Ark. Code Ann. § 16-66-208 — AR Code / Title 16 / Chapter 66 / Subchapter 2 / Section 16-66-208
Exemptions - Wages - Penalty
Status: in_force

(a) (1) The wages of all laborers and mechanics not exceeding their wages for sixty (60) days shall be exempt from seizure by garnishment, or other legal process if the defendant in any case files with the court from which the process is issued a sworn statement that the sixty (60) days' wages claimed to be exempt is less than the amount exempt to him or her under the Constitution of the state, and that he or she does not own sufficient other personal property which, together with the sixty (60) days' wages, would exceed in amount the limits of the constitutional exemption. (2) The party in whose favor the garnishment has been issued, and who asserts that a claim of exemption is invalid in whole or in part, by giving five (5) days' written notice to the person claiming the exemption, shall be entitled to a hearing before the court or judge issuing the garnishment upon the question of the validity of the claim of exemption. No supersedeas shall be issued for a period of five (5) days after the claim of exemption is made in order to provide time for the party in whose favor the garnishment has been issued to request such hearing. The notice required by this section shall be served by a person authorized to serve a summons under § 16-58-107 , and shall be filed in the office of the judge or the clerk issuing the garnishment. (3) (A) If the claim of exemption is not valid, either in whole or in part, then the garnishment proceedings shall be stayed only as to such amount as the court may determine. (B) If the claim of exemption is sustained, the wages of the person claiming such exemption shall not again be seized by garnishment or other legal process, for a period of sixty (60) days. (b) (1) The first twenty-five dollars ($25.00) per week of the net wages of all laborers and mechanics shall be absolutely exempt from garnishment or other legal process without the necessity of the laborer or mechanic filing a schedule of exemptions as provided in subsection (a) of this section. (2) The term "net wages", as used in this subsection, shall mean gross wages less the deductions actually withheld by the employer for Arkansas income tax, federal income tax, social security, group retirement, and group hospitalization insurance premiums and group life insurance premiums. (c) Any officer violating the provisions of this section shall be subject to the fines and penalty mentioned in § 16-66-214 . Acts 1875 (Adj. Sess.), No. 23, § 1, p. 24; 1909, No. 195, § 1, p. 574; C. & M. Dig., § 5546; Pope's Dig., § 7185; Acts 1951, No. 301, § 3; 1953, No. 164, § 1; 1967, No. 65, § 1; A.S.A. 1947, § 30-207.

(a) (1) The wages of all laborers and mechanics not exceeding their wages for sixty (60) days shall be exempt from seizure by garnishment, or other legal process if the defendant in any case files with the court from which the process is issued a sworn statement that the sixty (60) days' wages claimed to be exempt is less than the amount exempt to him or her under the Constitution of the state, and that he or she does not own sufficient other personal property which, together with the sixty (60) days' wages, would exceed in amount the limits of the constitutional exemption. (2) The party in whose favor the garnishment has been issued, and who asserts that a claim of exemption is invalid in whole or in part, by giving five (5) days' written notice to the person claiming the exemption, shall be entitled to a hearing before the court or judge issuing the garnishment upon the question of the validity of the claim of exemption. No supersedeas shall be issued for a period of five (5) days after the claim of exemption is made in order to provide time for the party in whose favor the garnishment has been issued to request such hearing. The notice required by this section shall be served by a person authorized to serve a summons under § 16-58-107 , and shall be filed in the office of the judge or the clerk issuing the garnishment. (3) (A) If the claim of exemption is not valid, either in whole or in part, then the garnishment proceedings shall be stayed only as to such amount as the court may determine. (B) If the claim of exemption is sustained, the wages of the person claiming such exemption shall not again be seized by garnishment or other legal process, for a period of sixty (60) days.

(1) The wages of all laborers and mechanics not exceeding their wages for sixty (60) days shall be exempt from seizure by garnishment, or other legal process if the defendant in any case files with the court from which the process is issued a sworn statement that the sixty (60) days' wages claimed to be exempt is less than the amount exempt to him or her under the Constitution of the state, and that he or she does not own sufficient other personal property which, together with the sixty (60) days' wages, would exceed in amount the limits of the constitutional exemption.

(2) The party in whose favor the garnishment has been issued, and who asserts that a claim of exemption is invalid in whole or in part, by giving five (5) days' written notice to the person claiming the exemption, shall be entitled to a hearing before the court or judge issuing the garnishment upon the question of the validity of the claim of exemption. No supersedeas shall be issued for a period of five (5) days after the claim of exemption is made in order to provide time for the party in whose favor the garnishment has been issued to request such hearing. The notice required by this section shall be served by a person authorized to serve a summons under § 16-58-107 , and shall be filed in the office of the judge or the clerk issuing the garnishment.

(3) (A) If the claim of exemption is not valid, either in whole or in part, then the garnishment proceedings shall be stayed only as to such amount as the court may determine. (B) If the claim of exemption is sustained, the wages of the person claiming such exemption shall not again be seized by garnishment or other legal process, for a period of sixty (60) days.

(A) If the claim of exemption is not valid, either in whole or in part, then the garnishment proceedings shall be stayed only as to such amount as the court may determine.

(B) If the claim of exemption is sustained, the wages of the person claiming such exemption shall not again be seized by garnishment or other legal process, for a period of sixty (60) days.

(b) (1) The first twenty-five dollars ($25.00) per week of the net wages of all laborers and mechanics shall be absolutely exempt from garnishment or other legal process without the necessity of the laborer or mechanic filing a schedule of exemptions as provided in subsection (a) of this section. (2) The term "net wages", as used in this subsection, shall mean gross wages less the deductions actually withheld by the employer for Arkansas income tax, federal income tax, social security, group retirement, and group hospitalization insurance premiums and group life insurance premiums.

(1) The first twenty-five dollars ($25.00) per week of the net wages of all laborers and mechanics shall be absolutely exempt from garnishment or other legal process without the necessity of the laborer or mechanic filing a schedule of exemptions as provided in subsection (a) of this section.

(2) The term "net wages", as used in this subsection, shall mean gross wages less the deductions actually withheld by the employer for Arkansas income tax, federal income tax, social security, group retirement, and group hospitalization insurance premiums and group life insurance premiums.

(c) Any officer violating the provisions of this section shall be subject to the fines and penalty mentioned in § 16-66-214 .

Acts 1875 (Adj. Sess.), No. 23, § 1, p. 24; 1909, No. 195, § 1, p. 574; C. & M. Dig., § 5546; Pope's Dig., § 7185; Acts 1951, No. 301, § 3; 1953, No. 164, § 1; 1967, No. 65, § 1; A.S.A. 1947, § 30-207.
Ark. Code Ann. § 16-112-109 — AR Code / Title 16 / Chapter 112 / Subchapter 1 / Section 16-112-109
Information relating to commitment
Status: in_force

(a) When the party for whose relief a writ of habeas corpus has been issued shall stand committed for any criminal or supposed criminal matter, it shall be the duty of the officer or person upon whom the writ is served to bring with the writ all and every examination and information in his or her hands, possession, custody, or charge, relating to the commitment. (b) If no examination shall accompany the commitment nor be in the possession of the officer having the prisoner in custody, the officer shall exhibit the habeas corpus, when served on him or her, to the judge or magistrate by whom the prisoner was committed or the clerk of the court if the papers are in his or her office. It shall be the duty of the judge, magistrate, or clerk to deliver to the officer having the custody of the prisoner the examinations and proofs relating to the offense charged to be returned by the officer with the writ. (c) If no examination has been filed with the commitment or in the office of the clerk and none is produced by the committing judge or magistrate upon the exhibition of the writ of habeas corpus to him or her, as provided in subsection (b) of this section, the judge or magistrate shall appear in person at the time and place to which the writ is returnable and, if he or she fails to do so, may be proceeded against by attachment. Rev. Stat. ch. 73, art. 2, §§ 15-17; C. & M. Dig., §§ 5104-5106; Pope's Dig., §§ 6367-6369; A.S.A. 1947, §§ 34-1720 -- 34-1722; Acts 2005, No. 1994, § 282.

(a) When the party for whose relief a writ of habeas corpus has been issued shall stand committed for any criminal or supposed criminal matter, it shall be the duty of the officer or person upon whom the writ is served to bring with the writ all and every examination and information in his or her hands, possession, custody, or charge, relating to the commitment.

(b) If no examination shall accompany the commitment nor be in the possession of the officer having the prisoner in custody, the officer shall exhibit the habeas corpus, when served on him or her, to the judge or magistrate by whom the prisoner was committed or the clerk of the court if the papers are in his or her office. It shall be the duty of the judge, magistrate, or clerk to deliver to the officer having the custody of the prisoner the examinations and proofs relating to the offense charged to be returned by the officer with the writ.

(c) If no examination has been filed with the commitment or in the office of the clerk and none is produced by the committing judge or magistrate upon the exhibition of the writ of habeas corpus to him or her, as provided in subsection (b) of this section, the judge or magistrate shall appear in person at the time and place to which the writ is returnable and, if he or she fails to do so, may be proceeded against by attachment.

Rev. Stat. ch. 73, art. 2, §§ 15-17; C. & M. Dig., §§ 5104-5106; Pope's Dig., §§ 6367-6369; A.S.A. 1947, §§ 34-1720 -- 34-1722; Acts 2005, No. 1994, § 282.
Ark. Code Ann. § 16-67-326 — AR Code / Title 16 / Chapter 67 / Subchapter 3 / Section 16-67-326
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1148,§ 55, eff. 8/16/2013. Civil Code, §§ 884, 887; Acts 1873, No. 88, § 1[884], p. 213; 1891, No. 159, § 1, p. 280; C. & M. Dig., §§ 2172, 2175; Pope's Dig., §§ 2781, 2784; A.S.A. 1947, §§ 27-2148, 27-2149.

Repealed by Act 2013, No. 1148,§ 55, eff. 8/16/2013.

Civil Code, §§ 884, 887; Acts 1873, No. 88, § 1[884], p. 213; 1891, No. 159, § 1, p. 280; C. & M. Dig., §§ 2172, 2175; Pope's Dig., §§ 2781, 2784; A.S.A. 1947, §§ 27-2148, 27-2149.
Ark. Code Ann. § 16-3-106 — AR Code / Title 16 / Chapter 3 / Section 16-3-106
Authorized publications - Newspapers of general circulation
Status: in_force

All statutes requiring publication of legal notices by insertions in newspapers published either in the applicable town or county, and also requiring general circulation of the newspapers in the town or county, may be complied with, if no such newspaper is actually published in the town or county, by publication in a newspaper having general circulation in the town or county, irrespective of whether the newspaper is published and printed in the town or county or outside the boundaries of the State of Arkansas. Acts 1979, No. 18, § 1; A.S.A. 1947, § 15-116.

All statutes requiring publication of legal notices by insertions in newspapers published either in the applicable town or county, and also requiring general circulation of the newspapers in the town or county, may be complied with, if no such newspaper is actually published in the town or county, by publication in a newspaper having general circulation in the town or county, irrespective of whether the newspaper is published and printed in the town or county or outside the boundaries of the State of Arkansas.

Acts 1979, No. 18, § 1; A.S.A. 1947, § 15-116.
Ark. Code Ann. § 16-93-1703 — AR Code / Title 16 / Chapter 93 / Subchapter 17 / Section 16-93-1703
Grant uses - Definition
Status: in_force

(a) A grant awarded under this subchapter shall be used by the grantee to establish probation programs that: (1) Identify probationers for enrollment in the probation program, through, among other tools, a validated risk-needs assessment tool, who are: (A) Serving a term of probation; (B) At high risk of failing to observe the conditions of supervision; and (C) At high risk of being returned to incarceration as a result of that failure; (2) Notify probationers of the rules of the probation program, and consequences for violating those rules; (3) Monitor probationers for illicit drug use with regular and rapid-result drug screening; (4) Monitor probationers for violations of other rules and probation terms, including failure to pay court-ordered financial obligations such as child support or victim restitution; (5) Respond to violations of those rules with immediate arrest of the violating probationer and swift and certain modification of the conditions of probation, including imposition of short jail stays; (6) Immediately respond to probationers who have absconded from supervision with service of bench warrants and immediate sanctions; (7) (A) Provide rewards to probationers who comply with those rules. (B) Rewards shall include without limitation: (i) Reduced reporting requirements; (ii) Less frequent drug testing; (iii) Certificates of achievement; (iv) Other rewards as determined by the locality; and (v) Early termination of the sentence; (8) Ensure funding for and referral to substance abuse treatment for probationers who repeatedly fail to refrain from illicit drug use; (9) Establish procedures to terminate probation program participation by and initiate revocation to a term of incarceration for probationers who habitually fail to abide by probation program rules and pose a threat to public safety; and (10) Include regular coordination meetings for key partners of the probation program, including the partners identified under § 16-93-1702(b)(5) . (b) As used in this section, "validated risk-needs assessment" means a determination of a person's risk to reoffend and the needs that, when addressed, reduce the risk to reoffend through the use of an actuarial assessment tool that assesses the dynamic and static factors that drive criminal behavior. Acts 2011, No. 570, § 110.

(a) A grant awarded under this subchapter shall be used by the grantee to establish probation programs that: (1) Identify probationers for enrollment in the probation program, through, among other tools, a validated risk-needs assessment tool, who are: (A) Serving a term of probation; (B) At high risk of failing to observe the conditions of supervision; and (C) At high risk of being returned to incarceration as a result of that failure; (2) Notify probationers of the rules of the probation program, and consequences for violating those rules; (3) Monitor probationers for illicit drug use with regular and rapid-result drug screening; (4) Monitor probationers for violations of other rules and probation terms, including failure to pay court-ordered financial obligations such as child support or victim restitution; (5) Respond to violations of those rules with immediate arrest of the violating probationer and swift and certain modification of the conditions of probation, including imposition of short jail stays; (6) Immediately respond to probationers who have absconded from supervision with service of bench warrants and immediate sanctions; (7) (A) Provide rewards to probationers who comply with those rules. (B) Rewards shall include without limitation: (i) Reduced reporting requirements; (ii) Less frequent drug testing; (iii) Certificates of achievement; (iv) Other rewards as determined by the locality; and (v) Early termination of the sentence; (8) Ensure funding for and referral to substance abuse treatment for probationers who repeatedly fail to refrain from illicit drug use; (9) Establish procedures to terminate probation program participation by and initiate revocation to a term of incarceration for probationers who habitually fail to abide by probation program rules and pose a threat to public safety; and (10) Include regular coordination meetings for key partners of the probation program, including the partners identified under § 16-93-1702(b)(5) .

(1) Identify probationers for enrollment in the probation program, through, among other tools, a validated risk-needs assessment tool, who are: (A) Serving a term of probation; (B) At high risk of failing to observe the conditions of supervision; and (C) At high risk of being returned to incarceration as a result of that failure;

(A) Serving a term of probation;

(B) At high risk of failing to observe the conditions of supervision; and

(C) At high risk of being returned to incarceration as a result of that failure;

(2) Notify probationers of the rules of the probation program, and consequences for violating those rules;

(3) Monitor probationers for illicit drug use with regular and rapid-result drug screening;

(4) Monitor probationers for violations of other rules and probation terms, including failure to pay court-ordered financial obligations such as child support or victim restitution;

(5) Respond to violations of those rules with immediate arrest of the violating probationer and swift and certain modification of the conditions of probation, including imposition of short jail stays;

(6) Immediately respond to probationers who have absconded from supervision with service of bench warrants and immediate sanctions;

(7) (A) Provide rewards to probationers who comply with those rules. (B) Rewards shall include without limitation: (i) Reduced reporting requirements; (ii) Less frequent drug testing; (iii) Certificates of achievement; (iv) Other rewards as determined by the locality; and (v) Early termination of the sentence;

(A) Provide rewards to probationers who comply with those rules.

(B) Rewards shall include without limitation: (i) Reduced reporting requirements; (ii) Less frequent drug testing; (iii) Certificates of achievement; (iv) Other rewards as determined by the locality; and (v) Early termination of the sentence;

(i) Reduced reporting requirements;

(ii) Less frequent drug testing;

(iii) Certificates of achievement;

(iv) Other rewards as determined by the locality; and

(v) Early termination of the sentence;

(8) Ensure funding for and referral to substance abuse treatment for probationers who repeatedly fail to refrain from illicit drug use;

(9) Establish procedures to terminate probation program participation by and initiate revocation to a term of incarceration for probationers who habitually fail to abide by probation program rules and pose a threat to public safety; and

(10) Include regular coordination meetings for key partners of the probation program, including the partners identified under § 16-93-1702(b)(5) .

