Ark. Code Ann. § 16-56-118 — AR Code / Title 16 / Chapter 56 / Subchapter 1 / Section 16-56-118
Suspension of limitations - Persons in the armed forces
Status: in_force

(a) The statutes of limitations in this state are suspended so far as those statutes affect the claim or cause of action of a person in the armed forces of the United States during the existence of a state of war between the United States and any other nation, and for six (6) months thereafter. (b) Any person in the armed forces of the United States during the existence of a state of war between the United States and any other nation may, at any time within one (1) year after the end of the state of war and six (6) months thereafter, maintain a suit for the collection of any debt or the recovery of any real or personal property to which the person may be entitled if the statute of limitations had not run against the action prior to the person's entry into the armed forces of the United States. Acts 1943, No. 159, §§ 1, 2; A.S.A. 1947, §§ 37-227, 37-228.

(a) The statutes of limitations in this state are suspended so far as those statutes affect the claim or cause of action of a person in the armed forces of the United States during the existence of a state of war between the United States and any other nation, and for six (6) months thereafter.

(b) Any person in the armed forces of the United States during the existence of a state of war between the United States and any other nation may, at any time within one (1) year after the end of the state of war and six (6) months thereafter, maintain a suit for the collection of any debt or the recovery of any real or personal property to which the person may be entitled if the statute of limitations had not run against the action prior to the person's entry into the armed forces of the United States.

Acts 1943, No. 159, §§ 1, 2; A.S.A. 1947, §§ 37-227, 37-228.
Ark. Code Ann. § 16-58-115 — AR Code / Title 16 / Chapter 58 / Section 16-58-115
Sheriff to note time of service
Status: in_force

When a sheriff serves a summons, he or she shall note on the copy of the summons delivered or offered to the defendant or left at the defendant's residence the time and date the summons was served. Acts 1979, No. 364, § 1; A.S.A. 1947, § 27-322.1.

When a sheriff serves a summons, he or she shall note on the copy of the summons delivered or offered to the defendant or left at the defendant's residence the time and date the summons was served.

Acts 1979, No. 364, § 1; A.S.A. 1947, § 27-322.1.
Ark. Code Ann. § 16-17-941 — AR Code / Title 16 / Chapter 17 / Subchapter 9 / Section 16-17-941
Cross County District Court
Status: in_force

(a) (1) Cross County shall have one (1) district court with three (3) departments: (A) One (1) located in Wynne; (B) One (1) located in Cherry Valley; and (C) One (1) located in Parkin. (2) All three (3) departments are to be served by one (1) judge. (b) The Cross County District Court Judge shall be elected countywide. (c) The Cross County District Court shall have countywide jurisdiction. Amended by Act 2017, No. 723,§ 1, eff. 8/1/2017. Acts 2007, No. 663, § 51.

(a) (1) Cross County shall have one (1) district court with three (3) departments: (A) One (1) located in Wynne; (B) One (1) located in Cherry Valley; and (C) One (1) located in Parkin. (2) All three (3) departments are to be served by one (1) judge.

(1) Cross County shall have one (1) district court with three (3) departments: (A) One (1) located in Wynne; (B) One (1) located in Cherry Valley; and (C) One (1) located in Parkin.

(A) One (1) located in Wynne;

(B) One (1) located in Cherry Valley; and

(C) One (1) located in Parkin.

(2) All three (3) departments are to be served by one (1) judge.

(b) The Cross County District Court Judge shall be elected countywide.

(c) The Cross County District Court shall have countywide jurisdiction.

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

Acts 2007, No. 663, § 51.
Ark. Code Ann. § 16-66-117 — AR Code / Title 16 / Chapter 66 / Subchapter 1 / Section 16-66-117
Bonds in executions and judicial sales
Status: in_force

(a) Every bond taken on the sale of property under an order or decree in equity or on the sale of property under execution, and every stay bond and forthcoming bond shall be signed by the principal and sureties and attested by the person taking the bond or someone in his or her presence. (b) A bond so taken shall be returned to the proper officer with the report of the acts of the person taking it and, if taken under execution, the latter must be returned with the bond. (c) All such bonds shall have the force and effect of a judgment on which an execution may issue. The execution shall be endorsed to the effect that no surety of any kind is to be taken. (d) The officer taking any of the bonds described in subsection (a) of this section and his or her sureties, or their representatives, shall be jointly and severally liable to the person injured for any damages he or she may sustain by the officer's failing to discharge his or her duty in the taking of the bond. (e) (1) If one (1) of several obligors or obligees in a bond having the force and effect of a judgment dies before the judgment is satisfied, execution may issue on the bond in the name of the surviving obligees against the obligors or the survivor. (2) When all the obligees in a bond as specified in subdivision (e)(1) of this section die, their personal representatives may, if the bond is not satisfied, sue out execution thereon after its maturity against the obligors, or their personal representatives if all the obligors are dead, or if only some of the obligors are dead, against the survivor and the personal representatives of the deceased. (f) When a bond having the force of a judgment is quashed, a new execution may issue on the original judgment at the instance of the plaintiff in the same manner as if that bond had never been given. Civil Code, §§ 685-689; C. & M. Dig., §§ 4304-4310; Pope's Dig., §§ 5316-5322; A.S.A. 1947, §§ 30-601 -- 30-605.

(a) Every bond taken on the sale of property under an order or decree in equity or on the sale of property under execution, and every stay bond and forthcoming bond shall be signed by the principal and sureties and attested by the person taking the bond or someone in his or her presence.

(b) A bond so taken shall be returned to the proper officer with the report of the acts of the person taking it and, if taken under execution, the latter must be returned with the bond.

(c) All such bonds shall have the force and effect of a judgment on which an execution may issue. The execution shall be endorsed to the effect that no surety of any kind is to be taken.

(d) The officer taking any of the bonds described in subsection (a) of this section and his or her sureties, or their representatives, shall be jointly and severally liable to the person injured for any damages he or she may sustain by the officer's failing to discharge his or her duty in the taking of the bond.

(e) (1) If one (1) of several obligors or obligees in a bond having the force and effect of a judgment dies before the judgment is satisfied, execution may issue on the bond in the name of the surviving obligees against the obligors or the survivor. (2) When all the obligees in a bond as specified in subdivision (e)(1) of this section die, their personal representatives may, if the bond is not satisfied, sue out execution thereon after its maturity against the obligors, or their personal representatives if all the obligors are dead, or if only some of the obligors are dead, against the survivor and the personal representatives of the deceased.

