. (B) The additional circuit judge shall be elected from the district, shall satisfy the same qualifications for holding office, and shall receive the same salary, expenses, and other allowances as provided by law for judges of the circuit courts. (C) The circuit judge shall serve for elected terms of six (6) years.

(A) The qualified electors of the district shall elect the additional circuit judge created by subdivision (e)(1) of this section at the 2008 preferential primary election to take office on January 1, 2009.

(B) The additional circuit judge shall be elected from the district, shall satisfy the same qualifications for holding office, and shall receive the same salary, expenses, and other allowances as provided by law for judges of the circuit courts.

(C) The circuit judge shall serve for elected terms of six (6) years.

(4) The counties that compose the Second Judicial District shall provide courtroom and office facilities and supplies for the judge of the circuit judgeship created by subdivision (e)(1) of this section, which shall be paid out of the county treasuries in the same manner as other demands against the counties and out of funds appropriated by the respective quorum courts of the counties for these purposes.

(5) There shall be provided for the judge of the circuit judgeship created by subdivision (e)(1) of this section a court reporter and a trial court administrative assistant whose salaries shall be fixed and paid in the manner provided by law for court reporters and trial court administrative assistants of the circuit courts of this state.

(f) There is created in the Second Judicial District an additional circuit judgeship that shall have jurisdiction in law, equity, probate, and juvenile matters.

Amended by Act 2019, No. 1003,§ 1, eff. 7/1/2019.

Acts 1977, No. 432, § 1; A.S.A. 1947, § 22-365; Acts 1989, No. 949, § 1; 1989 (3rd Ex. Sess.), No. 28, § 1; 1995, No. 471, § 1; 1997, No. 311, § 1; 2001, No. 1186, § 1; 2007, No. 168, § 2.
Ark. Code Ann. § 16-55-111 — AR Code / Title 16 / Chapter 55 / Subchapter 1 / Section 16-55-111
Classes of remedies
Status: in_force

Remedies in civil cases are divided into two (2) classes: (1) Actions; (2) Special proceedings. Civil Code, Preliminary Provisions, § 2; C. & M. Dig., § 1027; Pope's Dig., § 1229; A.S.A. 1947, § 27-105.

Remedies in civil cases are divided into two (2) classes:

(1) Actions;

(2) Special proceedings.

Civil Code, Preliminary Provisions, § 2; C. & M. Dig., § 1027; Pope's Dig., § 1229; A.S.A. 1947, § 27-105.
Ark. Code Ann. § 16-21-702 — AR Code / Title 16 / Chapter 21 / Subchapter 7 / Section 16-21-702
Disposition of fees - Payment of expenses
Status: in_force

(a) All fees earned and payable to the deputy prosecuting attorneys in Crittenden County under laws now or hereafter in effect, including fees under the Arkansas Hot Check Law, § 5-37-301 et seq., shall be deposited in the county treasury and shall be credited to the county general fund. (b) Expenses actually incurred by the deputy prosecuting attorney or attorneys in Crittenden County in excess of the contingent expense allowance provided for the attorney or attorneys shall be paid upon itemized claims filed by the deputy or deputies. (c) The expenses and allowances provided in § 16-21-701(a)(2) shall be in addition to any necessary expense incurred in connection with any proper investigation incident to violations or alleged violations of the criminal laws or any hearing or trial before a grand jury or any court, including expenses of obtaining evidence and securing attendance of witnesses from within or outside of the State of Arkansas and any unusual travel expenses incurred in connection with the duties of his office, which shall be paid by the county from the county general revenue fund upon the filing of a proper claim by the deputy prosecuting attorney, or by the person or firm entitled to compensation therefor and having the approval of the deputy prosecuting attorney, the prosecuting attorney, or the court in which the matter is pending. Acts 1991, No. 196, § 2.

(a) All fees earned and payable to the deputy prosecuting attorneys in Crittenden County under laws now or hereafter in effect, including fees under the Arkansas Hot Check Law, § 5-37-301 et seq., shall be deposited in the county treasury and shall be credited to the county general fund.