(b) As used in this section, "validated risk-needs assessment" means a determination of a person's risk to reoffend and the needs that, when addressed, reduce the risk to reoffend through the use of an actuarial assessment tool that assesses the dynamic and static factors that drive criminal behavior.

Acts 2011, No. 570, § 110.
Ark. Code Ann. § 16-84-115 — AR Code / Title 16 / Chapter 84 / Subchapter 1 / Section 16-84-115
Deposit of money in lieu of bail
Status: in_force

Notwithstanding any rule of criminal procedure to the contrary: (1) (A) Whenever the defendant is admitted to bail in a specified sum, he or she may deposit the sum with the proper city or county official in the city or county in which the trial is directed to be had and take from the official a receipt of the deposit, upon delivering which to the officer in whose custody he or she is, he or she shall be discharged. (B) After bail has been taken, a deposit may in like manner be made of the sum mentioned in the bail bond, which shall exonerate the surety. (2) Where money is deposited, the proper city or county official shall hold and pay the money according to the orders of the court having jurisdiction to try the offense, and he or she and his or her sureties shall be liable for the money on their official bond. (3) Upon judgment being rendered against a defendant for fine and costs, the court rendering judgment may order any money deposited agreeably to this section to be applied to the payment thereof. This subdivision (a)(3) shall not apply to a bail bond of a bail bondsman. (4) The mayor shall designate the city official or officials who may accept a deposit of money in lieu of bail, and the county judge shall designate the county official or officials authorized to accept a deposit of money in lieu of bail. Acts 1989, No. 417, § 5; 1991, No. 720, § 1.

Notwithstanding any rule of criminal procedure to the contrary:

(1) (A) Whenever the defendant is admitted to bail in a specified sum, he or she may deposit the sum with the proper city or county official in the city or county in which the trial is directed to be had and take from the official a receipt of the deposit, upon delivering which to the officer in whose custody he or she is, he or she shall be discharged. (B) After bail has been taken, a deposit may in like manner be made of the sum mentioned in the bail bond, which shall exonerate the surety.

(A) Whenever the defendant is admitted to bail in a specified sum, he or she may deposit the sum with the proper city or county official in the city or county in which the trial is directed to be had and take from the official a receipt of the deposit, upon delivering which to the officer in whose custody he or she is, he or she shall be discharged.

(B) After bail has been taken, a deposit may in like manner be made of the sum mentioned in the bail bond, which shall exonerate the surety.

(2) Where money is deposited, the proper city or county official shall hold and pay the money according to the orders of the court having jurisdiction to try the offense, and he or she and his or her sureties shall be liable for the money on their official bond.

(3) Upon judgment being rendered against a defendant for fine and costs, the court rendering judgment may order any money deposited agreeably to this section to be applied to the payment thereof. This subdivision (a)(3) shall not apply to a bail bond of a bail bondsman.

(4) The mayor shall designate the city official or officials who may accept a deposit of money in lieu of bail, and the county judge shall designate the county official or officials authorized to accept a deposit of money in lieu of bail.

Acts 1989, No. 417, § 5; 1991, No. 720, § 1.
Ark. Code Ann. § 16-107-203 — AR Code / Title 16 / Chapter 107 / Subchapter 2 / Section 16-107-203
Breach of condition other than to pay money
Status: in_force

(a) When an action shall be prosecuted in any court of law, upon any bond for the breach of any condition other than for payment of money, or shall be prosecuted for any penal sum for the nonperformance of any covenant or written agreement, the plaintiff in his or her complaint shall assign the specific breaches for which the action is brought. (b) Upon the trial of the action, if the jury finds that any assignment of the breaches is true, they shall assess the damages occasioned by the breach, in addition to their finding. (c) If, in the action, the plaintiff shall obtain judgment upon demurrer, by confession or default, the court shall make an order therein that the truth of the breaches assigned be inquired into and the damages sustained thereby assessed, at the same or the next term, and the court shall proceed thereon in the same manner as in other cases of inquiry of damages. (d) In every action, if the plaintiff recovers, the verdict assessing the damages shall be entered on the record, and judgment shall be entered for the penalty of the bond, or for the penal sum forfeited, together with costs of suit, and with a further judgment that the plaintiff have execution for the damages so assessed, which damages shall be specified in the judgment. (e) The execution on the judgment shall be in the usual form, reciting the recovery, and directing the county sheriff to levy the amount of damages so assessed, which amount shall be stated with interest thereon from the time of the assessment, and the costs of the suit. (f) (1) If the amount so directed to be levied shall be collected or otherwise paid or satisfied, the real and personal estate and body of the defendant shall be exonerated from further liability for the damages so assessed. (2) However, the judgment rendered for the penalty of the bond shall remain as a security for any damages that may be thereafter sustained by the further breach of any condition of the bond or the nonperformance of any other covenant or written agreement by the defendant, the performance of which was secured by the penal sum. Rev. Stat., ch. 112, §§ 5-10; C. & M. Dig., §§ 8167-8171; Pope's Dig., §§ 10598-10602; A.S.A. 1947, §§ 34-305 -- 34-310.

(a) When an action shall be prosecuted in any court of law, upon any bond for the breach of any condition other than for payment of money, or shall be prosecuted for any penal sum for the nonperformance of any covenant or written agreement, the plaintiff in his or her complaint shall assign the specific breaches for which the action is brought.

(b) Upon the trial of the action, if the jury finds that any assignment of the breaches is true, they shall assess the damages occasioned by the breach, in addition to their finding.

(c) If, in the action, the plaintiff shall obtain judgment upon demurrer, by confession or default, the court shall make an order therein that the truth of the breaches assigned be inquired into and the damages sustained thereby assessed, at the same or the next term, and the court shall proceed thereon in the same manner as in other cases of inquiry of damages.

(d) In every action, if the plaintiff recovers, the verdict assessing the damages shall be entered on the record, and judgment shall be entered for the penalty of the bond, or for the penal sum forfeited, together with costs of suit, and with a further judgment that the plaintiff have execution for the damages so assessed, which damages shall be specified in the judgment.

(e) The execution on the judgment shall be in the usual form, reciting the recovery, and directing the county sheriff to levy the amount of damages so assessed, which amount shall be stated with interest thereon from the time of the assessment, and the costs of the suit.

(f) (1) If the amount so directed to be levied shall be collected or otherwise paid or satisfied, the real and personal estate and body of the defendant shall be exonerated from further liability for the damages so assessed. (2) However, the judgment rendered for the penalty of the bond shall remain as a security for any damages that may be thereafter sustained by the further breach of any condition of the bond or the nonperformance of any other covenant or written agreement by the defendant, the performance of which was secured by the penal sum.

(1) If the amount so directed to be levied shall be collected or otherwise paid or satisfied, the real and personal estate and body of the defendant shall be exonerated from further liability for the damages so assessed.

(2) However, the judgment rendered for the penalty of the bond shall remain as a security for any damages that may be thereafter sustained by the further breach of any condition of the bond or the nonperformance of any other covenant or written agreement by the defendant, the performance of which was secured by the penal sum.

Rev. Stat., ch. 112, §§ 5-10; C. & M. Dig., §§ 8167-8171; Pope's Dig., §§ 10598-10602; A.S.A. 1947, §§ 34-305 -- 34-310.
Ark. Code Ann. § 16-110-403 — AR Code / Title 16 / Chapter 110 / Subchapter 4 / Section 16-110-403
Filing of interrogatories
Status: in_force

The plaintiff shall, on the day on which he or she sues out his writ of garnishment, prepare and file all the allegations and interrogatories, in writing, with the clerk or justice issuing the writ upon which he or she may be desirous of obtaining the answer of the garnishee touching the goods and chattels, moneys, credits, and effects of the defendant, and the value thereof, in his or her hands and possession, at the time of the service of the writ or at any time thereafter. Acts 1889, No. 115, § 3, p. 168; C. & M. Dig., § 4910; Pope's Dig., § 6123; A.S.A. 1947, § 31-505.

The plaintiff shall, on the day on which he or she sues out his writ of garnishment, prepare and file all the allegations and interrogatories, in writing, with the clerk or justice issuing the writ upon which he or she may be desirous of obtaining the answer of the garnishee touching the goods and chattels, moneys, credits, and effects of the defendant, and the value thereof, in his or her hands and possession, at the time of the service of the writ or at any time thereafter.

Acts 1889, No. 115, § 3, p. 168; C. & M. Dig., § 4910; Pope's Dig., § 6123; A.S.A. 1947, § 31-505.
Ark. Code Ann. § 16-13-1410 — AR Code / Title 16 / Chapter 13 / Subchapter 14 / Section 16-13-1410
Law clerks
Status: in_force

(a) (1) Each judge of the Sixth Judicial District may appoint a law clerk, who may also serve as master, who shall be a graduate of a law school approved by the State Board of Law Examiners. (2) Each law clerk shall serve at the discretion and under the direction of the judge. (b) (1) The powers and duties of the law clerks shall be to administer oaths and affirmations, to take acknowledgments, affidavits, and depositions, to serve as master, and to conduct pretrial and prejudgment hearings and recommendations for disposition to the circuit, chancery, or probate judge. (2) The law clerks may be assigned such additional duties at the discretion of the respective judges as are not inconsistent with the Constitution and laws of the State of Arkansas. (c) The salary of each law clerk for the Sixth Judicial District shall be set as follows: Item No. Title Years Experience Annual Salary 1 Law Clerk I 0-1 $24,000.00 2 Law Clerk II 1-2 24,666.66 3 Law Clerk III 2-3 25,333.32 4 Law Clerk IV 3-4 25,999.98 5 Law Clerk V 4-5 26,666.64 6 Law Clerk VI 5-6 27,333.30 7 Law Clerk VII 6-7 27,999.96 8 Law Clerk VIII 7-8 28,666.62 9 Law Clerk IX 8-9 29,333.28 10 Law Clerk X 9-10 29,999.94 (d) (1) The salary of each senior law clerk for the Sixth Judicial District previously set by this section and by county ordinance shall be amended to provide for an increase of the minimum salaries of four percent (4%) as of July 10, 1987; another increase of four percent (4%) beginning December 26, 1987; and another increase of four percent (4%) beginning December 24, 1988, unless a higher salary is provided by any other legislative act or county ordinance. (2) The salary of each junior law clerk for the Sixth Judicial District set by this section and by county ordinance shall be amended to provide for an increase of the minimum salaries of four percent (4%) as of July 10, 1987; another increase of four percent (4%) beginning December 26, 1987; and another increase of four percent (4%) beginning December 24, 1988, unless a higher salary is provided by any other legislative act or county ordinance. (3) All of the salaries shall be paid by Pulaski County. All of the salaries shall be paid bi-weekly by Pulaski County. (4) When the county quorum court raises salaries for county employees, it shall also raise salaries an equivalent amount for the employees provided for in this subsection. (5) The employees covered by this subsection shall be treated by Pulaski County in the same manner as other Pulaski County employees for all other purposes. Acts 1985, No. 336, §§ 1, 2; A.S.A. 1947, § 22-310n; Acts 1987, No. 344, §§ 1-3; 1989, No. 286, §§ 4, 7, 12-14.

(a) (1) Each judge of the Sixth Judicial District may appoint a law clerk, who may also serve as master, who shall be a graduate of a law school approved by the State Board of Law Examiners. (2) Each law clerk shall serve at the discretion and under the direction of the judge.

(1) Each judge of the Sixth Judicial District may appoint a law clerk, who may also serve as master, who shall be a graduate of a law school approved by the State Board of Law Examiners.

(2) Each law clerk shall serve at the discretion and under the direction of the judge.

(b) (1) The powers and duties of the law clerks shall be to administer oaths and affirmations, to take acknowledgments, affidavits, and depositions, to serve as master, and to conduct pretrial and prejudgment hearings and recommendations for disposition to the circuit, chancery, or probate judge. (2) The law clerks may be assigned such additional duties at the discretion of the respective judges as are not inconsistent with the Constitution and laws of the State of Arkansas.

(1) The powers and duties of the law clerks shall be to administer oaths and affirmations, to take acknowledgments, affidavits, and depositions, to serve as master, and to conduct pretrial and prejudgment hearings and recommendations for disposition to the circuit, chancery, or probate judge.

(2) The law clerks may be assigned such additional duties at the discretion of the respective judges as are not inconsistent with the Constitution and laws of the State of Arkansas.

(c) The salary of each law clerk for the Sixth Judicial District shall be set as follows: Item No. Title Years Experience Annual Salary 1 Law Clerk I 0-1 $24,000.00 2 Law Clerk II 1-2 24,666.66 3 Law Clerk III 2-3 25,333.32 4 Law Clerk IV 3-4 25,999.98 5 Law Clerk V 4-5 26,666.64 6 Law Clerk VI 5-6 27,333.30 7 Law Clerk VII 6-7 27,999.96 8 Law Clerk VIII 7-8 28,666.62 9 Law Clerk IX 8-9 29,333.28 10 Law Clerk X 9-10 29,999.94

Item No. Title Years Experience Annual Salary 1 Law Clerk I 0-1 $24,000.00 2 Law Clerk II 1-2 24,666.66 3 Law Clerk III 2-3 25,333.32 4 Law Clerk IV 3-4 25,999.98 5 Law Clerk V 4-5 26,666.64 6 Law Clerk VI 5-6 27,333.30 7 Law Clerk VII 6-7 27,999.96 8 Law Clerk VIII 7-8 28,666.62 9 Law Clerk IX 8-9 29,333.28 10 Law Clerk X 9-10 29,999.94

Item No.

Title

Years Experience

Annual Salary

1

Law Clerk I

0-1

$24,000.00

2

Law Clerk II

1-2

24,666.66

3

Law Clerk III

2-3

25,333.32

4

Law Clerk IV

3-4

25,999.98

5

Law Clerk V

4-5

26,666.64

6

Law Clerk VI

5-6

27,333.30

7

Law Clerk VII

6-7

27,999.96

8

Law Clerk VIII

7-8

28,666.62

9

Law Clerk IX

8-9

29,333.28

10

Law Clerk X

9-10

29,999.94

(d) (1) The salary of each senior law clerk for the Sixth Judicial District previously set by this section and by county ordinance shall be amended to provide for an increase of the minimum salaries of four percent (4%) as of July 10, 1987; another increase of four percent (4%) beginning December 26, 1987; and another increase of four percent (4%) beginning December 24, 1988, unless a higher salary is provided by any other legislative act or county ordinance. (2) The salary of each junior law clerk for the Sixth Judicial District set by this section and by county ordinance shall be amended to provide for an increase of the minimum salaries of four percent (4%) as of July 10, 1987; another increase of four percent (4%) beginning December 26, 1987; and another increase of four percent (4%) beginning December 24, 1988, unless a higher salary is provided by any other legislative act or county ordinance. (3) All of the salaries shall be paid by Pulaski County. All of the salaries shall be paid bi-weekly by Pulaski County. (4) When the county quorum court raises salaries for county employees, it shall also raise salaries an equivalent amount for the employees provided for in this subsection. (5) The employees covered by this subsection shall be treated by Pulaski County in the same manner as other Pulaski County employees for all other purposes.

(1) The salary of each senior law clerk for the Sixth Judicial District previously set by this section and by county ordinance shall be amended to provide for an increase of the minimum salaries of four percent (4%) as of July 10, 1987; another increase of four percent (4%) beginning December 26, 1987; and another increase of four percent (4%) beginning December 24, 1988, unless a higher salary is provided by any other legislative act or county ordinance.

(2) The salary of each junior law clerk for the Sixth Judicial District set by this section and by county ordinance shall be amended to provide for an increase of the minimum salaries of four percent (4%) as of July 10, 1987; another increase of four percent (4%) beginning December 26, 1987; and another increase of four percent (4%) beginning December 24, 1988, unless a higher salary is provided by any other legislative act or county ordinance.

(3) All of the salaries shall be paid by Pulaski County. All of the salaries shall be paid bi-weekly by Pulaski County.

(4) When the county quorum court raises salaries for county employees, it shall also raise salaries an equivalent amount for the employees provided for in this subsection.

(5) The employees covered by this subsection shall be treated by Pulaski County in the same manner as other Pulaski County employees for all other purposes.