(1) If one (1) of several obligors or obligees in a bond having the force and effect of a judgment dies before the judgment is satisfied, execution may issue on the bond in the name of the surviving obligees against the obligors or the survivor.

(2) When all the obligees in a bond as specified in subdivision (e)(1) of this section die, their personal representatives may, if the bond is not satisfied, sue out execution thereon after its maturity against the obligors, or their personal representatives if all the obligors are dead, or if only some of the obligors are dead, against the survivor and the personal representatives of the deceased.

(f) When a bond having the force of a judgment is quashed, a new execution may issue on the original judgment at the instance of the plaintiff in the same manner as if that bond had never been given.

Civil Code, §§ 685-689; C. & M. Dig., §§ 4304-4310; Pope's Dig., §§ 5316-5322; A.S.A. 1947, §§ 30-601 -- 30-605.
Ark. Code Ann. § 16-63-302 — AR Code / Title 16 / Chapter 63 / Subchapter 3 / Section 16-63-302
Failure to join actions - Costs
Status: in_force

When any plaintiff brings in the same court several suits against the same defendant or defendants for causes of action that may be joined, the plaintiff shall recover only the costs of one (1) action. The costs of the other actions shall be adjudged against him or her unless sufficient reason appears to the court for bringing several actions. Rev. Stat., ch. 116, § 133; C. & M. Dig., § 1082; Pope's Dig., § 1290; A.S.A. 1947, § 27-1306.

When any plaintiff brings in the same court several suits against the same defendant or defendants for causes of action that may be joined, the plaintiff shall recover only the costs of one (1) action. The costs of the other actions shall be adjudged against him or her unless sufficient reason appears to the court for bringing several actions.

Rev. Stat., ch. 116, § 133; C. & M. Dig., § 1082; Pope's Dig., § 1290; A.S.A. 1947, § 27-1306.
Ark. Code Ann. § 16-98-201 — AR Code / Title 16 / Chapter 98 / Subchapter 2 / Section 16-98-201
Qualifications - Waiver
Status: in_force

Any judicial district, with the agreement of the parties, may establish a program whereby a defendant may be transferred to a pretrial or post-trial treatment program for drug abuse, provided that: (1) The treatment program is at least one (1) year in length and meets the minimum standards of treatment promulgated by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services; (2) The charge or charges against the defendant carries a punishment which may be suspended; (3) The defendant waives his or her rights to a speedy trial and such other rights as are agreed to by the parties and executes a consent for a limited release of confidential information regarding treatment permitting the judge, the prosecutor, and the defense attorney access to information relating to attendance, attitude, participation, and results of drug screens; and (4) (A) The defendant is eighteen (18) years of age or older. (B) This provision may be waived with the consent of the prosecuting attorney. Amended by Act 2017, No. 913,§ 44, eff. 8/1/2017. Amended by Act 2013, No. 1107,§ 14, eff. 8/16/2013. Acts 1994 (2nd Ex. Sess.), No. 53, § 1.

Any judicial district, with the agreement of the parties, may establish a program whereby a defendant may be transferred to a pretrial or post-trial treatment program for drug abuse, provided that:

(1) The treatment program is at least one (1) year in length and meets the minimum standards of treatment promulgated by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services;

(2) The charge or charges against the defendant carries a punishment which may be suspended;

(3) The defendant waives his or her rights to a speedy trial and such other rights as are agreed to by the parties and executes a consent for a limited release of confidential information regarding treatment permitting the judge, the prosecutor, and the defense attorney access to information relating to attendance, attitude, participation, and results of drug screens; and

(4) (A) The defendant is eighteen (18) years of age or older. (B) This provision may be waived with the consent of the prosecuting attorney.

(A) The defendant is eighteen (18) years of age or older.

(B) This provision may be waived with the consent of the prosecuting attorney.

Amended by Act 2017, No. 913,§ 44, eff. 8/1/2017.

Amended by Act 2013, No. 1107,§ 14, eff. 8/16/2013.

Acts 1994 (2nd Ex. Sess.), No. 53, § 1.
Ark. Code Ann. § 16-81-110 — AR Code / Title 16 / Chapter 81 / Subchapter 1 / Section 16-81-110
Return on the warrant
Status: in_force

(a) (1) The sheriff or officer who has executed a warrant of arrest shall make a written return on the warrant of the time and manner of executing it and deliver the warrant to the judge or magistrate before whom the defendant is brought. (2) If bail is given as provided in § 16-81-109(a)(2) , the officer shall deliver the warrant and bail bond to the judge or magistrate before whom, or to the clerk of the court in which, the defendant is bound by the bail bond to appear. (b) If the arrest is made in a different county from that in which the offense is charged to have been committed and bail is given, the sheriff or officer may transmit the warrant and bail bond by mail to the person to whom by subsection (a) of this section he or she is required to deliver them. Crim. Code, §§ 30, 31; C. & M. Dig., §§ 2901, 2902; Pope's Dig., §§ 3717, 3718; A.S.A. 1947, §§ 43-421, 43-422; Acts 2005, No. 1994, § 268.

(a) (1) The sheriff or officer who has executed a warrant of arrest shall make a written return on the warrant of the time and manner of executing it and deliver the warrant to the judge or magistrate before whom the defendant is brought. (2) If bail is given as provided in § 16-81-109(a)(2) , the officer shall deliver the warrant and bail bond to the judge or magistrate before whom, or to the clerk of the court in which, the defendant is bound by the bail bond to appear.

(1) The sheriff or officer who has executed a warrant of arrest shall make a written return on the warrant of the time and manner of executing it and deliver the warrant to the judge or magistrate before whom the defendant is brought.

(2) If bail is given as provided in § 16-81-109(a)(2) , the officer shall deliver the warrant and bail bond to the judge or magistrate before whom, or to the clerk of the court in which, the defendant is bound by the bail bond to appear.

(b) If the arrest is made in a different county from that in which the offense is charged to have been committed and bail is given, the sheriff or officer may transmit the warrant and bail bond by mail to the person to whom by subsection (a) of this section he or she is required to deliver them.