(b) Expenses actually incurred by the deputy prosecuting attorney or attorneys in Crittenden County in excess of the contingent expense allowance provided for the attorney or attorneys shall be paid upon itemized claims filed by the deputy or deputies.

(c) The expenses and allowances provided in § 16-21-701(a)(2) shall be in addition to any necessary expense incurred in connection with any proper investigation incident to violations or alleged violations of the criminal laws or any hearing or trial before a grand jury or any court, including expenses of obtaining evidence and securing attendance of witnesses from within or outside of the State of Arkansas and any unusual travel expenses incurred in connection with the duties of his office, which shall be paid by the county from the county general revenue fund upon the filing of a proper claim by the deputy prosecuting attorney, or by the person or firm entitled to compensation therefor and having the approval of the deputy prosecuting attorney, the prosecuting attorney, or the court in which the matter is pending.

Acts 1991, No. 196, § 2.
Ark. Code Ann. § 16-108-210 — AR Code / Title 16 / Chapter 108 / Subchapter 2 / Section 16-108-210
Consolidation of separate arbitration proceedings
Status: in_force

(a) Except as otherwise provided in subsections (c) and (d), upon motion of a party to an agreement to arbitrate or to an arbitration proceeding, the court may order consolidation of separate arbitration proceedings as to all or some of the claims if: (1) there are separate agreements to arbitrate or separate arbitration proceedings between the same persons, or one of them is a party to a separate agreement to arbitrate or a separate arbitration proceeding with a third person; (2) the claims subject to the agreements to arbitrate arise in substantial part from the same transaction or series of related transactions; (3) the existence of a common issue of law or fact creates the possibility of conflicting decisions in the separate arbitration proceedings; and (4) prejudice resulting from a failure to consolidate is not outweighed by the risk of undue delay or prejudice to the rights of or hardship to parties opposing consolidation. (b) The court may order consolidation of separate arbitration proceedings as to some claims and allow other claims to be resolved in separate arbitration proceedings. (c) Except as provided in subsection (d) of this section, the court may not order consolidation of the claims of a party to an agreement to arbitrate if the agreement prohibits consolidation. (d) (1) An agreement that prohibits the consolidation of arbitration claims or proceedings or denies arbitration for a class of persons involving substantially similar issues shall be closely scrutinized and shall not be enforced if found unconscionable. (2) An agreement may be found unconscionable under this subsection (d) if: (A) The agreement is unreasonable, one-sided, or contains language that is difficult to notice or to understand; (B) A meaningful choice of whether or not to agree to the arbitration provisions of the agreement is not provided; or (C) The agreement is not balanced or fair under reasonable standards of fair dealing. Acts 2011, No. 695, § 1.

(a) Except as otherwise provided in subsections (c) and (d), upon motion of a party to an agreement to arbitrate or to an arbitration proceeding, the court may order consolidation of separate arbitration proceedings as to all or some of the claims if: (1) there are separate agreements to arbitrate or separate arbitration proceedings between the same persons, or one of them is a party to a separate agreement to arbitrate or a separate arbitration proceeding with a third person; (2) the claims subject to the agreements to arbitrate arise in substantial part from the same transaction or series of related transactions; (3) the existence of a common issue of law or fact creates the possibility of conflicting decisions in the separate arbitration proceedings; and (4) prejudice resulting from a failure to consolidate is not outweighed by the risk of undue delay or prejudice to the rights of or hardship to parties opposing consolidation.

(1) there are separate agreements to arbitrate or separate arbitration proceedings between the same persons, or one of them is a party to a separate agreement to arbitrate or a separate arbitration proceeding with a third person;

(2) the claims subject to the agreements to arbitrate arise in substantial part from the same transaction or series of related transactions;

(3) the existence of a common issue of law or fact creates the possibility of conflicting decisions in the separate arbitration proceedings; and

(4) prejudice resulting from a failure to consolidate is not outweighed by the risk of undue delay or prejudice to the rights of or hardship to parties opposing consolidation.