Acts 1985, No. 336, §§ 1, 2; A.S.A. 1947, § 22-310n; Acts 1987, No. 344, §§ 1-3; 1989, No. 286, §§ 4, 7, 12-14.
Ark. Code Ann. § 16-13-1405 — AR Code / Title 16 / Chapter 13 / Subchapter 14 / Section 16-13-1405
Chancery court case coordinators
Status: in_force

(a) Each chancellor of the Sixth Judicial District may appoint one (1) case coordinator whose principal duties will be the maintenance of the court calendar, setting dates for trial of cases and for hearing of motions, and other related and incidental duties as directed by the chancellor, including, but not limited to, duties in the clerk's office. (b) The case coordinator shall receive an annual salary of not less than twelve thousand six hundred dollars ($12,600) nor more than the salary provided by law for the chancery court reporters of the Sixth Judicial District. (c) For the purposes of any retirement act or system, case coordinators shall be treated in the same manner and to the same effect as chancery court reporters. Acts 1979, No. 211, § 7; A.S.A. 1947, § 22-417.16.

(a) Each chancellor of the Sixth Judicial District may appoint one (1) case coordinator whose principal duties will be the maintenance of the court calendar, setting dates for trial of cases and for hearing of motions, and other related and incidental duties as directed by the chancellor, including, but not limited to, duties in the clerk's office.

(b) The case coordinator shall receive an annual salary of not less than twelve thousand six hundred dollars ($12,600) nor more than the salary provided by law for the chancery court reporters of the Sixth Judicial District.

(c) For the purposes of any retirement act or system, case coordinators shall be treated in the same manner and to the same effect as chancery court reporters.

Acts 1979, No. 211, § 7; A.S.A. 1947, § 22-417.16.
Ark. Code Ann. § 16-17-901 — AR Code / Title 16 / Chapter 17 / Subchapter 9 / Section 16-17-901
Definitions
Status: in_force

As used in this subchapter, unless the context otherwise requires: (1) "Department" means the physical location where sessions of district court are held; and (2) "Division" means the subject matter division of the district court. Amended by Act 2017, No. 723,§ 1, eff. 8/1/2017. Acts 2003, No. 1727, § 1.

As used in this subchapter, unless the context otherwise requires:

(1) "Department" means the physical location where sessions of district court are held; and

(2) "Division" means the subject matter division of the district court.

Amended by Act 2017, No. 723,§ 1, eff. 8/1/2017.

Acts 2003, No. 1727, § 1.
Ark. Code Ann. § 16-10-305 — AR Code / Title 16 / Chapter 10 / Subchapter 3 / Section 16-10-305
Court costs
Status: in_force

(a) There shall be levied and collected the following court costs from each defendant upon each conviction, each plea of guilty or nolo contendere, or each forfeiture of bond: (1) In circuit court, one hundred fifty dollars ($150) for a misdemeanor or felony violation of state law, excluding a violation of: (A) The Omnibus DWI or BWI Act, § 5-65-101 et seq.; (B) The Underage DUI or BUI Law, § 5-65-301 et seq.; (C) Section 5-75-101 et seq.; (D) Section 27-23-114 ; (E) Section 15-42-127 ; or (F) Section 27-37-701 et seq.; (2) In district court, one hundred dollars ($100) for an offense that is a misdemeanor or violation of state law, excluding a violation of: (A) The Omnibus DWI or BWI Act, § 5-65-101 et seq.; (B) The Underage DUI or BUI Law, § 5-65-301 et seq.; (C) Section 5-75-101 et seq.; (D) Section 27-23-114 ; (E) Section 15-42-127 ; or (F) Section 27-37-701 et seq.; (3) In circuit court or district court, seventy-five dollars ($75.00) for a traffic offense that is a misdemeanor or violation under state law or local ordinance, excluding a violation of: (A) The Omnibus DWI or BWI Act, § 5-65-101 et seq.; (B) The Underage DUI or BUI Law, § 5-65-301 et seq.; (C) Section 5-75-101 et seq.; (D) Section 27-23-114 ; (E) Section 15-42-127 ; or (F) Section 27-37-701 et seq.; (4) In district court, for a nontraffic offense that is a misdemeanor or violation under local ordinance, twenty-five dollars ($25.00); (5) In circuit court or district court, three hundred dollars ($300) for violations of: (A) The Omnibus DWI or BWI Act, § 5-65-101 et seq.; (B) The Underage DUI or BUI Law, § 5-65-301 et seq.; (C) Section 5-75-101 et seq.; (D) Section 27-23-114 ; or (E) Section 15-42-127 ; (6) (A) In circuit court or district court, twenty-five dollars ($25.00) for a violation of the mandatory seat belt use law, § 27-37-701 et seq. (B) A defendant is not required to pay the court costs under subdivision (a)(6)(A) of this section if he or she pays the applicable fines under §§ 27-37-706 and 16-17-129 before his or her first appearance and shall not be assessed any additional court costs associated with the violation; and (7) In circuit court or district court, twenty-five dollars ($25.00) for failure to present proof of insurance at the time of a traffic stop, §§ 27-22-103 , 27-22-104 , and 27-22-111 . (b) (1) The costs set forth in this section shall be imposed at the conclusion of any criminal case enumerated in subsection (a) of this section that does not end in an acquittal, dismissal, or, with the consent of the prosecution, an order nolle prosequi. (2) The costs shall be imposed at the conclusion of cases involving a suspended or probated sentence even though that sentence may be expunged or otherwise removed from the defendant's record. (c) No county, city, or town shall be liable for the payment of the costs taxed under this section in any instance where they are not collected, or in any case in which the defendant pays the costs by serving time in a jail, on a county farm, or at any other official place of detention or work. (d) No town, city, or county shall authorize and no district court or circuit court shall assess or collect any other court costs other than those authorized by this act, unless specifically provided by state law. (e) [Repealed.] (f) [Repealed.] (g) For each conviction for an offense under § 5-26-301 et seq., an additional court cost of twenty-five dollars ($25.00) shall be assessed and remitted to the Administration of Justice Funds Section by the court clerk for deposit into the Domestic Peace Fund, § 19-6-491 . (h) (1) An additional court cost of twenty-five dollars ($25.00) shall be assessed and remitted to the Administration of Justice Funds Section by the court clerk or designee under § 16-13-709(a) for deposit as special revenues into the Domestic Violence Shelter Fund if a person is convicted of a domestic abuse offense or is the respondent on a permanent order of protection entered by a court under the Domestic Abuse Act of 1991, § 9-15-101 et seq. (2) When a convicted person is authorized to make installment payments under § 16-13-704 , the court cost assessed under subdivision (h)(1) of this section shall be collected from the initial installment payment first. (3) The court clerk or designee under § 16-13-709(a) shall disburse all court costs collected each month under subdivision (h)(1) of this section to the Administration of Justice Funds Section by the fifteenth working day of the following month. Amended by Act 2021, No. 475,§ 5, eff. 7/28/2021. Amended by Act 2019, No. 743,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 113,§ 1, eff. 7/24/2019. Amended by Act 2017, No. 583,§ 3, eff. 8/1/2017. Amended by Act 2015, No. 299,§ 21, eff. 7/22/2015. Amended by Act 2015, No. 299,§ 20, eff. 7/22/2015. Amended by Act 2015, No. 299,§ 19, eff. 7/22/2015. Amended by Act 2015, No. 299,§ 18, eff. 7/22/2015. Amended by Act 2013, No. 1357,§ 1, eff. 8/16/2013. Amended by Act 2013, No. 1107,§ 12, eff. 8/16/2013. Amended by Act 2013, No. 282,§ 4, eff. 3/6/2013. Acts 1995, No. 1256, § 7; 1997, No. 788, § 4; 1997, No. 1341, § 4; 1999, No. 1081, §§ 3, 12; 1999, No. 1508, § 7; 2001, No. 1632, § 1; 2003, No. 1185, § 49; 2007, No. 663, § 25; 2011, No. 730, § 4; 2011, No. 1218, § 1.

(a) There shall be levied and collected the following court costs from each defendant upon each conviction, each plea of guilty or nolo contendere, or each forfeiture of bond: (1) In circuit court, one hundred fifty dollars ($150) for a misdemeanor or felony violation of state law, excluding a violation of: (A) The Omnibus DWI or BWI Act, § 5-65-101 et seq.; (B) The Underage DUI or BUI Law, § 5-65-301 et seq.; (C) Section 5-75-101 et seq.; (D) Section 27-23-114 ; (E) Section 15-42-127 ; or (F) Section 27-37-701 et seq.; (2) In district court, one hundred dollars ($100) for an offense that is a misdemeanor or violation of state law, excluding a violation of: (A) The Omnibus DWI or BWI Act, § 5-65-101 et seq.; (B) The Underage DUI or BUI Law, § 5-65-301 et seq.; (C) Section 5-75-101 et seq.; (D) Section 27-23-114 ; (E) Section 15-42-127 ; or (F) Section 27-37-701 et seq.; (3) In circuit court or district court, seventy-five dollars ($75.00) for a traffic offense that is a misdemeanor or violation under state law or local ordinance, excluding a violation of: (A) The Omnibus DWI or BWI Act, § 5-65-101 et seq.; (B) The Underage DUI or BUI Law, § 5-65-301 et seq.; (C) Section 5-75-101 et seq.; (D) Section 27-23-114 ; (E) Section 15-42-127 ; or (F) Section 27-37-701 et seq.; (4) In district court, for a nontraffic offense that is a misdemeanor or violation under local ordinance, twenty-five dollars ($25.00); (5) In circuit court or district court, three hundred dollars ($300) for violations of: (A) The Omnibus DWI or BWI Act, § 5-65-101 et seq.; (B) The Underage DUI or BUI Law, § 5-65-301 et seq.; (C) Section 5-75-101 et seq.; (D) Section 27-23-114 ; or (E) Section 15-42-127 ; (6) (A) In circuit court or district court, twenty-five dollars ($25.00) for a violation of the mandatory seat belt use law, § 27-37-701 et seq. (B) A defendant is not required to pay the court costs under subdivision (a)(6)(A) of this section if he or she pays the applicable fines under §§ 27-37-706 and 16-17-129 before his or her first appearance and shall not be assessed any additional court costs associated with the violation; and (7) In circuit court or district court, twenty-five dollars ($25.00) for failure to present proof of insurance at the time of a traffic stop, §§ 27-22-103 , 27-22-104 , and 27-22-111 .

(1) In circuit court, one hundred fifty dollars ($150) for a misdemeanor or felony violation of state law, excluding a violation of: (A) The Omnibus DWI or BWI Act, § 5-65-101 et seq.; (B) The Underage DUI or BUI Law, § 5-65-301 et seq.; (C) Section 5-75-101 et seq.; (D) Section 27-23-114 ; (E) Section 15-42-127 ; or (F) Section 27-37-701 et seq.;

(A) The Omnibus DWI or BWI Act, § 5-65-101 et seq.;

(B) The Underage DUI or BUI Law, § 5-65-301 et seq.;

(C) Section 5-75-101 et seq.;

(D) Section 27-23-114 ;

(E) Section 15-42-127 ; or

(F) Section 27-37-701 et seq.;

(2) In district court, one hundred dollars ($100) for an offense that is a misdemeanor or violation of state law, excluding a violation of: (A) The Omnibus DWI or BWI Act, § 5-65-101 et seq.; (B) The Underage DUI or BUI Law, § 5-65-301 et seq.; (C) Section 5-75-101 et seq.; (D) Section 27-23-114 ; (E) Section 15-42-127 ; or (F) Section 27-37-701 et seq.;

(A) The Omnibus DWI or BWI Act, § 5-65-101 et seq.;

(B) The Underage DUI or BUI Law, § 5-65-301 et seq.;

(C) Section 5-75-101 et seq.;

(D) Section 27-23-114 ;

(E) Section 15-42-127 ; or

(F) Section 27-37-701 et seq.;

(3) In circuit court or district court, seventy-five dollars ($75.00) for a traffic offense that is a misdemeanor or violation under state law or local ordinance, excluding a violation of: (A) The Omnibus DWI or BWI Act, § 5-65-101 et seq.; (B) The Underage DUI or BUI Law, § 5-65-301 et seq.; (C) Section 5-75-101 et seq.; (D) Section 27-23-114 ; (E) Section 15-42-127 ; or (F) Section 27-37-701 et seq.;

(A) The Omnibus DWI or BWI Act, § 5-65-101 et seq.;

(B) The Underage DUI or BUI Law, § 5-65-301 et seq.;

(C) Section 5-75-101 et seq.;

(D) Section 27-23-114 ;

(E) Section 15-42-127 ; or

(F) Section 27-37-701 et seq.;

(4) In district court, for a nontraffic offense that is a misdemeanor or violation under local ordinance, twenty-five dollars ($25.00);

(5) In circuit court or district court, three hundred dollars ($300) for violations of: (A) The Omnibus DWI or BWI Act, § 5-65-101 et seq.; (B) The Underage DUI or BUI Law, § 5-65-301 et seq.; (C) Section 5-75-101 et seq.; (D) Section 27-23-114 ; or (E) Section 15-42-127 ;

(A) The Omnibus DWI or BWI Act, § 5-65-101 et seq.;

(B) The Underage DUI or BUI Law, § 5-65-301 et seq.;

(C) Section 5-75-101 et seq.;

(D) Section 27-23-114 ; or

(E) Section 15-42-127 ;

(6) (A) In circuit court or district court, twenty-five dollars ($25.00) for a violation of the mandatory seat belt use law, § 27-37-701 et seq. (B) A defendant is not required to pay the court costs under subdivision (a)(6)(A) of this section if he or she pays the applicable fines under §§ 27-37-706 and 16-17-129 before his or her first appearance and shall not be assessed any additional court costs associated with the violation; and

(A) In circuit court or district court, twenty-five dollars ($25.00) for a violation of the mandatory seat belt use law, § 27-37-701 et seq.

(B) A defendant is not required to pay the court costs under subdivision (a)(6)(A) of this section if he or she pays the applicable fines under §§ 27-37-706 and 16-17-129 before his or her first appearance and shall not be assessed any additional court costs associated with the violation; and

(7) In circuit court or district court, twenty-five dollars ($25.00) for failure to present proof of insurance at the time of a traffic stop, §§ 27-22-103 , 27-22-104 , and 27-22-111 .

(b) (1) The costs set forth in this section shall be imposed at the conclusion of any criminal case enumerated in subsection (a) of this section that does not end in an acquittal, dismissal, or, with the consent of the prosecution, an order nolle prosequi. (2) The costs shall be imposed at the conclusion of cases involving a suspended or probated sentence even though that sentence may be expunged or otherwise removed from the defendant's record.

(1) The costs set forth in this section shall be imposed at the conclusion of any criminal case enumerated in subsection (a) of this section that does not end in an acquittal, dismissal, or, with the consent of the prosecution, an order nolle prosequi.

(2) The costs shall be imposed at the conclusion of cases involving a suspended or probated sentence even though that sentence may be expunged or otherwise removed from the defendant's record.

(c) No county, city, or town shall be liable for the payment of the costs taxed under this section in any instance where they are not collected, or in any case in which the defendant pays the costs by serving time in a jail, on a county farm, or at any other official place of detention or work.

(d) No town, city, or county shall authorize and no district court or circuit court shall assess or collect any other court costs other than those authorized by this act, unless specifically provided by state law.

(e) [Repealed.]

(f) [Repealed.]

(g) For each conviction for an offense under § 5-26-301 et seq., an additional court cost of twenty-five dollars ($25.00) shall be assessed and remitted to the Administration of Justice Funds Section by the court clerk for deposit into the Domestic Peace Fund, § 19-6-491 .

(h) (1) An additional court cost of twenty-five dollars ($25.00) shall be assessed and remitted to the Administration of Justice Funds Section by the court clerk or designee under § 16-13-709(a) for deposit as special revenues into the Domestic Violence Shelter Fund if a person is convicted of a domestic abuse offense or is the respondent on a permanent order of protection entered by a court under the Domestic Abuse Act of 1991, § 9-15-101 et seq. (2) When a convicted person is authorized to make installment payments under § 16-13-704 , the court cost assessed under subdivision (h)(1) of this section shall be collected from the initial installment payment first. (3) The court clerk or designee under § 16-13-709(a) shall disburse all court costs collected each month under subdivision (h)(1) of this section to the Administration of Justice Funds Section by the fifteenth working day of the following month.