Crim. Code, §§ 30, 31; C. & M. Dig., §§ 2901, 2902; Pope's Dig., §§ 3717, 3718; A.S.A. 1947, §§ 43-421, 43-422; Acts 2005, No. 1994, § 268.
Ark. Code Ann. § 16-90-205 — AR Code / Title 16 / Chapter 90 / Subchapter 2 / Section 16-90-205
Trial procedure for habitual criminals
Status: in_force

The following trial procedure shall be adhered to in cases involving habitual criminals: (1) The jury shall first hear all of the evidence pertaining to the current charge against the defendant and shall retire to reach its verdict as to this charge based only upon the evidence. However, nothing in this subdivision (1) shall prohibit cross-examination of a defendant as to previous convictions when the defendant takes the stand in his or her own defense; (2) If the defendant is found guilty, the same jury shall sit again and hear evidence of the defendant's prior conviction or convictions. However, the defendant shall have the right to deny the existence of any prior convictions and to offer evidence in support of this denial; and (3) The jury shall again retire, and if it is found that one (1) or more prior convictions exist or if the defendant admits the previous conviction or convictions, then the prior conviction or convictions shall be considered in fixing the punishment for the current offense for which the defendant has been convicted in accordance with § 16-90-201 . Acts 1967, No. 639, § 2; A.S.A. 1947, § 43-2330.1.

The following trial procedure shall be adhered to in cases involving habitual criminals:

(1) The jury shall first hear all of the evidence pertaining to the current charge against the defendant and shall retire to reach its verdict as to this charge based only upon the evidence. However, nothing in this subdivision (1) shall prohibit cross-examination of a defendant as to previous convictions when the defendant takes the stand in his or her own defense;

(2) If the defendant is found guilty, the same jury shall sit again and hear evidence of the defendant's prior conviction or convictions. However, the defendant shall have the right to deny the existence of any prior convictions and to offer evidence in support of this denial; and

(3) The jury shall again retire, and if it is found that one (1) or more prior convictions exist or if the defendant admits the previous conviction or convictions, then the prior conviction or convictions shall be considered in fixing the punishment for the current offense for which the defendant has been convicted in accordance with § 16-90-201 .

Acts 1967, No. 639, § 2; A.S.A. 1947, § 43-2330.1.
Ark. Code Ann. § 16-17-947 — AR Code / Title 16 / Chapter 17 / Subchapter 9 / Section 16-17-947
Jackson County District Court
Status: in_force

(a) (1) Jackson County shall have one (1) district court with four (4) departments: (A) One (1) located in Newport; (B) One (1) located in Diaz; (C) One (1) located in Swifton; and (D) One (1) located in Tuckerman. (2) All four (4) departments are to be served by one (1) judge. (b) The Jackson County District Court Judge shall be elected countywide. (c) The Jackson County District Court shall have countywide jurisdiction. Amended by Act 2017, No. 723,§ 1, eff. 8/1/2017. Acts 2007, No. 663, § 51.

(a) (1) Jackson County shall have one (1) district court with four (4) departments: (A) One (1) located in Newport; (B) One (1) located in Diaz; (C) One (1) located in Swifton; and (D) One (1) located in Tuckerman. (2) All four (4) departments are to be served by one (1) judge.

(1) Jackson County shall have one (1) district court with four (4) departments: (A) One (1) located in Newport; (B) One (1) located in Diaz; (C) One (1) located in Swifton; and (D) One (1) located in Tuckerman.

(A) One (1) located in Newport;

(B) One (1) located in Diaz;

(C) One (1) located in Swifton; and

(D) One (1) located in Tuckerman.

(2) All four (4) departments are to be served by one (1) judge.

(b) The Jackson County District Court Judge shall be elected countywide.

(c) The Jackson County District Court shall have countywide jurisdiction.

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

Acts 2007, No. 663, § 51.
Ark. Code Ann. § 16-13-2201 — AR Code / Title 16 / Chapter 13 / Subchapter 22 / Section 16-13-2201
Composition
Status: in_force

The Fourteenth Judicial District shall be composed of the counties of Baxter, Boone, Marion, and Newton. Acts 1977, No. 432, § 1; A.S.A. 1947, § 22-365.

The Fourteenth Judicial District shall be composed of the counties of Baxter, Boone, Marion, and Newton.

Acts 1977, No. 432, § 1; A.S.A. 1947, § 22-365.
Ark. Code Ann. § 16-113-203 — AR Code / Title 16 / Chapter 113 / Subchapter 2 / Section 16-113-203
Injunction bonds
Status: in_force

(a) In every case, the court or judge granting an injunction shall specify in the order therefor an amount, for which the party obtaining it shall give security in a bond to the party enjoined, before the injunction shall become effectual. The amount of the bond shall be sufficient to cover all the probable damages and costs that may be occasioned by the injunction. (b) The court or judge may prescribe the effect of the bond, so as to secure to the party enjoined the damages to which he or she may become entitled if it is finally decided that the injunction ought not to have been granted. (c) (1) Where the injunction is to stay proceedings upon a judgment or final order for money, the amount for which security is required shall be sufficient to cover, with other damages, the sum enjoined, with five (5) years' interest thereon. (2) When the injunction is to stay proceedings upon a judgment for property, the amount specified in the order shall be sufficient to cover also the rent, hire, or value of the use thereof for two (2) years; and in case of personal property, its value likewise. (d) The order of injunction shall not be issued by the clerk until the bond mentioned in subsections (a)-(c) of this section has been executed in his or her office by one (1) or more sufficient sureties of the party obtaining the injunction. (e) (1) Where the injunction is to stay proceedings upon a judgment or final order, the bond shall be to the effect that the party obtaining the injunction will satisfy the judgment or order, or so much of it as is enjoined, to the extent to which the injunction may be dissolved and that he or she will also satisfy any modified judgment or order that may be rendered or made in lieu of it, or so much of it as exceeds the amount left unenjoined. (2) In other cases, unless otherwise directed by the court or judge, the bond shall be to the effect that the party giving it will pay to the party enjoined such damages as he or she may sustain if it is finally decided that the injunction ought not to have been granted. (f) (1) In case of injunction to stay proceedings upon a judgment or final order, the officer granting the injunction may authorize a bond to be executed to the effect that the party obtaining the injunction will pay to the party enjoined such damages as he or she may sustain if it is finally decided that the injunction ought not to have been granted. (2) However, if, at the time the injunction is granted and bond executed, any execution or attachment has been levied upon the property of the party obtaining the injunction, the levy shall not be discharged by reason of the injunction, but it shall remain in full force until the final decision as to the injunction unless the party obtaining the injunction shall give bond in the form prescribed by law. (g) Sureties in injunction bonds shall be taken by the clerk, under the same responsibilities as in other cases of sureties taken by him or her. (h) (1) A party enjoined may, at any time before judgment, upon reasonable notice to the party who has obtained the injunction, move the court for additional security on behalf of the party enjoined. (2) If it appears on the notice that the surety in the injunction bond has removed from this state, or is insufficient, the court may vacate the order of injunction unless in a reasonable time sufficient security is given. Civil Code, §§ 302-304, 313, 314; C. & M. Dig., §§ 5801-5808, 5819; Pope's Dig., §§ 7517-7524, 7535; A.S.A. 1947, §§ 32-206 -- 32-210.