(b) The court may order consolidation of separate arbitration proceedings as to some claims and allow other claims to be resolved in separate arbitration proceedings.

(c) Except as provided in subsection (d) of this section, the court may not order consolidation of the claims of a party to an agreement to arbitrate if the agreement prohibits consolidation.

(d) (1) An agreement that prohibits the consolidation of arbitration claims or proceedings or denies arbitration for a class of persons involving substantially similar issues shall be closely scrutinized and shall not be enforced if found unconscionable. (2) An agreement may be found unconscionable under this subsection (d) if: (A) The agreement is unreasonable, one-sided, or contains language that is difficult to notice or to understand; (B) A meaningful choice of whether or not to agree to the arbitration provisions of the agreement is not provided; or (C) The agreement is not balanced or fair under reasonable standards of fair dealing.

(1) An agreement that prohibits the consolidation of arbitration claims or proceedings or denies arbitration for a class of persons involving substantially similar issues shall be closely scrutinized and shall not be enforced if found unconscionable.

(2) An agreement may be found unconscionable under this subsection (d) if: (A) The agreement is unreasonable, one-sided, or contains language that is difficult to notice or to understand; (B) A meaningful choice of whether or not to agree to the arbitration provisions of the agreement is not provided; or (C) The agreement is not balanced or fair under reasonable standards of fair dealing.

(A) The agreement is unreasonable, one-sided, or contains language that is difficult to notice or to understand;

(B) A meaningful choice of whether or not to agree to the arbitration provisions of the agreement is not provided; or

(C) The agreement is not balanced or fair under reasonable standards of fair dealing.

Acts 2011, No. 695, § 1.
Ark. Code Ann. § 16-122-101 — AR Code / Title 16 / Chapter 122 / Section 16-122-101
Liability of adult, employee, and parent
Status: in_force

(a) An adult or emancipated minor who takes possession of any goods, wares, or merchandise displayed or offered for sale by any wholesale or retail store or other mercantile establishment without the consent of the owner or seller, and with the intention of converting such goods, wares, or merchandise to his or her own use without having paid the purchase price thereof, shall be subject to civil damages and penalties as set forth in § 16-122-102 . (b) An employee who takes possession of any cash, goods, wares, or merchandise without the consent of the owner or seller, and with the intent of converting such cash, goods, wares, or merchandise to his or her own use without having paid the purchase price thereof, shall be subject to civil damages and penalties as set forth in § 16-122-102 in addition to the actual amount of any cash not returned or recovered. (c) (1) The parent or legal guardian having custody of an unemancipated minor under eighteen (18) years of age and over six (6) years of age who takes possession of any goods, wares, or merchandise displayed or offered for sale by any wholesale or retail store or other mercantile establishment without the consent of the owner or seller, and with the intent of converting such goods, wares, or merchandise to his or her own use without having paid the purchase price thereof, shall be subject to civil damages and penalties as set forth in § 16-122-102 ; provided, for the purpose of this subsection, liability shall not be imposed upon any government entity or private agency which has been assigned any responsibility for the minor child pursuant to court order or action of the Department of Human Services. (2) However, no parent or legal guardian shall be civilly liable under the provisions of this subsection for any offense committed by an unemancipated minor under eighteen (18) years of age and over six (6) years of age who has not been in his or her physical custody for the thirty (30) days preceding the offense. Acts 1993, No. 936, §§ 1-3.

(a) An adult or emancipated minor who takes possession of any goods, wares, or merchandise displayed or offered for sale by any wholesale or retail store or other mercantile establishment without the consent of the owner or seller, and with the intention of converting such goods, wares, or merchandise to his or her own use without having paid the purchase price thereof, shall be subject to civil damages and penalties as set forth in § 16-122-102 .

(b) An employee who takes possession of any cash, goods, wares, or merchandise without the consent of the owner or seller, and with the intent of converting such cash, goods, wares, or merchandise to his or her own use without having paid the purchase price thereof, shall be subject to civil damages and penalties as set forth in § 16-122-102 in addition to the actual amount of any cash not returned or recovered.