(1) An additional court cost of twenty-five dollars ($25.00) shall be assessed and remitted to the Administration of Justice Funds Section by the court clerk or designee under § 16-13-709(a) for deposit as special revenues into the Domestic Violence Shelter Fund if a person is convicted of a domestic abuse offense or is the respondent on a permanent order of protection entered by a court under the Domestic Abuse Act of 1991, § 9-15-101 et seq.

(2) When a convicted person is authorized to make installment payments under § 16-13-704 , the court cost assessed under subdivision (h)(1) of this section shall be collected from the initial installment payment first.

(3) The court clerk or designee under § 16-13-709(a) shall disburse all court costs collected each month under subdivision (h)(1) of this section to the Administration of Justice Funds Section by the fifteenth working day of the following month.

Amended by Act 2021, No. 475,§ 5, eff. 7/28/2021.

Amended by Act 2019, No. 743,§ 1, eff. 7/24/2019.

Amended by Act 2019, No. 113,§ 1, eff. 7/24/2019.

Amended by Act 2017, No. 583,§ 3, eff. 8/1/2017.

Amended by Act 2015, No. 299,§ 21, eff. 7/22/2015.

Amended by Act 2015, No. 299,§ 20, eff. 7/22/2015.

Amended by Act 2015, No. 299,§ 19, eff. 7/22/2015.

Amended by Act 2015, No. 299,§ 18, eff. 7/22/2015.

Amended by Act 2013, No. 1357,§ 1, eff. 8/16/2013.

Amended by Act 2013, No. 1107,§ 12, eff. 8/16/2013.

Amended by Act 2013, No. 282,§ 4, eff. 3/6/2013.

Acts 1995, No. 1256, § 7; 1997, No. 788, § 4; 1997, No. 1341, § 4; 1999, No. 1081, §§ 3, 12; 1999, No. 1508, § 7; 2001, No. 1632, § 1; 2003, No. 1185, § 49; 2007, No. 663, § 25; 2011, No. 730, § 4; 2011, No. 1218, § 1.
Ark. Code Ann. § 16-87-303 — AR Code / Title 16 / Chapter 87 / Subchapter 3 / Section 16-87-303
Selection and qualifications of public defenders
Status: in_force

(a) Each person selected as a public defender shall be: (1) Licensed to practice law in the State of Arkansas; and (2) Experienced in the defense of criminal cases. (b) (1) Any person interested in being considered for appointment as a public defender in a judicial district shall submit his or her name to the Arkansas Public Defender Commission. (2) (A) The commission shall evaluate and submit up to three (3) names to the judges within the judicial district. (B) By majority vote, the judges will select one (1) of the candidates whose name was submitted by the commission as the public defender. (C) If one (1) of the candidates submitted does not receive a majority vote from the judges, then the commission shall select the public defender. (c) (1) The public defender in each judicial district shall be appointed for a term of two (2) years and shall be removed by the commission before the expiration of his or her term only for just cause. (2) Just cause for removal shall consist of permanent physical or mental disability seriously interfering with the performance of duties, willful misconduct in office, willful and persistent failure to perform public defender duties, habitual intemperance, or conduct prejudicial to the administration of justice. (d) The public defender shall be eligible for reappointment. (e) Vacancies in the office shall be filled in the same manner as the initial appointment. Acts 1997, No. 788, § 13; 1997, No. 1341, § 13; 2001, No. 1799, § 9.

(a) Each person selected as a public defender shall be: (1) Licensed to practice law in the State of Arkansas; and (2) Experienced in the defense of criminal cases.

(1) Licensed to practice law in the State of Arkansas; and

(2) Experienced in the defense of criminal cases.

(b) (1) Any person interested in being considered for appointment as a public defender in a judicial district shall submit his or her name to the Arkansas Public Defender Commission. (2) (A) The commission shall evaluate and submit up to three (3) names to the judges within the judicial district. (B) By majority vote, the judges will select one (1) of the candidates whose name was submitted by the commission as the public defender. (C) If one (1) of the candidates submitted does not receive a majority vote from the judges, then the commission shall select the public defender.

(1) Any person interested in being considered for appointment as a public defender in a judicial district shall submit his or her name to the Arkansas Public Defender Commission.

(2) (A) The commission shall evaluate and submit up to three (3) names to the judges within the judicial district. (B) By majority vote, the judges will select one (1) of the candidates whose name was submitted by the commission as the public defender. (C) If one (1) of the candidates submitted does not receive a majority vote from the judges, then the commission shall select the public defender.

(A) The commission shall evaluate and submit up to three (3) names to the judges within the judicial district.

(B) By majority vote, the judges will select one (1) of the candidates whose name was submitted by the commission as the public defender.

(C) If one (1) of the candidates submitted does not receive a majority vote from the judges, then the commission shall select the public defender.

(c) (1) The public defender in each judicial district shall be appointed for a term of two (2) years and shall be removed by the commission before the expiration of his or her term only for just cause. (2) Just cause for removal shall consist of permanent physical or mental disability seriously interfering with the performance of duties, willful misconduct in office, willful and persistent failure to perform public defender duties, habitual intemperance, or conduct prejudicial to the administration of justice.

(1) The public defender in each judicial district shall be appointed for a term of two (2) years and shall be removed by the commission before the expiration of his or her term only for just cause.

(2) Just cause for removal shall consist of permanent physical or mental disability seriously interfering with the performance of duties, willful misconduct in office, willful and persistent failure to perform public defender duties, habitual intemperance, or conduct prejudicial to the administration of justice.

(d) The public defender shall be eligible for reappointment.

(e) Vacancies in the office shall be filled in the same manner as the initial appointment.

Acts 1997, No. 788, § 13; 1997, No. 1341, § 13; 2001, No. 1799, § 9.
Ark. Code Ann. § 16-93-106 — AR Code / Title 16 / Chapter 93 / Subchapter 1 / Section 16-93-106
Warrantless search by any law enforcement officer of probationer, parolee, or person on post-release supervision
Status: in_force

(a) (1) A person who is placed on supervised probation or is released on parole or post-release supervision under this chapter is required to agree to a waiver as a condition of his or her supervised probation, parole, or post-release supervision that allows any certified law enforcement officer or Division of Community Correction officer to conduct a warrantless search of his or her person, place of residence, motor vehicle, or other real or personal property, including without limitation a cellular or electronic device under his or her control or possession, at any time, day or night, whenever requested by the certified law enforcement officer or division officer. (2) A warrantless search that is based on a waiver required by this section shall be conducted in a reasonable manner but does not need to be based on an articulable suspicion that the person is committing or has committed a criminal offense. (b) (1) A person who will be placed on supervised probation, parole, or post-release supervision and is required to agree to the waiver required by this section shall acknowledge and sign the waiver. (2) If the person fails to acknowledge and sign the waiver required by this section, he or she is ineligible to be placed on supervised probation, parole, or post-release supervision. (c) As used in this section, "residence" includes a garage or outbuilding on the property of a residence. Amended by Act 2023, No. 659,§ 154, eff. 1/1/2024. Amended by Act 2023, No. 659,§ 153, eff. 1/1/2024. Amended by Act 2019, No. 136,§ 1, eff. 7/24/2019. Added by Act 2015, No. 895,§ 19, eff. 4/1/2015.

(a) (1) A person who is placed on supervised probation or is released on parole or post-release supervision under this chapter is required to agree to a waiver as a condition of his or her supervised probation, parole, or post-release supervision that allows any certified law enforcement officer or Division of Community Correction officer to conduct a warrantless search of his or her person, place of residence, motor vehicle, or other real or personal property, including without limitation a cellular or electronic device under his or her control or possession, at any time, day or night, whenever requested by the certified law enforcement officer or division officer. (2) A warrantless search that is based on a waiver required by this section shall be conducted in a reasonable manner but does not need to be based on an articulable suspicion that the person is committing or has committed a criminal offense.

(1) A person who is placed on supervised probation or is released on parole or post-release supervision under this chapter is required to agree to a waiver as a condition of his or her supervised probation, parole, or post-release supervision that allows any certified law enforcement officer or Division of Community Correction officer to conduct a warrantless search of his or her person, place of residence, motor vehicle, or other real or personal property, including without limitation a cellular or electronic device under his or her control or possession, at any time, day or night, whenever requested by the certified law enforcement officer or division officer.

(2) A warrantless search that is based on a waiver required by this section shall be conducted in a reasonable manner but does not need to be based on an articulable suspicion that the person is committing or has committed a criminal offense.

(b) (1) A person who will be placed on supervised probation, parole, or post-release supervision and is required to agree to the waiver required by this section shall acknowledge and sign the waiver. (2) If the person fails to acknowledge and sign the waiver required by this section, he or she is ineligible to be placed on supervised probation, parole, or post-release supervision.

(1) A person who will be placed on supervised probation, parole, or post-release supervision and is required to agree to the waiver required by this section shall acknowledge and sign the waiver.

(2) If the person fails to acknowledge and sign the waiver required by this section, he or she is ineligible to be placed on supervised probation, parole, or post-release supervision.

(c) As used in this section, "residence" includes a garage or outbuilding on the property of a residence.

Amended by Act 2023, No. 659,§ 154, eff. 1/1/2024.

Amended by Act 2023, No. 659,§ 153, eff. 1/1/2024.

Amended by Act 2019, No. 136,§ 1, eff. 7/24/2019.

Added by Act 2015, No. 895,§ 19, eff. 4/1/2015.
Ark. Code Ann. § 16-65-107 — AR Code / Title 16 / Chapter 65 / Subchapter 1 / Section 16-65-107
Recital of notice
Status: in_force

In all cases where it appears from a recital in the records of any court that actual or constructive notice was given, it shall be evidence of that fact. Acts 1859, No. 147, § 2, p. 172; C. & M. Dig., § 6239; Pope's Dig., § 8195; A.S.A. 1947, § 29-108.

In all cases where it appears from a recital in the records of any court that actual or constructive notice was given, it shall be evidence of that fact.

Acts 1859, No. 147, § 2, p. 172; C. & M. Dig., § 6239; Pope's Dig., § 8195; A.S.A. 1947, § 29-108.
Ark. Code Ann. § 16-21-1202 — AR Code / Title 16 / Chapter 21 / Subchapter 12 / Section 16-21-1202
Operating expenses - Staff
Status: in_force

(a) The office of the Prosecuting Attorney of the Seventh Judicial District shall receive not less than a contingent expense reimbursement for the expenses of the office including, but not limited to, maintenance and operation, capital outlay, office supplies, telephone, postage, copying, insurance, and library in the following amounts to be borne by the respective counties of the of the Seventh Judicial District: (1) Saline County ............... $47,359; (2) Grant County ............... $14,800; and (3) Hot Spring County ............... $5,000. (b) The counties shall pay the authorized annual amounts in equal quarterly installments from the county general fund of the respective counties and the checks shall be made payable to the office of the prosecuting attorney. Disbursements shall be made by the prosecuting attorney for the necessary expenses of the office based upon adequate documentation. (c) The prosecuting attorney or deputies may also be allowed additional expenses upon appropriation of the quorum court and approval of the county judge. (d) The Prosecuting Attorney of the Seventh Judicial District shall be entitled to the following assistants and employees: (1) One (1) chief deputy prosecuting attorney for Saline County, whose salary shall not be less than forty-six thousand two hundred dollars ($46,200) per annum. The salary is to be paid in accordance with the pay periods and payroll policy for county employees of Saline County. In addition to the salary, social security, matching retirement, insurance, and all related salary expenses shall be paid by Saline County; (2) Two (2) deputy prosecuting attorneys for Saline County, whose salary shall not be less than forty thousand seven hundred ninety-six dollars ($40,796) per annum. The salary is to be paid in accordance with the pay periods and payroll policy for county employees of Saline County. In addition to the salary, social security, matching retirement, insurance, and all related salary expenses shall be paid by Saline County; (3) One (1) deputy prosecuting attorney for Saline County, whose salary shall not be less than thirty-five thousand dollars ($35,000) per annum. The salary is to be paid in accordance with the pay periods and payroll policy for county employees of Saline County. In addition to the salary, social security, matching retirement, insurance, and all related salary expenses shall be paid by Saline County; (4) One (1) deputy prosecuting attorney for Saline County, whose salary shall not be less than ten thousand dollars ($10,000) per annum. The salary is to be paid in accordance with the pay periods and payroll policy for county employees of Saline County. In addition to the salary, social security, matching retirement, insurance, and all related salary expenses may be paid by Saline County. This deputy prosecuting attorney shall be allowed to engage in private practice; (5) One (1) deputy prosecuting attorney for child support cases for Saline County, whose salary shall not be less than eighteen thousand five hundred sixty-eight dollars ($18,568) per annum. The salary is to be paid in accordance with the pay periods and payroll policy for county employees of Saline County. In addition to the salary, social security, matching retirement, insurance, and all related salary expenses may be paid by Saline County. This deputy prosecuting attorney shall be allowed to engage in private practice; (6) One (1) victim/witness director for Saline County, whose salary shall not be less than twenty-four thousand five hundred forty-eight dollars ($24,548) per annum. The salary is to be paid in accordance with the pay periods and payroll policy of Saline County. In addition to the salary, social security, matching retirement, insurance, and all related salary expenses shall be paid by Saline County; (7) One (1) victim/witness coordinator for Saline County, whose salary shall not be less than twenty thousand three hundred eleven dollars ($20,311) per annum. The salary is to be paid in accordance with the pay periods and payroll policy of Saline County. In addition to the salary, social security, matching retirement, insurance, and all related salary expenses shall be paid by Saline County; (8) One (1) office manager for Saline County, whose salary shall not be less than eighteen thousand three hundred seventy dollars ($18,370) per annum. The salary is to be paid in accordance with the pay periods and payroll policy of Saline County. In addition to the salary, social security, matching retirement, insurance, and all related salary expenses shall be paid by Saline County; (9) One (1) hot check coordinator for Saline County, whose salary shall not be less than eighteen thousand nine hundred sixty-one dollars ($18,961) per annum. The salary is to be paid in accordance with the pay periods and payroll policy of Saline County. In addition to the salary, social security, matching retirement, insurance, and all related salary expenses shall be paid by Saline County; (10) Two (2) secretaries for Saline County, whose salaries shall not be less than fourteen thousand seven hundred dollars ($14,700) per annum. The salary is to be paid in accordance with the pay periods and payroll policy of Saline County. In addition to the salary, social security, matching retirement, insurance, and all related salary expenses shall be paid by Saline County; (11) One (1) deputy prosecuting attorney for Hot Spring County, whose salary shall not be less than fourteen thousand seven hundred ninety dollars ($14,790) per annum. The salary is to be paid in accordance with the pay periods and payroll policy for county employees of Hot Spring County. In addition to the salary, social security, matching retirement, insurance, and all related salary expenses may be paid by Hot Spring County. This deputy prosecuting attorney shall be allowed to engage in private practice; (12) One (1) deputy prosecuting attorney for child support cases for Hot Spring County, whose salary shall not be less than sixteen thousand six hundred twenty-seven dollars ($16,627) per annum. The salary is to be paid in accordance with the pay periods and payroll policy for county employees of Hot Spring County. In addition to the salary, social security, matching retirement, insurance, and all related salary expenses may be paid by Hot Spring County. This deputy prosecuting attorney shall be allowed to engage in private practice; (13) One (1) deputy prosecuting attorney for Hot Spring County, whose salary shall not be less than eighteen thousand three hundred ninety-six ($18,396) per annum. The salary is to be paid in accordance with the pay periods and payroll policy for county employees of Hot Spring County. In addition to the salary, social security, matching retirement, insurance, and all related salary expenses may be paid by Hot Spring County; (14) One (1) legal secretary/hot check coordinator/victim-witness director for Hot Spring County, whose salary shall not be less than nineteen thousand two hundred fifty eight dollars ($19,258) per annum. The salary is to be paid in accordance with the pay periods and payroll policy of Hot Spring County. In addition to the salary, social security, matching retirement, insurance, and all related salary expenses shall be paid by Hot Spring County; (15) One (1) deputy prosecuting attorney for Grant County, whose salary shall not be less than nineteen thousand seven hundred two dollars ($19,702) per annum. The salary is to be paid in accordance with the pay periods and payroll policy for county employees of Grant County. In addition to the salary, social security, matching retirement, insurance, and all related salary expenses may be paid by Grant County. This deputy prosecuting attorney shall be allowed to engage in private practice; (16) One (1) deputy prosecuting attorney for Grant County, whose salary shall not be less than sixteen thousand five hundred dollars ($16,500) per annum. The salary is to be paid in accordance with the pay periods and payroll policy for county employees of Grant County. In addition to the salary, social security, matching retirement, insurance, and all related salary expenses may be paid by Grant County. This deputy prosecuting attorney shall be allowed to engage in private practice; (17) One (1) deputy prosecuting attorney for child support cases for Grant County, whose salary shall not be less than ten thousand dollars ($10,000) per annum. The salary is to be paid in accordance with the pay periods and payroll policy for county employees of Grant County. In addition to the salary, social security, matching retirement, insurance, and all related salary expenses may be paid by Grant County. This deputy prosecuting attorney shall be allowed to engage in private practice; (18) One (1) legal secretary for Grant County, whose salary shall not be less than seventeen thousand six hundred forty dollars ($17,640) per annum. The salary is to be paid in accordance with the pay periods and payroll policy of Grant County. In addition to the salary, social security, matching retirement, insurance, and all related salary expenses shall be paid by Grant County; and (19) The prosecuting attorney of the Seventh Judicial District shall be allowed additional assistance and employees in each county upon appropriation of the quorum court and approval of the county judge in each respective county. Acts 1997, No. 1180, § 1.