(a) In every case, the court or judge granting an injunction shall specify in the order therefor an amount, for which the party obtaining it shall give security in a bond to the party enjoined, before the injunction shall become effectual. The amount of the bond shall be sufficient to cover all the probable damages and costs that may be occasioned by the injunction.

(b) The court or judge may prescribe the effect of the bond, so as to secure to the party enjoined the damages to which he or she may become entitled if it is finally decided that the injunction ought not to have been granted.

(c) (1) Where the injunction is to stay proceedings upon a judgment or final order for money, the amount for which security is required shall be sufficient to cover, with other damages, the sum enjoined, with five (5) years' interest thereon. (2) When the injunction is to stay proceedings upon a judgment for property, the amount specified in the order shall be sufficient to cover also the rent, hire, or value of the use thereof for two (2) years; and in case of personal property, its value likewise.

(1) Where the injunction is to stay proceedings upon a judgment or final order for money, the amount for which security is required shall be sufficient to cover, with other damages, the sum enjoined, with five (5) years' interest thereon.

(2) When the injunction is to stay proceedings upon a judgment for property, the amount specified in the order shall be sufficient to cover also the rent, hire, or value of the use thereof for two (2) years; and in case of personal property, its value likewise.

(d) The order of injunction shall not be issued by the clerk until the bond mentioned in subsections (a)-(c) of this section has been executed in his or her office by one (1) or more sufficient sureties of the party obtaining the injunction.

(e) (1) Where the injunction is to stay proceedings upon a judgment or final order, the bond shall be to the effect that the party obtaining the injunction will satisfy the judgment or order, or so much of it as is enjoined, to the extent to which the injunction may be dissolved and that he or she will also satisfy any modified judgment or order that may be rendered or made in lieu of it, or so much of it as exceeds the amount left unenjoined. (2) In other cases, unless otherwise directed by the court or judge, the bond shall be to the effect that the party giving it will pay to the party enjoined such damages as he or she may sustain if it is finally decided that the injunction ought not to have been granted.

(1) Where the injunction is to stay proceedings upon a judgment or final order, the bond shall be to the effect that the party obtaining the injunction will satisfy the judgment or order, or so much of it as is enjoined, to the extent to which the injunction may be dissolved and that he or she will also satisfy any modified judgment or order that may be rendered or made in lieu of it, or so much of it as exceeds the amount left unenjoined.

(2) In other cases, unless otherwise directed by the court or judge, the bond shall be to the effect that the party giving it will pay to the party enjoined such damages as he or she may sustain if it is finally decided that the injunction ought not to have been granted.

(f) (1) In case of injunction to stay proceedings upon a judgment or final order, the officer granting the injunction may authorize a bond to be executed to the effect that the party obtaining the injunction will pay to the party enjoined such damages as he or she may sustain if it is finally decided that the injunction ought not to have been granted. (2) However, if, at the time the injunction is granted and bond executed, any execution or attachment has been levied upon the property of the party obtaining the injunction, the levy shall not be discharged by reason of the injunction, but it shall remain in full force until the final decision as to the injunction unless the party obtaining the injunction shall give bond in the form prescribed by law.

(1) In case of injunction to stay proceedings upon a judgment or final order, the officer granting the injunction may authorize a bond to be executed to the effect that the party obtaining the injunction will pay to the party enjoined such damages as he or she may sustain if it is finally decided that the injunction ought not to have been granted.

(2) However, if, at the time the injunction is granted and bond executed, any execution or attachment has been levied upon the property of the party obtaining the injunction, the levy shall not be discharged by reason of the injunction, but it shall remain in full force until the final decision as to the injunction unless the party obtaining the injunction shall give bond in the form prescribed by law.

(g) Sureties in injunction bonds shall be taken by the clerk, under the same responsibilities as in other cases of sureties taken by him or her.

(h) (1) A party enjoined may, at any time before judgment, upon reasonable notice to the party who has obtained the injunction, move the court for additional security on behalf of the party enjoined. (2) If it appears on the notice that the surety in the injunction bond has removed from this state, or is insufficient, the court may vacate the order of injunction unless in a reasonable time sufficient security is given.

(1) A party enjoined may, at any time before judgment, upon reasonable notice to the party who has obtained the injunction, move the court for additional security on behalf of the party enjoined.

(2) If it appears on the notice that the surety in the injunction bond has removed from this state, or is insufficient, the court may vacate the order of injunction unless in a reasonable time sufficient security is given.

Civil Code, §§ 302-304, 313, 314; C. & M. Dig., §§ 5801-5808, 5819; Pope's Dig., §§ 7517-7524, 7535; A.S.A. 1947, §§ 32-206 -- 32-210.
Ark. Code Ann. § 16-66-108 — AR Code / Title 16 / Chapter 66 / Subchapter 1 / Section 16-66-108
Death of part of defendants
Status: in_force

The death of part only of the defendants shall not prevent execution being issued which, however, shall operate alone on the survivors and their property. Civil Code, § 440; C. & M. Dig., § 4265; Pope's Dig., § 5277; A.S.A. 1947, § 30-113.

The death of part only of the defendants shall not prevent execution being issued which, however, shall operate alone on the survivors and their property.

Civil Code, § 440; C. & M. Dig., § 4265; Pope's Dig., § 5277; A.S.A. 1947, § 30-113.
Ark. Code Ann. § 16-43-1101 — AR Code / Title 16 / Chapter 43 / Subchapter 11 / Section 16-43-1101
Compulsory disclosure
Status: in_force

No person or other entity who maintains genetic information shall be compelled to disclose such information pursuant to a request for compulsory disclosure in any judicial, legislative, or administrative proceeding, unless: (1) The request for compulsory disclosure is in accordance with court-ordered paternity testing in a civil action to determine paternity; (2) The individual whose genetic information is requested is a party to the proceeding and the genetic information is at issue; (3) The genetic information is for use in a law enforcement investigation or criminal trial; or (4) The genetic information is for use in a law enforcement investigation where an insurer is reporting fraud or criminal activity. Acts 2001, No. 1222, § 1.