(c) (1) The parent or legal guardian having custody of an unemancipated minor under eighteen (18) years of age and over six (6) years of age who takes possession of any goods, wares, or merchandise displayed or offered for sale by any wholesale or retail store or other mercantile establishment without the consent of the owner or seller, and with the intent of converting such goods, wares, or merchandise to his or her own use without having paid the purchase price thereof, shall be subject to civil damages and penalties as set forth in § 16-122-102 ; provided, for the purpose of this subsection, liability shall not be imposed upon any government entity or private agency which has been assigned any responsibility for the minor child pursuant to court order or action of the Department of Human Services. (2) However, no parent or legal guardian shall be civilly liable under the provisions of this subsection for any offense committed by an unemancipated minor under eighteen (18) years of age and over six (6) years of age who has not been in his or her physical custody for the thirty (30) days preceding the offense.

(1) The parent or legal guardian having custody of an unemancipated minor under eighteen (18) years of age and over six (6) years of age who takes possession of any goods, wares, or merchandise displayed or offered for sale by any wholesale or retail store or other mercantile establishment without the consent of the owner or seller, and with the intent of converting such goods, wares, or merchandise to his or her own use without having paid the purchase price thereof, shall be subject to civil damages and penalties as set forth in § 16-122-102 ; provided, for the purpose of this subsection, liability shall not be imposed upon any government entity or private agency which has been assigned any responsibility for the minor child pursuant to court order or action of the Department of Human Services.

(2) However, no parent or legal guardian shall be civilly liable under the provisions of this subsection for any offense committed by an unemancipated minor under eighteen (18) years of age and over six (6) years of age who has not been in his or her physical custody for the thirty (30) days preceding the offense.

Acts 1993, No. 936, §§ 1-3.
Ark. Code Ann. § 16-21-1905 — AR Code / Title 16 / Chapter 21 / Subchapter 19 / Section 16-21-1905
Increase in amounts
Status: in_force

The amounts set forth in §§ 16-21-1903 and 16-21-1904 are minimum amounts, and each county quorum court may increase the amounts paid for either purpose when the quorum court feels it is justified and appropriate to do so without regard to similar increases by other counties in the judicial district. Acts 1983, No. 388, § 1; A.S.A. 1947, §§ 24-114.1n, 24-114.1a note.

The amounts set forth in §§ 16-21-1903 and 16-21-1904 are minimum amounts, and each county quorum court may increase the amounts paid for either purpose when the quorum court feels it is justified and appropriate to do so without regard to similar increases by other counties in the judicial district.

Acts 1983, No. 388, § 1; A.S.A. 1947, §§ 24-114.1n, 24-114.1a note.
Ark. Code Ann. § 16-55-206 — AR Code / Title 16 / Chapter 55 / Subchapter 2 / Section 16-55-206
Standards for award of punitive damages
Status: in_force

In order to recover punitive damages from a defendant, a plaintiff has the burden of proving that the defendant is liable for compensatory damages and that either or both of the following aggravating factors were present and related to the injury for which compensatory damages were awarded: (1) The defendant knew or ought to have known, in light of the surrounding circumstances, that his or her conduct would naturally and probably result in injury or damage and that he or she continued the conduct with malice or in reckless disregard of the consequences, from which malice may be inferred; or (2) The defendant intentionally pursued a course of conduct for the purpose of causing injury or damage. Acts 2003, No. 649, § 9.

In order to recover punitive damages from a defendant, a plaintiff has the burden of proving that the defendant is liable for compensatory damages and that either or both of the following aggravating factors were present and related to the injury for which compensatory damages were awarded:

(1) The defendant knew or ought to have known, in light of the surrounding circumstances, that his or her conduct would naturally and probably result in injury or damage and that he or she continued the conduct with malice or in reckless disregard of the consequences, from which malice may be inferred; or

(2) The defendant intentionally pursued a course of conduct for the purpose of causing injury or damage.

Acts 2003, No. 649, § 9.