(a) The office of the Prosecuting Attorney of the Seventh Judicial District shall receive not less than a contingent expense reimbursement for the expenses of the office including, but not limited to, maintenance and operation, capital outlay, office supplies, telephone, postage, copying, insurance, and library in the following amounts to be borne by the respective counties of the of the Seventh Judicial District: (1) Saline County ............... $47,359; (2) Grant County ............... $14,800; and (3) Hot Spring County ............... $5,000.

(1) Saline County ............... $47,359;

(2) Grant County ............... $14,800; and

(3) Hot Spring County ............... $5,000.

(b) The counties shall pay the authorized annual amounts in equal quarterly installments from the county general fund of the respective counties and the checks shall be made payable to the office of the prosecuting attorney. Disbursements shall be made by the prosecuting attorney for the necessary expenses of the office based upon adequate documentation.

(c) The prosecuting attorney or deputies may also be allowed additional expenses upon appropriation of the quorum court and approval of the county judge.

(d) The Prosecuting Attorney of the Seventh Judicial District shall be entitled to the following assistants and employees: (1) One (1) chief deputy prosecuting attorney for Saline County, whose salary shall not be less than forty-six thousand two hundred dollars ($46,200) per annum. The salary is to be paid in accordance with the pay periods and payroll policy for county employees of Saline County. In addition to the salary, social security, matching retirement, insurance, and all related salary expenses shall be paid by Saline County; (2) Two (2) deputy prosecuting attorneys for Saline County, whose salary shall not be less than forty thousand seven hundred ninety-six dollars ($40,796) per annum. The salary is to be paid in accordance with the pay periods and payroll policy for county employees of Saline County. In addition to the salary, social security, matching retirement, insurance, and all related salary expenses shall be paid by Saline County; (3) One (1) deputy prosecuting attorney for Saline County, whose salary shall not be less than thirty-five thousand dollars ($35,000) per annum. The salary is to be paid in accordance with the pay periods and payroll policy for county employees of Saline County. In addition to the salary, social security, matching retirement, insurance, and all related salary expenses shall be paid by Saline County; (4) One (1) deputy prosecuting attorney for Saline County, whose salary shall not be less than ten thousand dollars ($10,000) per annum. The salary is to be paid in accordance with the pay periods and payroll policy for county employees of Saline County. In addition to the salary, social security, matching retirement, insurance, and all related salary expenses may be paid by Saline County. This deputy prosecuting attorney shall be allowed to engage in private practice; (5) One (1) deputy prosecuting attorney for child support cases for Saline County, whose salary shall not be less than eighteen thousand five hundred sixty-eight dollars ($18,568) per annum. The salary is to be paid in accordance with the pay periods and payroll policy for county employees of Saline County. In addition to the salary, social security, matching retirement, insurance, and all related salary expenses may be paid by Saline County. This deputy prosecuting attorney shall be allowed to engage in private practice; (6) One (1) victim/witness director for Saline County, whose salary shall not be less than twenty-four thousand five hundred forty-eight dollars ($24,548) per annum. The salary is to be paid in accordance with the pay periods and payroll policy of Saline County. In addition to the salary, social security, matching retirement, insurance, and all related salary expenses shall be paid by Saline County; (7) One (1) victim/witness coordinator for Saline County, whose salary shall not be less than twenty thousand three hundred eleven dollars ($20,311) per annum. The salary is to be paid in accordance with the pay periods and payroll policy of Saline County. In addition to the salary, social security, matching retirement, insurance, and all related salary expenses shall be paid by Saline County; (8) One (1) office manager for Saline County, whose salary shall not be less than eighteen thousand three hundred seventy dollars ($18,370) per annum. The salary is to be paid in accordance with the pay periods and payroll policy of Saline County. In addition to the salary, social security, matching retirement, insurance, and all related salary expenses shall be paid by Saline County; (9) One (1) hot check coordinator for Saline County, whose salary shall not be less than eighteen thousand nine hundred sixty-one dollars ($18,961) per annum. The salary is to be paid in accordance with the pay periods and payroll policy of Saline County. In addition to the salary, social security, matching retirement, insurance, and all related salary expenses shall be paid by Saline County; (10) Two (2) secretaries for Saline County, whose salaries shall not be less than fourteen thousand seven hundred dollars ($14,700) per annum. The salary is to be paid in accordance with the pay periods and payroll policy of Saline County. In addition to the salary, social security, matching retirement, insurance, and all related salary expenses shall be paid by Saline County; (11) One (1) deputy prosecuting attorney for Hot Spring County, whose salary shall not be less than fourteen thousand seven hundred ninety dollars ($14,790) per annum. The salary is to be paid in accordance with the pay periods and payroll policy for county employees of Hot Spring County. In addition to the salary, social security, matching retirement, insurance, and all related salary expenses may be paid by Hot Spring County. This deputy prosecuting attorney shall be allowed to engage in private practice; (12) One (1) deputy prosecuting attorney for child support cases for Hot Spring County, whose salary shall not be less than sixteen thousand six hundred twenty-seven dollars ($16,627) per annum. The salary is to be paid in accordance with the pay periods and payroll policy for county employees of Hot Spring County. In addition to the salary, social security, matching retirement, insurance, and all related salary expenses may be paid by Hot Spring County. This deputy prosecuting attorney shall be allowed to engage in private practice; (13) One (1) deputy prosecuting attorney for Hot Spring County, whose salary shall not be less than eighteen thousand three hundred ninety-six ($18,396) per annum. The salary is to be paid in accordance with the pay periods and payroll policy for county employees of Hot Spring County. In addition to the salary, social security, matching retirement, insurance, and all related salary expenses may be paid by Hot Spring County; (14) One (1) legal secretary/hot check coordinator/victim-witness director for Hot Spring County, whose salary shall not be less than nineteen thousand two hundred fifty eight dollars ($19,258) per annum. The salary is to be paid in accordance with the pay periods and payroll policy of Hot Spring County. In addition to the salary, social security, matching retirement, insurance, and all related salary expenses shall be paid by Hot Spring County; (15) One (1) deputy prosecuting attorney for Grant County, whose salary shall not be less than nineteen thousand seven hundred two dollars ($19,702) per annum. The salary is to be paid in accordance with the pay periods and payroll policy for county employees of Grant County. In addition to the salary, social security, matching retirement, insurance, and all related salary expenses may be paid by Grant County. This deputy prosecuting attorney shall be allowed to engage in private practice; (16) One (1) deputy prosecuting attorney for Grant County, whose salary shall not be less than sixteen thousand five hundred dollars ($16,500) per annum. The salary is to be paid in accordance with the pay periods and payroll policy for county employees of Grant County. In addition to the salary, social security, matching retirement, insurance, and all related salary expenses may be paid by Grant County. This deputy prosecuting attorney shall be allowed to engage in private practice; (17) One (1) deputy prosecuting attorney for child support cases for Grant County, whose salary shall not be less than ten thousand dollars ($10,000) per annum. The salary is to be paid in accordance with the pay periods and payroll policy for county employees of Grant County. In addition to the salary, social security, matching retirement, insurance, and all related salary expenses may be paid by Grant County. This deputy prosecuting attorney shall be allowed to engage in private practice; (18) One (1) legal secretary for Grant County, whose salary shall not be less than seventeen thousand six hundred forty dollars ($17,640) per annum. The salary is to be paid in accordance with the pay periods and payroll policy of Grant County. In addition to the salary, social security, matching retirement, insurance, and all related salary expenses shall be paid by Grant County; and (19) The prosecuting attorney of the Seventh Judicial District shall be allowed additional assistance and employees in each county upon appropriation of the quorum court and approval of the county judge in each respective county.

(1) One (1) chief deputy prosecuting attorney for Saline County, whose salary shall not be less than forty-six thousand two hundred dollars ($46,200) per annum. The salary is to be paid in accordance with the pay periods and payroll policy for county employees of Saline County. In addition to the salary, social security, matching retirement, insurance, and all related salary expenses shall be paid by Saline County;

(2) Two (2) deputy prosecuting attorneys for Saline County, whose salary shall not be less than forty thousand seven hundred ninety-six dollars ($40,796) per annum. The salary is to be paid in accordance with the pay periods and payroll policy for county employees of Saline County. In addition to the salary, social security, matching retirement, insurance, and all related salary expenses shall be paid by Saline County;

(3) One (1) deputy prosecuting attorney for Saline County, whose salary shall not be less than thirty-five thousand dollars ($35,000) per annum. The salary is to be paid in accordance with the pay periods and payroll policy for county employees of Saline County. In addition to the salary, social security, matching retirement, insurance, and all related salary expenses shall be paid by Saline County;

(4) One (1) deputy prosecuting attorney for Saline County, whose salary shall not be less than ten thousand dollars ($10,000) per annum. The salary is to be paid in accordance with the pay periods and payroll policy for county employees of Saline County. In addition to the salary, social security, matching retirement, insurance, and all related salary expenses may be paid by Saline County. This deputy prosecuting attorney shall be allowed to engage in private practice;

(5) One (1) deputy prosecuting attorney for child support cases for Saline County, whose salary shall not be less than eighteen thousand five hundred sixty-eight dollars ($18,568) per annum. The salary is to be paid in accordance with the pay periods and payroll policy for county employees of Saline County. In addition to the salary, social security, matching retirement, insurance, and all related salary expenses may be paid by Saline County. This deputy prosecuting attorney shall be allowed to engage in private practice;

(6) One (1) victim/witness director for Saline County, whose salary shall not be less than twenty-four thousand five hundred forty-eight dollars ($24,548) per annum. The salary is to be paid in accordance with the pay periods and payroll policy of Saline County. In addition to the salary, social security, matching retirement, insurance, and all related salary expenses shall be paid by Saline County;

(7) One (1) victim/witness coordinator for Saline County, whose salary shall not be less than twenty thousand three hundred eleven dollars ($20,311) per annum. The salary is to be paid in accordance with the pay periods and payroll policy of Saline County. In addition to the salary, social security, matching retirement, insurance, and all related salary expenses shall be paid by Saline County;

(8) One (1) office manager for Saline County, whose salary shall not be less than eighteen thousand three hundred seventy dollars ($18,370) per annum. The salary is to be paid in accordance with the pay periods and payroll policy of Saline County. In addition to the salary, social security, matching retirement, insurance, and all related salary expenses shall be paid by Saline County;

(9) One (1) hot check coordinator for Saline County, whose salary shall not be less than eighteen thousand nine hundred sixty-one dollars ($18,961) per annum. The salary is to be paid in accordance with the pay periods and payroll policy of Saline County. In addition to the salary, social security, matching retirement, insurance, and all related salary expenses shall be paid by Saline County;

(10) Two (2) secretaries for Saline County, whose salaries shall not be less than fourteen thousand seven hundred dollars ($14,700) per annum. The salary is to be paid in accordance with the pay periods and payroll policy of Saline County. In addition to the salary, social security, matching retirement, insurance, and all related salary expenses shall be paid by Saline County;

(11) One (1) deputy prosecuting attorney for Hot Spring County, whose salary shall not be less than fourteen thousand seven hundred ninety dollars ($14,790) per annum. The salary is to be paid in accordance with the pay periods and payroll policy for county employees of Hot Spring County. In addition to the salary, social security, matching retirement, insurance, and all related salary expenses may be paid by Hot Spring County. This deputy prosecuting attorney shall be allowed to engage in private practice;

(12) One (1) deputy prosecuting attorney for child support cases for Hot Spring County, whose salary shall not be less than sixteen thousand six hundred twenty-seven dollars ($16,627) per annum. The salary is to be paid in accordance with the pay periods and payroll policy for county employees of Hot Spring County. In addition to the salary, social security, matching retirement, insurance, and all related salary expenses may be paid by Hot Spring County. This deputy prosecuting attorney shall be allowed to engage in private practice;

(13) One (1) deputy prosecuting attorney for Hot Spring County, whose salary shall not be less than eighteen thousand three hundred ninety-six ($18,396) per annum. The salary is to be paid in accordance with the pay periods and payroll policy for county employees of Hot Spring County. In addition to the salary, social security, matching retirement, insurance, and all related salary expenses may be paid by Hot Spring County;

(14) One (1) legal secretary/hot check coordinator/victim-witness director for Hot Spring County, whose salary shall not be less than nineteen thousand two hundred fifty eight dollars ($19,258) per annum. The salary is to be paid in accordance with the pay periods and payroll policy of Hot Spring County. In addition to the salary, social security, matching retirement, insurance, and all related salary expenses shall be paid by Hot Spring County;

(15) One (1) deputy prosecuting attorney for Grant County, whose salary shall not be less than nineteen thousand seven hundred two dollars ($19,702) per annum. The salary is to be paid in accordance with the pay periods and payroll policy for county employees of Grant County. In addition to the salary, social security, matching retirement, insurance, and all related salary expenses may be paid by Grant County. This deputy prosecuting attorney shall be allowed to engage in private practice;

(16) One (1) deputy prosecuting attorney for Grant County, whose salary shall not be less than sixteen thousand five hundred dollars ($16,500) per annum. The salary is to be paid in accordance with the pay periods and payroll policy for county employees of Grant County. In addition to the salary, social security, matching retirement, insurance, and all related salary expenses may be paid by Grant County. This deputy prosecuting attorney shall be allowed to engage in private practice;

(17) One (1) deputy prosecuting attorney for child support cases for Grant County, whose salary shall not be less than ten thousand dollars ($10,000) per annum. The salary is to be paid in accordance with the pay periods and payroll policy for county employees of Grant County. In addition to the salary, social security, matching retirement, insurance, and all related salary expenses may be paid by Grant County. This deputy prosecuting attorney shall be allowed to engage in private practice;

(18) One (1) legal secretary for Grant County, whose salary shall not be less than seventeen thousand six hundred forty dollars ($17,640) per annum. The salary is to be paid in accordance with the pay periods and payroll policy of Grant County. In addition to the salary, social security, matching retirement, insurance, and all related salary expenses shall be paid by Grant County; and

(19) The prosecuting attorney of the Seventh Judicial District shall be allowed additional assistance and employees in each county upon appropriation of the quorum court and approval of the county judge in each respective county.

Acts 1997, No. 1180, § 1.
Ark. Code Ann. § 16-10-905 — AR Code / Title 16 / Chapter 10 / Subchapter 9 / Section 16-10-905
Amount of per diem compensation
Status: in_force

(a) Per diem compensation prescribed in § 16-10-902 shall be for each day or portion of a day the judge serves on the bench. (b) For each day or portion of a day that a special judge appointed under Arkansas Constitution, Amendment 80, performs his or her judicial duties other than on the bench, the judge shall receive compensation as prescribed by rules adopted by the Supreme Court. Acts 1999, No. 390, § 5; 2011, No. 274, § 5.

(a) Per diem compensation prescribed in § 16-10-902 shall be for each day or portion of a day the judge serves on the bench.

(b) For each day or portion of a day that a special judge appointed under Arkansas Constitution, Amendment 80, performs his or her judicial duties other than on the bench, the judge shall receive compensation as prescribed by rules adopted by the Supreme Court.