No person or other entity who maintains genetic information shall be compelled to disclose such information pursuant to a request for compulsory disclosure in any judicial, legislative, or administrative proceeding, unless:

(1) The request for compulsory disclosure is in accordance with court-ordered paternity testing in a civil action to determine paternity;

(2) The individual whose genetic information is requested is a party to the proceeding and the genetic information is at issue;

(3) The genetic information is for use in a law enforcement investigation or criminal trial; or

(4) The genetic information is for use in a law enforcement investigation where an insurer is reporting fraud or criminal activity.

Acts 2001, No. 1222, § 1.
Ark. Code Ann. § 16-13-2801 — AR Code / Title 16 / Chapter 13 / Subchapter 28 / Section 16-13-2801
Composition
Status: in_force

The Twentieth Judicial District shall be composed of the counties of Faulkner, Searcy, and Van Buren. Acts 1977, No. 432, § 1; A.S.A. 1947, § 22-365.

The Twentieth Judicial District shall be composed of the counties of Faulkner, Searcy, and Van Buren.

Acts 1977, No. 432, § 1; A.S.A. 1947, § 22-365.
Ark. Code Ann. § 16-10-402 — AR Code / Title 16 / Chapter 10 / Subchapter 4 / Section 16-10-402
Creation
Status: in_force

(a) There is hereby established a commission to be known as the Judicial Discipline and Disability Commission, hereinafter referred to as the "commission", consisting of nine (9) members, each of whom shall be residents of Arkansas, and shall be appointed as follows: (1) Three (3) members shall be judges of the Arkansas Court of Appeals, circuit court, or municipal court appointed by the Arkansas Supreme Court; (2) Three (3) members shall be lawyers admitted to practice in Arkansas who are not judges or former or retired judges, one (1) of whom shall be appointed by the Attorney General, one (1) by the President of the Senate, and one (1) by the Speaker of the House of Representatives; and (3) Three (3) members, who are neither lawyers, or judges, or former or retired judges, appointed by the Governor. (b) (1) A commission member shall serve for a term of six (6) years and shall be eligible for reappointment to a second full term. (2) A member appointed to a term of less than six (6) years or to fill an unexpired term may be reappointed to two (2) full terms. (3) The appointing authority for each category of commission membership shall also appoint an alternate member for each regular member appointed. An alternate member shall be appointed for a term of six (6) years and may be reappointed for a second term. An alternate member appointed to fill an unexpired term shall be eligible for an appointment for two (2) full terms. (c) If a commission member or an alternate commission member moves out of the jurisdiction, ceases to be eligible for appointment to represent the category for which he or she was appointed, or becomes unable to serve for any reason, a vacancy shall occur. An appointment to fill a vacancy for the duration of its unexpired term shall be made by the appropriate appointing authority, effective no later than sixty (60) days from the occurrence of the vacancy. If a vacancy is not filled in accordance with this subsection, the Chief Justice of the Supreme Court shall, within ten (10) days thereafter, appoint, from the category to be represented, a member who shall serve for the duration of the unexpired term. (d) Commission members shall serve without pay, but may receive expense reimbursement in accordance with § 25-16-901 et seq. Acts 1989, No. 637, § 2; 1997, No. 250, § 116.

(a) There is hereby established a commission to be known as the Judicial Discipline and Disability Commission, hereinafter referred to as the "commission", consisting of nine (9) members, each of whom shall be residents of Arkansas, and shall be appointed as follows: (1) Three (3) members shall be judges of the Arkansas Court of Appeals, circuit court, or municipal court appointed by the Arkansas Supreme Court; (2) Three (3) members shall be lawyers admitted to practice in Arkansas who are not judges or former or retired judges, one (1) of whom shall be appointed by the Attorney General, one (1) by the President of the Senate, and one (1) by the Speaker of the House of Representatives; and (3) Three (3) members, who are neither lawyers, or judges, or former or retired judges, appointed by the Governor.

(1) Three (3) members shall be judges of the Arkansas Court of Appeals, circuit court, or municipal court appointed by the Arkansas Supreme Court;

(2) Three (3) members shall be lawyers admitted to practice in Arkansas who are not judges or former or retired judges, one (1) of whom shall be appointed by the Attorney General, one (1) by the President of the Senate, and one (1) by the Speaker of the House of Representatives; and

(3) Three (3) members, who are neither lawyers, or judges, or former or retired judges, appointed by the Governor.

(b) (1) A commission member shall serve for a term of six (6) years and shall be eligible for reappointment to a second full term. (2) A member appointed to a term of less than six (6) years or to fill an unexpired term may be reappointed to two (2) full terms. (3) The appointing authority for each category of commission membership shall also appoint an alternate member for each regular member appointed. An alternate member shall be appointed for a term of six (6) years and may be reappointed for a second term. An alternate member appointed to fill an unexpired term shall be eligible for an appointment for two (2) full terms.

(1) A commission member shall serve for a term of six (6) years and shall be eligible for reappointment to a second full term.

(2) A member appointed to a term of less than six (6) years or to fill an unexpired term may be reappointed to two (2) full terms.

(3) The appointing authority for each category of commission membership shall also appoint an alternate member for each regular member appointed. An alternate member shall be appointed for a term of six (6) years and may be reappointed for a second term. An alternate member appointed to fill an unexpired term shall be eligible for an appointment for two (2) full terms.

(c) If a commission member or an alternate commission member moves out of the jurisdiction, ceases to be eligible for appointment to represent the category for which he or she was appointed, or becomes unable to serve for any reason, a vacancy shall occur. An appointment to fill a vacancy for the duration of its unexpired term shall be made by the appropriate appointing authority, effective no later than sixty (60) days from the occurrence of the vacancy. If a vacancy is not filled in accordance with this subsection, the Chief Justice of the Supreme Court shall, within ten (10) days thereafter, appoint, from the category to be represented, a member who shall serve for the duration of the unexpired term.

(d) Commission members shall serve without pay, but may receive expense reimbursement in accordance with § 25-16-901 et seq.

Acts 1989, No. 637, § 2; 1997, No. 250, § 116.
Ark. Code Ann. § 16-17-952 — AR Code / Title 16 / Chapter 17 / Subchapter 9 / Section 16-17-952
[Repealed]
Status: repealed

Repealed by Act 2017, No. 723,§ 1, eff. 8/1/2017. Acts 2007, No. 663, § 51.

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

Acts 2007, No. 663, § 51.
Ark. Code Ann. § 16-105-404 — AR Code / Title 16 / Chapter 105 / Subchapter 4 / Section 16-105-404
Verification of complaint
Status: in_force

Unless filed by the prosecuting attorney, or the city attorney of an incorporated city, the complaint in the action shall be verified. Acts 1989, No. 556, § 1; 1991, No. 926, § 2; 1991, No. 1187, § 2.

Unless filed by the prosecuting attorney, or the city attorney of an incorporated city, the complaint in the action shall be verified.

Acts 1989, No. 556, § 1; 1991, No. 926, § 2; 1991, No. 1187, § 2.
Ark. Code Ann. § 16-93-612 — AR Code / Title 16 / Chapter 93 / Subchapter 6 / Section 16-93-612
Parole eligibility - Date of offense
Status: in_force

(a) A person's parole eligibility shall be determined by the laws in effect at the time of the offense for which he or she is sentenced to the Division of Correction. (b) For an offender serving a sentence for a felony committed before April 1, 1977, § 16-93-601 governs that person's parole eligibility. (c) For an offender serving a sentence for a felony committed between April 1, 1977, and April 1, 1983, § 16-93-604 governs that person's parole eligibility. (d) For an offender serving a sentence for a felony committed on or after April 1, 1983, but before January 1, 1994, § 16-93-607 governs that person's parole eligibility. (e) For an offender serving a sentence for a felony committed on or after January 1, 1994, but before January 1, 2025, § 16-93-614 governs that person's parole eligibility, unless otherwise noted and except: (1) If the felony is murder in the first degree, § 5-10-102 , kidnapping, if a Class Y felony, § 5-11-102(b)(1) , aggravated robbery, § 5-12-103 , rape, § 5-14-103 , or causing a catastrophe, § 5-38-202(a) , and the offense occurred after July 28, 1995, but before January 1, 2025, § 16-93-618 governs that person's parole eligibility; (2) If the felony is manufacturing methamphetamine, § 5-64-423(a) or the former § 5-64-401 , or possession of drug paraphernalia with the intent to manufacture methamphetamine, the former § 5-64-403(c)(5) , and the offense occurred after April 9, 1999, but before January 1, 2025, § 16-93-618 governs that person's parole eligibility; (3) If the felony is battery in the second degree, § 5-13-202 , aggravated assault, § 5-13-204 , terroristic threatening, § 5-13-301 , domestic battering in the second degree, § 5-26-304 , or residential burglary, § 5-39-201(a) , and the offense occurred on or after April 1, 2015, but before January 1, 2025, § 16-93-620 governs that person's parole eligibility; (4) If the felony was committed by a person who was a minor at the time of the offense, he or she was committed to the former Department of Correction, or to the Division of Correction, and the offense occurred before, on, or after March 20, 2017, § 16-93-621 governs the date on which that person becomes eligible for consideration for release; (5) If the felony was committed prior to January 1, 2025, § 16-93-701 et seq. governs procedures for consideration for parole or transfer to the Division of Community Correction; and (6) If the felony was committed on or after January 1, 2025, § 16-93-1901 et seq. governs procedures for consideration for transfer to post-release supervision. (f) For an offender serving a sentence for a felony committed on or after January 1, 1994, but before January 1, 2025, § 16-93-615 governs that person's parole eligibility procedures. (g) Notwithstanding any law allowing the award of meritorious good time, earned release credits, or any other law to the contrary, if the felony is an offense that is subject to delayed release under § 5-4-405 and was committed on or after July 28, 2021, the person shall not be eligible for parole or community correction transfer until the person serves a minimum of eighty percent (80%) of the term of imprisonment to which the person is sentenced. Amended by Act 2023, No. 659,§ 186, eff. 1/1/2024. Amended by Act 2021, No. 681,§ 5, eff. 7/28/2021. Amended by Act 2019, No. 910,§ 913, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 912, eff. 7/1/2019. Amended by Act 2017, No. 539,§ 9, eff. 3/20/2017. Amended by Act 2015, No. 895,§ 24, eff. 4/1/2015. Acts 2011, No. 570, § 97.

(a) A person's parole eligibility shall be determined by the laws in effect at the time of the offense for which he or she is sentenced to the Division of Correction.

(b) For an offender serving a sentence for a felony committed before April 1, 1977, § 16-93-601 governs that person's parole eligibility.

(c) For an offender serving a sentence for a felony committed between April 1, 1977, and April 1, 1983, § 16-93-604 governs that person's parole eligibility.

(d) For an offender serving a sentence for a felony committed on or after April 1, 1983, but before January 1, 1994, § 16-93-607 governs that person's parole eligibility.

(e) For an offender serving a sentence for a felony committed on or after January 1, 1994, but before January 1, 2025, § 16-93-614 governs that person's parole eligibility, unless otherwise noted and except: (1) If the felony is murder in the first degree, § 5-10-102 , kidnapping, if a Class Y felony, § 5-11-102(b)(1) , aggravated robbery, § 5-12-103 , rape, § 5-14-103 , or causing a catastrophe, § 5-38-202(a) , and the offense occurred after July 28, 1995, but before January 1, 2025, § 16-93-618 governs that person's parole eligibility; (2) If the felony is manufacturing methamphetamine, § 5-64-423(a) or the former § 5-64-401 , or possession of drug paraphernalia with the intent to manufacture methamphetamine, the former § 5-64-403(c)(5) , and the offense occurred after April 9, 1999, but before January 1, 2025, § 16-93-618 governs that person's parole eligibility; (3) If the felony is battery in the second degree, § 5-13-202 , aggravated assault, § 5-13-204 , terroristic threatening, § 5-13-301 , domestic battering in the second degree, § 5-26-304 , or residential burglary, § 5-39-201(a) , and the offense occurred on or after April 1, 2015, but before January 1, 2025, § 16-93-620 governs that person's parole eligibility; (4) If the felony was committed by a person who was a minor at the time of the offense, he or she was committed to the former Department of Correction, or to the Division of Correction, and the offense occurred before, on, or after March 20, 2017, § 16-93-621 governs the date on which that person becomes eligible for consideration for release; (5) If the felony was committed prior to January 1, 2025, § 16-93-701 et seq. governs procedures for consideration for parole or transfer to the Division of Community Correction; and (6) If the felony was committed on or after January 1, 2025, § 16-93-1901 et seq. governs procedures for consideration for transfer to post-release supervision.