Acts 1999, No. 390, § 5; 2011, No. 274, § 5.
Ark. Code Ann. § 16-20-207 — AR Code / Title 16 / Chapter 20 / Subchapter 2 / Section 16-20-207
Fees - Accounting - Audit
Status: in_force

The Clerk of the Supreme Court shall keep a true and accurate account of all fees earned in the office in accordance with the guidelines as required by law, and such records shall be subject to inspection by the Auditor of State. Acts 1895, No. 145, §§ 2-5, p. 213; C. & M. Dig., §§ 1359-1362; Pope's Dig., §§ 1620-1623; A.S.A. 1947, §§ 23-211 -- 23-214; Acts 1995, No. 549, § 9.

The Clerk of the Supreme Court shall keep a true and accurate account of all fees earned in the office in accordance with the guidelines as required by law, and such records shall be subject to inspection by the Auditor of State.

Acts 1895, No. 145, §§ 2-5, p. 213; C. & M. Dig., §§ 1359-1362; Pope's Dig., §§ 1620-1623; A.S.A. 1947, §§ 23-211 -- 23-214; Acts 1995, No. 549, § 9.
Ark. Code Ann. § 16-43-1002 — AR Code / Title 16 / Chapter 43 / Subchapter 10 / Section 16-43-1002
Certified facility dogs for child and vulnerable witnesses - Definitions
Status: in_force

(a) As used in this section: (1) "Certified facility dog" means a dog that has: (A) Graduated from a program of an assistance dog organization that is a member of Assistance Dogs International or a similar nonprofit organization that sets the highest standard of training and placement for assistance dogs and their certified handlers and demonstrates continued proficiency in providing safe and reliable services according to the assistance dog organization's training standards; (B) Been specifically selected to provide services in the legal system to provide quiet companionship to a child witness or a vulnerable witness during judicial proceedings for the purpose of reducing stress in a child witness or vulnerable witness by enhancing the ability of the child witness or vulnerable witness to testify in the high-stress environment of a judicial proceeding; and (C) Passed the same public access test as a service dog, if required by the assistance dog organization; (2) "Certified handler" means a person who has received training from an organization accredited by Assistance Dogs International or an equivalent organization and who is knowledgable about the protocols and policies of courts, the expected roles of a certified facility dog team, and the expected interaction so as not to interfere with the collection of evidence or the effective administration of justice; (3) "Child witness" means a witness testifying in a criminal hearing or trial whose age at the time of his or her testimony is eighteen (18) years of age or younger; (4) "Intellectual and developmental disability" means a disability of a person that: (A) Is attributable to: (i) An impairment of general intellectual functioning or adaptive behavior, including without limitation cerebral palsy, spina bifida, Down syndrome, epilepsy, or autism; (ii) A condition that results in an impairment of general intellectual functioning or adaptive behavior or that requires treatment and services for a person; or (iii) Dyslexia resulting from a disability described in subdivision (a)(4)(A)(i) or subdivision (a)(4)(A)(ii) of this section; (B) Originates before the person attains twenty-two (22) years of age; (C) Has continued or can be expected to continue indefinitely; and (D) Constitutes a substantial impairment to the person's ability to function without appropriate support services, including without limitation planned recreational activities, medical services such as physical therapy and speech therapy, and sheltered employment or job training; and (5) "Vulnerable witness" means a person testifying in a criminal hearing or trial who has an intellectual and developmental disability or has a significant impairment in cognitive functioning acquired as a direct consequence of a brain injury or resulting from a progressively deteriorating neurological condition, including without limitation Alzheimer's disease or dementia. (b) Subject to the Arkansas Rules of Civil Procedure, Arkansas Rules of Evidence, or other rule of the Supreme Court, if requested by either party in a criminal trial or hearing and if a certified facility dog is available within the jurisdiction of the judicial district in which the criminal case is being adjudicated, a child witness or vulnerable witness of the party shall be afforded the opportunity to have a certified facility dog accompany him or her while testifying in court. (c) Before the introduction of a certified facility dog into the courtroom and outside the presence of the jury, the party desiring to utilize a certified facility dog shall file a motion certifying to the court the following information: (1) The credentials of the certified facility dog; (2) That the certified facility dog is adequately insured; (3) That a relationship has been established between the child witness or vulnerable witness and the certified facility dog in anticipation of testimony; and (4) That the presence of the certified facility dog may reduce anxiety experienced by the child witness or vulnerable witness while testifying in the criminal trial or hearing. (d) A court may allow any witness to use a certified facility dog, if available, to accompany him or her while testifying in court, even if the criteria under subsection (c) of this section are not met. (e) (1) If the court grants the motion under subsection (c) of this section, the court shall state the basis for its decision on the record or by court order. (2) The certified facility dog shall be accompanied by the certified handler during judicial proceedings. (3) The certified facility dog shall be trained to accompany the child witness or vulnerable witness in the witness stand without being attached to the certified handler by leash and lie on the floor out of view of the jury while the child witness or vulnerable witness testifies. (4) The jury shall be seated subsequent to the child witness's or vulnerable witness's and certified facility dog's taking their places in the witness stand in the absence of the jury. (f) In the course of jury selection, with the court's approval under Rule 32.2 of the Arkansas Rules of Criminal Procedure, either party may voir dire prospective jury members on whether the presence of a certified facility dog to assist a child witness or vulnerable witness would create undue sympathy for the child witness or vulnerable witness or in any way serve as a prejudice to the defendant. (g) In a criminal trial involving a jury in which the certified facility dog is utilized, the court shall present appropriate jury instructions that are designed to prevent prejudice for or against any party. (h) (1) A certified facility dog and the person or persons accompanying a certified facility dog are authorized to access the following locations: (A) Any courthouse; (B) Any location where the certified facility dog team provides services, participates in administrative activities of the certified facility dog team, engages in community outreach, or participates in training activities; (C) Any location related to a law enforcement investigation where law enforcement requests their presence; (D) A location where matters pending in the criminal justice system occur; and (E) Certain specific facilities such as a: (i) Children's advocacy center; (ii) School; (iii) Daycare facility; (iv) Law enforcement agency; (v) Prosecuting attorney's office; (vi) Medical facility; (vii) Specialty court; and (viii) Court-appointed special advocates and guardian ad litem program office. (2) A person accompanying a certified facility dog may be asked to show identification, provided by the qualified assistance dog organization that trained the certified facility dog team, to establish that public access is authorized. Amended by Act 2021, No. 824,§ 1, eff. 7/28/2021. Added by Act 2015, No. 957,§ 1, eff. 7/22/2015.

(a) As used in this section: (1) "Certified facility dog" means a dog that has: (A) Graduated from a program of an assistance dog organization that is a member of Assistance Dogs International or a similar nonprofit organization that sets the highest standard of training and placement for assistance dogs and their certified handlers and demonstrates continued proficiency in providing safe and reliable services according to the assistance dog organization's training standards; (B) Been specifically selected to provide services in the legal system to provide quiet companionship to a child witness or a vulnerable witness during judicial proceedings for the purpose of reducing stress in a child witness or vulnerable witness by enhancing the ability of the child witness or vulnerable witness to testify in the high-stress environment of a judicial proceeding; and (C) Passed the same public access test as a service dog, if required by the assistance dog organization; (2) "Certified handler" means a person who has received training from an organization accredited by Assistance Dogs International or an equivalent organization and who is knowledgable about the protocols and policies of courts, the expected roles of a certified facility dog team, and the expected interaction so as not to interfere with the collection of evidence or the effective administration of justice; (3) "Child witness" means a witness testifying in a criminal hearing or trial whose age at the time of his or her testimony is eighteen (18) years of age or younger; (4) "Intellectual and developmental disability" means a disability of a person that: (A) Is attributable to: (i) An impairment of general intellectual functioning or adaptive behavior, including without limitation cerebral palsy, spina bifida, Down syndrome, epilepsy, or autism; (ii) A condition that results in an impairment of general intellectual functioning or adaptive behavior or that requires treatment and services for a person; or (iii) Dyslexia resulting from a disability described in subdivision (a)(4)(A)(i) or subdivision (a)(4)(A)(ii) of this section; (B) Originates before the person attains twenty-two (22) years of age; (C) Has continued or can be expected to continue indefinitely; and (D) Constitutes a substantial impairment to the person's ability to function without appropriate support services, including without limitation planned recreational activities, medical services such as physical therapy and speech therapy, and sheltered employment or job training; and (5) "Vulnerable witness" means a person testifying in a criminal hearing or trial who has an intellectual and developmental disability or has a significant impairment in cognitive functioning acquired as a direct consequence of a brain injury or resulting from a progressively deteriorating neurological condition, including without limitation Alzheimer's disease or dementia.

(1) "Certified facility dog" means a dog that has: (A) Graduated from a program of an assistance dog organization that is a member of Assistance Dogs International or a similar nonprofit organization that sets the highest standard of training and placement for assistance dogs and their certified handlers and demonstrates continued proficiency in providing safe and reliable services according to the assistance dog organization's training standards; (B) Been specifically selected to provide services in the legal system to provide quiet companionship to a child witness or a vulnerable witness during judicial proceedings for the purpose of reducing stress in a child witness or vulnerable witness by enhancing the ability of the child witness or vulnerable witness to testify in the high-stress environment of a judicial proceeding; and (C) Passed the same public access test as a service dog, if required by the assistance dog organization;

(A) Graduated from a program of an assistance dog organization that is a member of Assistance Dogs International or a similar nonprofit organization that sets the highest standard of training and placement for assistance dogs and their certified handlers and demonstrates continued proficiency in providing safe and reliable services according to the assistance dog organization's training standards;

(B) Been specifically selected to provide services in the legal system to provide quiet companionship to a child witness or a vulnerable witness during judicial proceedings for the purpose of reducing stress in a child witness or vulnerable witness by enhancing the ability of the child witness or vulnerable witness to testify in the high-stress environment of a judicial proceeding; and

(C) Passed the same public access test as a service dog, if required by the assistance dog organization;

(2) "Certified handler" means a person who has received training from an organization accredited by Assistance Dogs International or an equivalent organization and who is knowledgable about the protocols and policies of courts, the expected roles of a certified facility dog team, and the expected interaction so as not to interfere with the collection of evidence or the effective administration of justice;

(3) "Child witness" means a witness testifying in a criminal hearing or trial whose age at the time of his or her testimony is eighteen (18) years of age or younger;

(4) "Intellectual and developmental disability" means a disability of a person that: (A) Is attributable to: (i) An impairment of general intellectual functioning or adaptive behavior, including without limitation cerebral palsy, spina bifida, Down syndrome, epilepsy, or autism; (ii) A condition that results in an impairment of general intellectual functioning or adaptive behavior or that requires treatment and services for a person; or (iii) Dyslexia resulting from a disability described in subdivision (a)(4)(A)(i) or subdivision (a)(4)(A)(ii) of this section; (B) Originates before the person attains twenty-two (22) years of age; (C) Has continued or can be expected to continue indefinitely; and (D) Constitutes a substantial impairment to the person's ability to function without appropriate support services, including without limitation planned recreational activities, medical services such as physical therapy and speech therapy, and sheltered employment or job training; and

(A) Is attributable to: (i) An impairment of general intellectual functioning or adaptive behavior, including without limitation cerebral palsy, spina bifida, Down syndrome, epilepsy, or autism; (ii) A condition that results in an impairment of general intellectual functioning or adaptive behavior or that requires treatment and services for a person; or (iii) Dyslexia resulting from a disability described in subdivision (a)(4)(A)(i) or subdivision (a)(4)(A)(ii) of this section;

(i) An impairment of general intellectual functioning or adaptive behavior, including without limitation cerebral palsy, spina bifida, Down syndrome, epilepsy, or autism;

(ii) A condition that results in an impairment of general intellectual functioning or adaptive behavior or that requires treatment and services for a person; or

(iii) Dyslexia resulting from a disability described in subdivision (a)(4)(A)(i) or subdivision (a)(4)(A)(ii) of this section;

(B) Originates before the person attains twenty-two (22) years of age;

(C) Has continued or can be expected to continue indefinitely; and

(D) Constitutes a substantial impairment to the person's ability to function without appropriate support services, including without limitation planned recreational activities, medical services such as physical therapy and speech therapy, and sheltered employment or job training; and

(5) "Vulnerable witness" means a person testifying in a criminal hearing or trial who has an intellectual and developmental disability or has a significant impairment in cognitive functioning acquired as a direct consequence of a brain injury or resulting from a progressively deteriorating neurological condition, including without limitation Alzheimer's disease or dementia.

(b) Subject to the Arkansas Rules of Civil Procedure, Arkansas Rules of Evidence, or other rule of the Supreme Court, if requested by either party in a criminal trial or hearing and if a certified facility dog is available within the jurisdiction of the judicial district in which the criminal case is being adjudicated, a child witness or vulnerable witness of the party shall be afforded the opportunity to have a certified facility dog accompany him or her while testifying in court.

(c) Before the introduction of a certified facility dog into the courtroom and outside the presence of the jury, the party desiring to utilize a certified facility dog shall file a motion certifying to the court the following information: (1) The credentials of the certified facility dog; (2) That the certified facility dog is adequately insured; (3) That a relationship has been established between the child witness or vulnerable witness and the certified facility dog in anticipation of testimony; and (4) That the presence of the certified facility dog may reduce anxiety experienced by the child witness or vulnerable witness while testifying in the criminal trial or hearing.

(1) The credentials of the certified facility dog;

(2) That the certified facility dog is adequately insured;

(3) That a relationship has been established between the child witness or vulnerable witness and the certified facility dog in anticipation of testimony; and

(4) That the presence of the certified facility dog may reduce anxiety experienced by the child witness or vulnerable witness while testifying in the criminal trial or hearing.

(d) A court may allow any witness to use a certified facility dog, if available, to accompany him or her while testifying in court, even if the criteria under subsection (c) of this section are not met.

(e) (1) If the court grants the motion under subsection (c) of this section, the court shall state the basis for its decision on the record or by court order. (2) The certified facility dog shall be accompanied by the certified handler during judicial proceedings. (3) The certified facility dog shall be trained to accompany the child witness or vulnerable witness in the witness stand without being attached to the certified handler by leash and lie on the floor out of view of the jury while the child witness or vulnerable witness testifies. (4) The jury shall be seated subsequent to the child witness's or vulnerable witness's and certified facility dog's taking their places in the witness stand in the absence of the jury.

(1) If the court grants the motion under subsection (c) of this section, the court shall state the basis for its decision on the record or by court order.

(2) The certified facility dog shall be accompanied by the certified handler during judicial proceedings.

(3) The certified facility dog shall be trained to accompany the child witness or vulnerable witness in the witness stand without being attached to the certified handler by leash and lie on the floor out of view of the jury while the child witness or vulnerable witness testifies.

(4) The jury shall be seated subsequent to the child witness's or vulnerable witness's and certified facility dog's taking their places in the witness stand in the absence of the jury.

(f) In the course of jury selection, with the court's approval under Rule 32.2 of the Arkansas Rules of Criminal Procedure, either party may voir dire prospective jury members on whether the presence of a certified facility dog to assist a child witness or vulnerable witness would create undue sympathy for the child witness or vulnerable witness or in any way serve as a prejudice to the defendant.

(g) In a criminal trial involving a jury in which the certified facility dog is utilized, the court shall present appropriate jury instructions that are designed to prevent prejudice for or against any party.

(h) (1) A certified facility dog and the person or persons accompanying a certified facility dog are authorized to access the following locations: (A) Any courthouse; (B) Any location where the certified facility dog team provides services, participates in administrative activities of the certified facility dog team, engages in community outreach, or participates in training activities; (C) Any location related to a law enforcement investigation where law enforcement requests their presence; (D) A location where matters pending in the criminal justice system occur; and (E) Certain specific facilities such as a: (i) Children's advocacy center; (ii) School; (iii) Daycare facility; (iv) Law enforcement agency; (v) Prosecuting attorney's office; (vi) Medical facility; (vii) Specialty court; and (viii) Court-appointed special advocates and guardian ad litem program office. (2) A person accompanying a certified facility dog may be asked to show identification, provided by the qualified assistance dog organization that trained the certified facility dog team, to establish that public access is authorized.

(1) A certified facility dog and the person or persons accompanying a certified facility dog are authorized to access the following locations: (A) Any courthouse; (B) Any location where the certified facility dog team provides services, participates in administrative activities of the certified facility dog team, engages in community outreach, or participates in training activities; (C) Any location related to a law enforcement investigation where law enforcement requests their presence; (D) A location where matters pending in the criminal justice system occur; and (E) Certain specific facilities such as a: (i) Children's advocacy center; (ii) School; (iii) Daycare facility; (iv) Law enforcement agency; (v) Prosecuting attorney's office; (vi) Medical facility; (vii) Specialty court; and (viii) Court-appointed special advocates and guardian ad litem program office.

(A) Any courthouse;

(B) Any location where the certified facility dog team provides services, participates in administrative activities of the certified facility dog team, engages in community outreach, or participates in training activities;

(C) Any location related to a law enforcement investigation where law enforcement requests their presence;

(D) A location where matters pending in the criminal justice system occur; and

(E) Certain specific facilities such as a: (i) Children's advocacy center; (ii) School; (iii) Daycare facility; (iv) Law enforcement agency; (v) Prosecuting attorney's office; (vi) Medical facility; (vii) Specialty court; and (viii) Court-appointed special advocates and guardian ad litem program office.

(i) Children's advocacy center;

(ii) School;

(iii) Daycare facility;

(iv) Law enforcement agency;

(v) Prosecuting attorney's office;

(vi) Medical facility;

(vii) Specialty court; and

(viii) Court-appointed special advocates and guardian ad litem program office.

(2) A person accompanying a certified facility dog may be asked to show identification, provided by the qualified assistance dog organization that trained the certified facility dog team, to establish that public access is authorized.

Amended by Act 2021, No. 824,§ 1, eff. 7/28/2021.

Added by Act 2015, No. 957,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 16-58-121 — AR Code / Title 16 / Chapter 58 / Section 16-58-121
Method of service - Nonresident or absent owner, chauffeur, driver, or operator - Survival of action
Status: in_force

(a) (1) The acceptance by a nonresident owner, chauffeur, driver, or operator, or by a resident owner, chauffeur, driver, or operator of any motor vehicle who subsequently absents himself or herself physically from the state, except such nonresident owners or operators, drivers, or chauffeurs as may have a designated agent within this state upon whom valid and binding service of process may be had under the laws of this state, of the rights and privileges conferred by the laws of the State of Arkansas to drive or operate or permit or cause to be operated or driven a motor vehicle upon the public highway, private property, and property owned or controlled by the United States Government within this state as evidenced by his or her or its operating or causing or permitting a motor vehicle to be operated or driven thereon or the operation by a nonresident owner, nonresident operator or chauffeur, or resident owner, operator, or chauffeur subsequently absenting himself or herself from the state, or the causing or permitting by the nonresident owner, nonresident operator or chauffeur or resident owner, resident operator, or chauffeur subsequently absenting himself or herself physically from the state, of a motor vehicle to be operated on the highway, private property, and property owned or controlled by the United States Government within the State of Arkansas shall be deemed equivalent to the appointment by the nonresident owner, nonresident operator, or chauffeur, or by the resident owner, resident operator, or chauffeur subsequently absenting himself or herself from the state, whether the nonresident owner, nonresident operator, or chauffeur or resident owner, resident operator, or chauffeur subsequently absenting himself or herself from the state, is an individual, firm, or corporation, of the Secretary of the State of Arkansas or his or her successor in office to be the true and lawful attorney and agent of the nonresident owner, or nonresident operator, or chauffeur or resident owner, resident operator, or chauffeur subsequently absenting himself or herself from the state upon whom may be served all lawful process in any action or proceedings against him or her against any such person, firm, or corporation, or in the case of death of any such person, against any administrator, executor, or other legal representative of his estate, growing out of any accident or collision in which the nonresident owner, nonresident operator, or chauffeur or resident owner, resident operator, or chauffeur subsequently absenting himself or herself from the state, or any agent, servant, or employee of any such nonresident owner, nonresident operator, or chauffeur or resident owner, resident operator, or chauffeur subsequently absenting himself or herself from the state, may be involved while operating a motor vehicle on a highway, private property, or property owned or controlled by the United States Government within this state, whether the nonresident operator or chauffeur or resident operator or chauffeur subsequently absenting himself or herself from the state is the owner of the motor vehicle or not. (2) Such acceptance or operation shall be a signification of the agreement of any such person, firm, or corporation, that any such process against any such person, firm, or corporation, or against the administrator, executor, or other legal representative of the estate of such person who may not have survived in such accident or collision, which is so served shall be of the same legal force and validity as if served on such person, firm, or corporation personally. (b) (1) Service of the process shall be made by serving a copy of the process on the Secretary of State, notifying the Secretary of State that service is being effected pursuant to this subsection, and paying the Secretary of State the sum of twenty-five dollars ($25.00). Such service shall be sufficient service upon the nonresident owner, nonresident operator, or chauffeur or upon the resident owner, resident operator, or chauffeur who has subsequently absented himself or herself physically from the state, or upon the executor, administrator, or other legal representative of his or her estate in case he or she has not survived such accident or collision or has since died, if notice of the service and a copy of the process are forthwith sent by registered mail by the plaintiff or his or her attorney to the defendant at his or her last known address or to the administrator, executor, or other legal representative of the estate in the case he or she has not survived the accident or collision or has since died, and notice of such service and a copy of the process are forthwith sent by registered mail by the plaintiff or his or her attorney to the defendant at his or her last known address, or to the administrator, executor, or other legal representative of the estate of the deceased wrongdoer or tortfeasor, and the defendant's return receipt, or the return receipt of the administrator, executor, or other legal representative of the estate of the deceased person, or the affidavit of the plaintiff or his or her attorney of compliance herewith are to be appended to the writ of process and entered and filed in the office of the clerk of the court wherein the cause is brought. The Secretary of State, upon receiving a copy of the service of summons shall also forthwith mail a copy of the summons together with a copy of the complaint by first class mail to the last and best known address of the named defendant in the suit, notifying him or her of the filing of the suit. (2) The court in which the action is pending may order any continuance as may be necessary to afford the defendant reasonable opportunity to defend the action. (c) (1) Any cause of action arising out of the accident or collision against any person, in the case of the death of that person, shall survive against his or her administrator, executor, or other legal representative of his or her estate. (2) Service of summons when obtained upon any such nonresident owner, nonresident operator, or chauffeur; or resident owner, resident operator or chauffeur subsequently absenting himself or herself physically from the state; or his or her executor, administrator, or other legal representative of his or her estate, as provided in this section for the service of process, shall be deemed sufficient service of summons and process to give to any of the courts of this state jurisdiction over the cause of action and over such nonresident owner, nonresident operator, or chauffeur, or resident owner, resident operator, or chauffeur subsequently absenting himself or herself from the state, or the defendant, and shall warrant and authorize personal judgment against such nonresident owner, nonresident operator or chauffeur; resident owner, resident operator, or chauffeur subsequently absenting himself or herself from the state; executor, administrator, or other legal representative of his or her estate; or the defendant in the event that the plaintiff prevails in the action. Acts 1955, No. 38, §§ 1-3; 1959, No. 307, § 23; 1960 (Ex. Sess.), No. 11, § 1; 1963, No. 520, § 1; A.S.A. 1947, §§ 27-342.1 -- 27-342.3; Acts 1997, No. 1213, § 2.

(a) (1) The acceptance by a nonresident owner, chauffeur, driver, or operator, or by a resident owner, chauffeur, driver, or operator of any motor vehicle who subsequently absents himself or herself physically from the state, except such nonresident owners or operators, drivers, or chauffeurs as may have a designated agent within this state upon whom valid and binding service of process may be had under the laws of this state, of the rights and privileges conferred by the laws of the State of Arkansas to drive or operate or permit or cause to be operated or driven a motor vehicle upon the public highway, private property, and property owned or controlled by the United States Government within this state as evidenced by his or her or its operating or causing or permitting a motor vehicle to be operated or driven thereon or the operation by a nonresident owner, nonresident operator or chauffeur, or resident owner, operator, or chauffeur subsequently absenting himself or herself from the state, or the causing or permitting by the nonresident owner, nonresident operator or chauffeur or resident owner, resident operator, or chauffeur subsequently absenting himself or herself physically from the state, of a motor vehicle to be operated on the highway, private property, and property owned or controlled by the United States Government within the State of Arkansas shall be deemed equivalent to the appointment by the nonresident owner, nonresident operator, or chauffeur, or by the resident owner, resident operator, or chauffeur subsequently absenting himself or herself from the state, whether the nonresident owner, nonresident operator, or chauffeur or resident owner, resident operator, or chauffeur subsequently absenting himself or herself from the state, is an individual, firm, or corporation, of the Secretary of the State of Arkansas or his or her successor in office to be the true and lawful attorney and agent of the nonresident owner, or nonresident operator, or chauffeur or resident owner, resident operator, or chauffeur subsequently absenting himself or herself from the state upon whom may be served all lawful process in any action or proceedings against him or her against any such person, firm, or corporation, or in the case of death of any such person, against any administrator, executor, or other legal representative of his estate, growing out of any accident or collision in which the nonresident owner, nonresident operator, or chauffeur or resident owner, resident operator, or chauffeur subsequently absenting himself or herself from the state, or any agent, servant, or employee of any such nonresident owner, nonresident operator, or chauffeur or resident owner, resident operator, or chauffeur subsequently absenting himself or herself from the state, may be involved while operating a motor vehicle on a highway, private property, or property owned or controlled by the United States Government within this state, whether the nonresident operator or chauffeur or resident operator or chauffeur subsequently absenting himself or herself from the state is the owner of the motor vehicle or not. (2) Such acceptance or operation shall be a signification of the agreement of any such person, firm, or corporation, that any such process against any such person, firm, or corporation, or against the administrator, executor, or other legal representative of the estate of such person who may not have survived in such accident or collision, which is so served shall be of the same legal force and validity as if served on such person, firm, or corporation personally.

(1) The acceptance by a nonresident owner, chauffeur, driver, or operator, or by a resident owner, chauffeur, driver, or operator of any motor vehicle who subsequently absents himself or herself physically from the state, except such nonresident owners or operators, drivers, or chauffeurs as may have a designated agent within this state upon whom valid and binding service of process may be had under the laws of this state, of the rights and privileges conferred by the laws of the State of Arkansas to drive or operate or permit or cause to be operated or driven a motor vehicle upon the public highway, private property, and property owned or controlled by the United States Government within this state as evidenced by his or her or its operating or causing or permitting a motor vehicle to be operated or driven thereon or the operation by a nonresident owner, nonresident operator or chauffeur, or resident owner, operator, or chauffeur subsequently absenting himself or herself from the state, or the causing or permitting by the nonresident owner, nonresident operator or chauffeur or resident owner, resident operator, or chauffeur subsequently absenting himself or herself physically from the state, of a motor vehicle to be operated on the highway, private property, and property owned or controlled by the United States Government within the State of Arkansas shall be deemed equivalent to the appointment by the nonresident owner, nonresident operator, or chauffeur, or by the resident owner, resident operator, or chauffeur subsequently absenting himself or herself from the state, whether the nonresident owner, nonresident operator, or chauffeur or resident owner, resident operator, or chauffeur subsequently absenting himself or herself from the state, is an individual, firm, or corporation, of the Secretary of the State of Arkansas or his or her successor in office to be the true and lawful attorney and agent of the nonresident owner, or nonresident operator, or chauffeur or resident owner, resident operator, or chauffeur subsequently absenting himself or herself from the state upon whom may be served all lawful process in any action or proceedings against him or her against any such person, firm, or corporation, or in the case of death of any such person, against any administrator, executor, or other legal representative of his estate, growing out of any accident or collision in which the nonresident owner, nonresident operator, or chauffeur or resident owner, resident operator, or chauffeur subsequently absenting himself or herself from the state, or any agent, servant, or employee of any such nonresident owner, nonresident operator, or chauffeur or resident owner, resident operator, or chauffeur subsequently absenting himself or herself from the state, may be involved while operating a motor vehicle on a highway, private property, or property owned or controlled by the United States Government within this state, whether the nonresident operator or chauffeur or resident operator or chauffeur subsequently absenting himself or herself from the state is the owner of the motor vehicle or not.

(2) Such acceptance or operation shall be a signification of the agreement of any such person, firm, or corporation, that any such process against any such person, firm, or corporation, or against the administrator, executor, or other legal representative of the estate of such person who may not have survived in such accident or collision, which is so served shall be of the same legal force and validity as if served on such person, firm, or corporation personally.

(b) (1) Service of the process shall be made by serving a copy of the process on the Secretary of State, notifying the Secretary of State that service is being effected pursuant to this subsection, and paying the Secretary of State the sum of twenty-five dollars ($25.00). Such service shall be sufficient service upon the nonresident owner, nonresident operator, or chauffeur or upon the resident owner, resident operator, or chauffeur who has subsequently absented himself or herself physically from the state, or upon the executor, administrator, or other legal representative of his or her estate in case he or she has not survived such accident or collision or has since died, if notice of the service and a copy of the process are forthwith sent by registered mail by the plaintiff or his or her attorney to the defendant at his or her last known address or to the administrator, executor, or other legal representative of the estate in the case he or she has not survived the accident or collision or has since died, and notice of such service and a copy of the process are forthwith sent by registered mail by the plaintiff or his or her attorney to the defendant at his or her last known address, or to the administrator, executor, or other legal representative of the estate of the deceased wrongdoer or tortfeasor, and the defendant's return receipt, or the return receipt of the administrator, executor, or other legal representative of the estate of the deceased person, or the affidavit of the plaintiff or his or her attorney of compliance herewith are to be appended to the writ of process and entered and filed in the office of the clerk of the court wherein the cause is brought. The Secretary of State, upon receiving a copy of the service of summons shall also forthwith mail a copy of the summons together with a copy of the complaint by first class mail to the last and best known address of the named defendant in the suit, notifying him or her of the filing of the suit. (2) The court in which the action is pending may order any continuance as may be necessary to afford the defendant reasonable opportunity to defend the action.

(1) Service of the process shall be made by serving a copy of the process on the Secretary of State, notifying the Secretary of State that service is being effected pursuant to this subsection, and paying the Secretary of State the sum of twenty-five dollars ($25.00). Such service shall be sufficient service upon the nonresident owner, nonresident operator, or chauffeur or upon the resident owner, resident operator, or chauffeur who has subsequently absented himself or herself physically from the state, or upon the executor, administrator, or other legal representative of his or her estate in case he or she has not survived such accident or collision or has since died, if notice of the service and a copy of the process are forthwith sent by registered mail by the plaintiff or his or her attorney to the defendant at his or her last known address or to the administrator, executor, or other legal representative of the estate in the case he or she has not survived the accident or collision or has since died, and notice of such service and a copy of the process are forthwith sent by registered mail by the plaintiff or his or her attorney to the defendant at his or her last known address, or to the administrator, executor, or other legal representative of the estate of the deceased wrongdoer or tortfeasor, and the defendant's return receipt, or the return receipt of the administrator, executor, or other legal representative of the estate of the deceased person, or the affidavit of the plaintiff or his or her attorney of compliance herewith are to be appended to the writ of process and entered and filed in the office of the clerk of the court wherein the cause is brought. The Secretary of State, upon receiving a copy of the service of summons shall also forthwith mail a copy of the summons together with a copy of the complaint by first class mail to the last and best known address of the named defendant in the suit, notifying him or her of the filing of the suit.

(2) The court in which the action is pending may order any continuance as may be necessary to afford the defendant reasonable opportunity to defend the action.

(c) (1) Any cause of action arising out of the accident or collision against any person, in the case of the death of that person, shall survive against his or her administrator, executor, or other legal representative of his or her estate. (2) Service of summons when obtained upon any such nonresident owner, nonresident operator, or chauffeur; or resident owner, resident operator or chauffeur subsequently absenting himself or herself physically from the state; or his or her executor, administrator, or other legal representative of his or her estate, as provided in this section for the service of process, shall be deemed sufficient service of summons and process to give to any of the courts of this state jurisdiction over the cause of action and over such nonresident owner, nonresident operator, or chauffeur, or resident owner, resident operator, or chauffeur subsequently absenting himself or herself from the state, or the defendant, and shall warrant and authorize personal judgment against such nonresident owner, nonresident operator or chauffeur; resident owner, resident operator, or chauffeur subsequently absenting himself or herself from the state; executor, administrator, or other legal representative of his or her estate; or the defendant in the event that the plaintiff prevails in the action.

(1) Any cause of action arising out of the accident or collision against any person, in the case of the death of that person, shall survive against his or her administrator, executor, or other legal representative of his or her estate.