(1) If the felony is murder in the first degree, § 5-10-102 , kidnapping, if a Class Y felony, § 5-11-102(b)(1) , aggravated robbery, § 5-12-103 , rape, § 5-14-103 , or causing a catastrophe, § 5-38-202(a) , and the offense occurred after July 28, 1995, but before January 1, 2025, § 16-93-618 governs that person's parole eligibility;

(2) If the felony is manufacturing methamphetamine, § 5-64-423(a) or the former § 5-64-401 , or possession of drug paraphernalia with the intent to manufacture methamphetamine, the former § 5-64-403(c)(5) , and the offense occurred after April 9, 1999, but before January 1, 2025, § 16-93-618 governs that person's parole eligibility;

(3) If the felony is battery in the second degree, § 5-13-202 , aggravated assault, § 5-13-204 , terroristic threatening, § 5-13-301 , domestic battering in the second degree, § 5-26-304 , or residential burglary, § 5-39-201(a) , and the offense occurred on or after April 1, 2015, but before January 1, 2025, § 16-93-620 governs that person's parole eligibility;

(4) If the felony was committed by a person who was a minor at the time of the offense, he or she was committed to the former Department of Correction, or to the Division of Correction, and the offense occurred before, on, or after March 20, 2017, § 16-93-621 governs the date on which that person becomes eligible for consideration for release;

(5) If the felony was committed prior to January 1, 2025, § 16-93-701 et seq. governs procedures for consideration for parole or transfer to the Division of Community Correction; and

(6) If the felony was committed on or after January 1, 2025, § 16-93-1901 et seq. governs procedures for consideration for transfer to post-release supervision.

(f) For an offender serving a sentence for a felony committed on or after January 1, 1994, but before January 1, 2025, § 16-93-615 governs that person's parole eligibility procedures.

(g) Notwithstanding any law allowing the award of meritorious good time, earned release credits, or any other law to the contrary, if the felony is an offense that is subject to delayed release under § 5-4-405 and was committed on or after July 28, 2021, the person shall not be eligible for parole or community correction transfer until the person serves a minimum of eighty percent (80%) of the term of imprisonment to which the person is sentenced.

Amended by Act 2023, No. 659,§ 186, eff. 1/1/2024.

Amended by Act 2021, No. 681,§ 5, eff. 7/28/2021.

Amended by Act 2019, No. 910,§ 913, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 912, eff. 7/1/2019.

Amended by Act 2017, No. 539,§ 9, eff. 3/20/2017.

Amended by Act 2015, No. 895,§ 24, eff. 4/1/2015.

Acts 2011, No. 570, § 97.
Ark. Code Ann. § 16-13-3103 — AR Code / Title 16 / Chapter 13 / Subchapter 31 / Section 16-13-3103
Judges and chancellors
Status: in_force

(a) The qualified electors of the Twenty-second Judicial District shall elect: (1) One (1) chancery judge of the First Division; (2) One (1) circuit-chancery judge of the Second Division; and (3) One (1) circuit-chancery judge of the Third Division. (b) The qualified electors of the Seventh Judicial District shall elect: (1) One (1) circuit-chancery judge of the First Division; and (2) One (1) circuit-chancery judge of the Second Division. (c) (1) (A) The chancery judge and circuit-chancery judges of the Twenty-second Judicial District may, by agreement, hold either of the circuit or chancery courts in their respective districts and may hear and try matters pending in any of those courts or may hear or try matters in the same court at the same time. (B) The judges subject to subdivision (c)(1)(A) of this section may adopt such rules as they deem appropriate for the assignment of cases in the circuit and chancery courts of their judicial district. (2) (A) The circuit-chancery judges of the Seventh Judicial District may, by agreement, hold either of the circuit or chancery courts in their respective districts and may hear and try matters pending in any of those courts or may hear or try matters in the same court at the same time. (B) The judges subject to subdivision (c)(2)(A) of this section may adopt such rules as they deem appropriate for the assignment of cases in the circuit and chancery courts of their judicial district. (d) (1) (A) The judge of the Second Division in each district shall be the judge of the juvenile division of chancery court. (B) The judge shall serve as judge of the juvenile division in lieu of the judge who would otherwise be designated as judge of the juvenile division of chancery court in the judicial district. (2) The judge of the Second Division in each district shall devote such time as may be required to perform the duties of judge of the juvenile division, which duties shall be the primary obligation of the judge, and shall sit as judge of the circuit, chancery, or probate court as time permits. (e) (1) Effective January 1, 2009, there is created in the Twenty-second Judicial District an additional circuit judgeship that shall have jurisdiction in law, equity, probate, and juvenile matters. (2) (A) The qualified electors of the district shall elect the additional circuit judge created by subdivision (e)(1) of this section at the 2008 preferential primary election to take office on January 1, 2009. (B) The additional circuit judge shall be elected from the district, shall satisfy the same qualifications for holding office, and shall receive the same salary, expenses, and other allowances as provided by law for judges of the circuit courts. (C) The circuit judge shall serve for elected terms of six (6) years. (3) The county that composes the Twenty-second Judicial District shall provide courtroom and office facilities and supplies for the judge of the circuit judgeship created by subdivision (e)(1) of this section, which shall be paid out of the county treasury in the same manner as other demands against the county and out of funds appropriated by the quorum court of the county for these purposes. (4) There shall be provided for the judge of the circuit judgeship created by subdivision (e)(1) of this section a court reporter and a trial court administrative assistant whose salaries shall be fixed and paid in the manner provided by law for court reporters and trial court administrative assistants of the circuit courts of this state. Acts 1997, No. 827, § 3; 1999, No. 7, § 3; 2007, No. 168, § 6.

(a) The qualified electors of the Twenty-second Judicial District shall elect: (1) One (1) chancery judge of the First Division; (2) One (1) circuit-chancery judge of the Second Division; and (3) One (1) circuit-chancery judge of the Third Division.