(2) Service of summons when obtained upon any such nonresident owner, nonresident operator, or chauffeur; or resident owner, resident operator or chauffeur subsequently absenting himself or herself physically from the state; or his or her executor, administrator, or other legal representative of his or her estate, as provided in this section for the service of process, shall be deemed sufficient service of summons and process to give to any of the courts of this state jurisdiction over the cause of action and over such nonresident owner, nonresident operator, or chauffeur, or resident owner, resident operator, or chauffeur subsequently absenting himself or herself from the state, or the defendant, and shall warrant and authorize personal judgment against such nonresident owner, nonresident operator or chauffeur; resident owner, resident operator, or chauffeur subsequently absenting himself or herself from the state; executor, administrator, or other legal representative of his or her estate; or the defendant in the event that the plaintiff prevails in the action.

Acts 1955, No. 38, §§ 1-3; 1959, No. 307, § 23; 1960 (Ex. Sess.), No. 11, § 1; 1963, No. 520, § 1; A.S.A. 1947, §§ 27-342.1 -- 27-342.3; Acts 1997, No. 1213, § 2.
Ark. Code Ann. § 16-13-703 — AR Code / Title 16 / Chapter 13 / Subchapter 7 / Section 16-13-703
Imprisonment
Status: in_force

(a) When a defendant sentenced to pay a fine defaults in the payment thereof, or of any installment, the court, upon its own motion or that of the prosecuting attorney, may require him or her to show cause why he or she should not be imprisoned for nonpayment. (b) The court may issue a warrant of arrest or summons for his or her appearance. (c) (1) Unless the defendant shows that his or her default was not attributable to a purposeful refusal to obey the sentence of the court or to a failure on his or her part to make a good-faith effort to obtain the funds required for payment, the court may order the defendant imprisoned in the county jail or other authorized institution designated by the court until the fine or specified part thereof is paid. (2) (A) The period of imprisonment shall not exceed one (1) day for each forty dollars ($40.00) of the fine, thirty (30) days if the fine was imposed upon conviction of a misdemeanor, or one (1) year if the fine was imposed upon conviction of a felony, whichever is the shorter period. (B) The total amount of fines owed shall not automatically be reduced by the period of imprisonment, but the court may credit forty dollars ($40.00) for each day of imprisonment against the total fine, excluding any amount owed for restitution, the defendant has been sentenced to pay. (3) This subsection is in addition to the revocation options contained in § 16-93-308 . (d) If the court determines that the default in payment of the fine is not attributable to the causes specified in subsection (c) of this section, the court may enter an order allowing the defendant additional time for payment, reducing the amount of each installment, or revoking the fine or the unpaid portion thereof in whole or in part. Amended by Act 2013, No. 225,§ 1, eff. 8/16/2013. Acts 1995, No. 1262, § 4; 2003, No. 1765, § 9.

(a) When a defendant sentenced to pay a fine defaults in the payment thereof, or of any installment, the court, upon its own motion or that of the prosecuting attorney, may require him or her to show cause why he or she should not be imprisoned for nonpayment.

(b) The court may issue a warrant of arrest or summons for his or her appearance.

(c) (1) Unless the defendant shows that his or her default was not attributable to a purposeful refusal to obey the sentence of the court or to a failure on his or her part to make a good-faith effort to obtain the funds required for payment, the court may order the defendant imprisoned in the county jail or other authorized institution designated by the court until the fine or specified part thereof is paid. (2) (A) The period of imprisonment shall not exceed one (1) day for each forty dollars ($40.00) of the fine, thirty (30) days if the fine was imposed upon conviction of a misdemeanor, or one (1) year if the fine was imposed upon conviction of a felony, whichever is the shorter period. (B) The total amount of fines owed shall not automatically be reduced by the period of imprisonment, but the court may credit forty dollars ($40.00) for each day of imprisonment against the total fine, excluding any amount owed for restitution, the defendant has been sentenced to pay. (3) This subsection is in addition to the revocation options contained in § 16-93-308 .

(1) Unless the defendant shows that his or her default was not attributable to a purposeful refusal to obey the sentence of the court or to a failure on his or her part to make a good-faith effort to obtain the funds required for payment, the court may order the defendant imprisoned in the county jail or other authorized institution designated by the court until the fine or specified part thereof is paid.

(2) (A) The period of imprisonment shall not exceed one (1) day for each forty dollars ($40.00) of the fine, thirty (30) days if the fine was imposed upon conviction of a misdemeanor, or one (1) year if the fine was imposed upon conviction of a felony, whichever is the shorter period. (B) The total amount of fines owed shall not automatically be reduced by the period of imprisonment, but the court may credit forty dollars ($40.00) for each day of imprisonment against the total fine, excluding any amount owed for restitution, the defendant has been sentenced to pay.

(A) The period of imprisonment shall not exceed one (1) day for each forty dollars ($40.00) of the fine, thirty (30) days if the fine was imposed upon conviction of a misdemeanor, or one (1) year if the fine was imposed upon conviction of a felony, whichever is the shorter period.

(B) The total amount of fines owed shall not automatically be reduced by the period of imprisonment, but the court may credit forty dollars ($40.00) for each day of imprisonment against the total fine, excluding any amount owed for restitution, the defendant has been sentenced to pay.

(3) This subsection is in addition to the revocation options contained in § 16-93-308 .

(d) If the court determines that the default in payment of the fine is not attributable to the causes specified in subsection (c) of this section, the court may enter an order allowing the defendant additional time for payment, reducing the amount of each installment, or revoking the fine or the unpaid portion thereof in whole or in part.

Amended by Act 2013, No. 225,§ 1, eff. 8/16/2013.

Acts 1995, No. 1262, § 4; 2003, No. 1765, § 9.
Ark. Code Ann. § 16-112-120 — AR Code / Title 16 / Chapter 112 / Subchapter 1 / Section 16-112-120
Subsequent imprisonment or commitment prohibited - Exceptions
Status: in_force

A person released upon a writ of habeas corpus shall not again be imprisoned or committed for the same offense, except by the legal order or process of the court wherein he or she shall be bound by recognizance to appear or some other court having jurisdiction of the same cause. Crim. Code, § 388; Acts 1871, No. 49, § 1 [388], p. 255; C. & M. Dig., § 5117; Pope's Dig., § 6380; A.S.A. 1947, § 34-1739.

A person released upon a writ of habeas corpus shall not again be imprisoned or committed for the same offense, except by the legal order or process of the court wherein he or she shall be bound by recognizance to appear or some other court having jurisdiction of the same cause.

Crim. Code, § 388; Acts 1871, No. 49, § 1 [388], p. 255; C. & M. Dig., § 5117; Pope's Dig., § 6380; A.S.A. 1947, § 34-1739.
Ark. Code Ann. § 16-56-112 — AR Code / Title 16 / Chapter 56 / Subchapter 1 / Section 16-56-112
Design, planning, supervision, or observation of construction, repair, etc. - Actions for property damage, personal injury, or wrongful death
Status: in_force

(a) No action in contract, whether oral or written, sealed or unsealed, to recover damages caused by any deficiency in the design, planning, supervision, or observation of construction or the construction and repair of any improvement to real property or for injury to real or personal property caused by such deficiency, shall be brought against any person performing or furnishing the design, planning, supervision, or observation of construction or the construction or repair of the improvement more than five (5) years after substantial completion of the improvement. (b) (1) No action in tort or contract, whether oral or written, sealed or unsealed, to recover damages for personal injury or wrongful death caused by any deficiency in the design, planning, supervision, or observation of construction or the construction and repairing of any improvement to real property shall be brought against any person performing or furnishing the design, planning, supervision, or observation of construction or the construction and repair of the improvement more than four (4) years after substantial completion of the improvement. (2) Notwithstanding the provisions of subdivision (b)(1) of this section, in the case of personal injury or an injury causing wrongful death, which injury occurred during the third year after the substantial completion, an action in tort or contract to recover damages for the injury or wrongful death may be brought within one (1) year after the date on which injury occurred, irrespective of the date of death, but in no event shall such an action be brought more than five (5) years after the substantial completion of construction of such improvement. (c) The foregoing limitations shall also apply to any action for damages caused by any deficiency in surveying, establishing, or making the boundaries of real property, the preparation of maps, or the performance of any other engineering or architectural work upon real property or improvements to real property. (d) The limitations prescribed by this section shall not apply in the event of fraudulent concealment of the deficiency, nor shall the limitation be asserted by way of defense by any person in actual possession or control, as owner, tenant, or otherwise, of such an improvement at the time any deficiency in the improvement constitutes the proximate cause of the injury or death. (e) If a person furnishes designs or plans which are not used within three (3) years from the date they are furnished, no action shall lie against that person for deficiency in the designs or plans. (f) Nothing in this section shall be construed as extending the period prescribed by the laws of this state for the bringing of any cause of action, nor shall the parties to any contract for construction extend the above prescribed limitations by agreement or otherwise. (g) As used in this section, the term "person" shall mean an individual, corporation, trust, partnership, unincorporated organization, limited liability company, or any other business association or entity. (h) (1) It is the intent of the General Assembly and the purpose of this subsection to reinstate and to codify the accepted-work doctrine for publicly owned improvements to public property, which was repudiated by the Arkansas Supreme Court in Suneson v. Holloway Construction Co., 337 Ark. 571 (1999). (2) (A) A contractor who performs the construction or repair of any publicly owned improvement to public real property in substantial compliance with the designs or plans, after a practical acceptance of the completion of the improvement by the person representing the government entity in actual possession or control thereof as proprietor, owner, tenant, or otherwise, shall incur no further liability to third parties by reason of the condition of the work unless contracted otherwise by the parties. (B) The contractor may be liable for an improvement that is a nuisance per se, or that contains a defect that could not reasonably be detected on inspection by the proprietor, or that was turned over by the contractor in a manner so negligently defective as to be eminently dangerous to third persons. Acts 1967, No. 42, §§ 1-8; A.S.A. 1947, §§ 37-237 -- 37-244; Acts 2001, No. 1119, §§ 1, 2.

(a) No action in contract, whether oral or written, sealed or unsealed, to recover damages caused by any deficiency in the design, planning, supervision, or observation of construction or the construction and repair of any improvement to real property or for injury to real or personal property caused by such deficiency, shall be brought against any person performing or furnishing the design, planning, supervision, or observation of construction or the construction or repair of the improvement more than five (5) years after substantial completion of the improvement.

(b) (1) No action in tort or contract, whether oral or written, sealed or unsealed, to recover damages for personal injury or wrongful death caused by any deficiency in the design, planning, supervision, or observation of construction or the construction and repairing of any improvement to real property shall be brought against any person performing or furnishing the design, planning, supervision, or observation of construction or the construction and repair of the improvement more than four (4) years after substantial completion of the improvement. (2) Notwithstanding the provisions of subdivision (b)(1) of this section, in the case of personal injury or an injury causing wrongful death, which injury occurred during the third year after the substantial completion, an action in tort or contract to recover damages for the injury or wrongful death may be brought within one (1) year after the date on which injury occurred, irrespective of the date of death, but in no event shall such an action be brought more than five (5) years after the substantial completion of construction of such improvement.

(1) No action in tort or contract, whether oral or written, sealed or unsealed, to recover damages for personal injury or wrongful death caused by any deficiency in the design, planning, supervision, or observation of construction or the construction and repairing of any improvement to real property shall be brought against any person performing or furnishing the design, planning, supervision, or observation of construction or the construction and repair of the improvement more than four (4) years after substantial completion of the improvement.

(2) Notwithstanding the provisions of subdivision (b)(1) of this section, in the case of personal injury or an injury causing wrongful death, which injury occurred during the third year after the substantial completion, an action in tort or contract to recover damages for the injury or wrongful death may be brought within one (1) year after the date on which injury occurred, irrespective of the date of death, but in no event shall such an action be brought more than five (5) years after the substantial completion of construction of such improvement.

(c) The foregoing limitations shall also apply to any action for damages caused by any deficiency in surveying, establishing, or making the boundaries of real property, the preparation of maps, or the performance of any other engineering or architectural work upon real property or improvements to real property.

(d) The limitations prescribed by this section shall not apply in the event of fraudulent concealment of the deficiency, nor shall the limitation be asserted by way of defense by any person in actual possession or control, as owner, tenant, or otherwise, of such an improvement at the time any deficiency in the improvement constitutes the proximate cause of the injury or death.

(e) If a person furnishes designs or plans which are not used within three (3) years from the date they are furnished, no action shall lie against that person for deficiency in the designs or plans.

(f) Nothing in this section shall be construed as extending the period prescribed by the laws of this state for the bringing of any cause of action, nor shall the parties to any contract for construction extend the above prescribed limitations by agreement or otherwise.

(g) As used in this section, the term "person" shall mean an individual, corporation, trust, partnership, unincorporated organization, limited liability company, or any other business association or entity.

(h) (1) It is the intent of the General Assembly and the purpose of this subsection to reinstate and to codify the accepted-work doctrine for publicly owned improvements to public property, which was repudiated by the Arkansas Supreme Court in Suneson v. Holloway Construction Co., 337 Ark. 571 (1999). (2) (A) A contractor who performs the construction or repair of any publicly owned improvement to public real property in substantial compliance with the designs or plans, after a practical acceptance of the completion of the improvement by the person representing the government entity in actual possession or control thereof as proprietor, owner, tenant, or otherwise, shall incur no further liability to third parties by reason of the condition of the work unless contracted otherwise by the parties. (B) The contractor may be liable for an improvement that is a nuisance per se, or that contains a defect that could not reasonably be detected on inspection by the proprietor, or that was turned over by the contractor in a manner so negligently defective as to be eminently dangerous to third persons.

(1) It is the intent of the General Assembly and the purpose of this subsection to reinstate and to codify the accepted-work doctrine for publicly owned improvements to public property, which was repudiated by the Arkansas Supreme Court in Suneson v. Holloway Construction Co., 337 Ark. 571 (1999).

(2) (A) A contractor who performs the construction or repair of any publicly owned improvement to public real property in substantial compliance with the designs or plans, after a practical acceptance of the completion of the improvement by the person representing the government entity in actual possession or control thereof as proprietor, owner, tenant, or otherwise, shall incur no further liability to third parties by reason of the condition of the work unless contracted otherwise by the parties. (B) The contractor may be liable for an improvement that is a nuisance per se, or that contains a defect that could not reasonably be detected on inspection by the proprietor, or that was turned over by the contractor in a manner so negligently defective as to be eminently dangerous to third persons.

(A) A contractor who performs the construction or repair of any publicly owned improvement to public real property in substantial compliance with the designs or plans, after a practical acceptance of the completion of the improvement by the person representing the government entity in actual possession or control thereof as proprietor, owner, tenant, or otherwise, shall incur no further liability to third parties by reason of the condition of the work unless contracted otherwise by the parties.

(B) The contractor may be liable for an improvement that is a nuisance per se, or that contains a defect that could not reasonably be detected on inspection by the proprietor, or that was turned over by the contractor in a manner so negligently defective as to be eminently dangerous to third persons.

Acts 1967, No. 42, §§ 1-8; A.S.A. 1947, §§ 37-237 -- 37-244; Acts 2001, No. 1119, §§ 1, 2.
Ark. Code Ann. § 16-4-107 — AR Code / Title 16 / Chapter 4 / Section 16-4-107
Severability
Status: in_force

If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable. Acts 1963, No. 101, § 7; A.S.A. 1947, § 27-2507n.

If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.

Acts 1963, No. 101, § 7; A.S.A. 1947, § 27-2507n.
Ark. Code Ann. § 16-64-117 — AR Code / Title 16 / Chapter 64 / Section 16-64-117
Separation of jury - Admonishment by court
Status: in_force

If the jury is permitted to separate, either during the trial or after the case is submitted to them, they may be admonished by the court that it is their duty not to converse with or allow themselves to be addressed by any other person on any subject of the trial and, during the trial, that it is their duty not to form or express an opinion thereon until the cause is finally submitted to them. Civil Code, § 352; C. & M. Dig., § 1295; Pope's Dig., § 1520; A.S.A. 1947, § 27-1733.

If the jury is permitted to separate, either during the trial or after the case is submitted to them, they may be admonished by the court that it is their duty not to converse with or allow themselves to be addressed by any other person on any subject of the trial and, during the trial, that it is their duty not to form or express an opinion thereon until the cause is finally submitted to them.

Civil Code, § 352; C. & M. Dig., § 1295; Pope's Dig., § 1520; A.S.A. 1947, § 27-1733.