(1) One (1) chancery judge of the First Division;

(2) One (1) circuit-chancery judge of the Second Division; and

(3) One (1) circuit-chancery judge of the Third Division.

(b) The qualified electors of the Seventh Judicial District shall elect: (1) One (1) circuit-chancery judge of the First Division; and (2) One (1) circuit-chancery judge of the Second Division.

(1) One (1) circuit-chancery judge of the First Division; and

(2) One (1) circuit-chancery judge of the Second Division.

(c) (1) (A) The chancery judge and circuit-chancery judges of the Twenty-second Judicial District may, by agreement, hold either of the circuit or chancery courts in their respective districts and may hear and try matters pending in any of those courts or may hear or try matters in the same court at the same time. (B) The judges subject to subdivision (c)(1)(A) of this section may adopt such rules as they deem appropriate for the assignment of cases in the circuit and chancery courts of their judicial district. (2) (A) The circuit-chancery judges of the Seventh Judicial District may, by agreement, hold either of the circuit or chancery courts in their respective districts and may hear and try matters pending in any of those courts or may hear or try matters in the same court at the same time. (B) The judges subject to subdivision (c)(2)(A) of this section may adopt such rules as they deem appropriate for the assignment of cases in the circuit and chancery courts of their judicial district.

(1) (A) The chancery judge and circuit-chancery judges of the Twenty-second Judicial District may, by agreement, hold either of the circuit or chancery courts in their respective districts and may hear and try matters pending in any of those courts or may hear or try matters in the same court at the same time. (B) The judges subject to subdivision (c)(1)(A) of this section may adopt such rules as they deem appropriate for the assignment of cases in the circuit and chancery courts of their judicial district.

(A) The chancery judge and circuit-chancery judges of the Twenty-second Judicial District may, by agreement, hold either of the circuit or chancery courts in their respective districts and may hear and try matters pending in any of those courts or may hear or try matters in the same court at the same time.

(B) The judges subject to subdivision (c)(1)(A) of this section may adopt such rules as they deem appropriate for the assignment of cases in the circuit and chancery courts of their judicial district.

(2) (A) The circuit-chancery judges of the Seventh Judicial District may, by agreement, hold either of the circuit or chancery courts in their respective districts and may hear and try matters pending in any of those courts or may hear or try matters in the same court at the same time. (B) The judges subject to subdivision (c)(2)(A) of this section may adopt such rules as they deem appropriate for the assignment of cases in the circuit and chancery courts of their judicial district.

(A) The circuit-chancery judges of the Seventh Judicial District may, by agreement, hold either of the circuit or chancery courts in their respective districts and may hear and try matters pending in any of those courts or may hear or try matters in the same court at the same time.

(B) The judges subject to subdivision (c)(2)(A) of this section may adopt such rules as they deem appropriate for the assignment of cases in the circuit and chancery courts of their judicial district.

(d) (1) (A) The judge of the Second Division in each district shall be the judge of the juvenile division of chancery court. (B) The judge shall serve as judge of the juvenile division in lieu of the judge who would otherwise be designated as judge of the juvenile division of chancery court in the judicial district. (2) The judge of the Second Division in each district shall devote such time as may be required to perform the duties of judge of the juvenile division, which duties shall be the primary obligation of the judge, and shall sit as judge of the circuit, chancery, or probate court as time permits.

(1) (A) The judge of the Second Division in each district shall be the judge of the juvenile division of chancery court. (B) The judge shall serve as judge of the juvenile division in lieu of the judge who would otherwise be designated as judge of the juvenile division of chancery court in the judicial district.

(A) The judge of the Second Division in each district shall be the judge of the juvenile division of chancery court.

(B) The judge shall serve as judge of the juvenile division in lieu of the judge who would otherwise be designated as judge of the juvenile division of chancery court in the judicial district.

(2) The judge of the Second Division in each district shall devote such time as may be required to perform the duties of judge of the juvenile division, which duties shall be the primary obligation of the judge, and shall sit as judge of the circuit, chancery, or probate court as time permits.

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

(1) Effective January 1, 2009, there is created in the Twenty-second Judicial District an additional circuit judgeship that shall have jurisdiction in law, equity, probate, and juvenile matters.

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

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

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

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

(3) The county that composes the Twenty-second Judicial District shall provide courtroom and office facilities and supplies for the judge of the circuit judgeship created by subdivision (e)(1) of this section, which shall be paid out of the county treasury in the same manner as other demands against the county and out of funds appropriated by the quorum court of the county for these purposes.

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

Acts 1997, No. 827, § 3; 1999, No. 7, § 3; 2007, No. 168, § 6.
Ark. Code Ann. § 16-20-101 — AR Code / Title 16 / Chapter 20 / Subchapter 1 / Section 16-20-101
Endorsement of papers
Status: in_force

The clerk shall endorse, upon every paper filed in an action, the day it was filed; he shall endorse upon every order for a provisional remedy, and upon every bond taken thereunder, the day of its return to his office. Civil Code, § 770; C. & M. Dig., § 1375; Pope's Dig., § 1636; A.S.A. 1947, § 23-101.

The clerk shall endorse, upon every paper filed in an action, the day it was filed; he shall endorse upon every order for a provisional remedy, and upon every bond taken thereunder, the day of its return to his office.

Civil Code, § 770; C. & M. Dig., § 1375; Pope's Dig., § 1636; A.S.A. 1947, § 23-101.
Ark. Code Ann. § 16-93-1702 — AR Code / Title 16 / Chapter 93 / Subchapter 17 / Section 16-93-1702
Application
Status: in_force

(a) A county or judicial district may apply for a grant award under this subchapter by submitting a written application to the Administrative Office of the Courts. (b) The application shall include the following: (1) A description of the proposed probation program and the need in the county or judicial district for the establishment of a probation program under this subchapter; (2) A description of the long-term strategy and a detailed plan of implementation, including how the county or judicial district intends to pay for the probation program after the grant funding is exhausted; (3) A certification that all government or private entities that would be affected by the proposed probation program have been appropriately consulted regarding the development of the probation program; (4) A description of the coordination plan involving all government or private entities in the implementation process; (5) Identification of the governmental and judicial partners in the proposed probation program, including the chief judge of the circuit court as well as other participating judges in the applicable jurisdiction, the court administrator, the probation administrator, the county sheriff, the prosecuting attorney, the public defender, applicable private defense attorneys, applicable municipal law enforcement administrators, and applicable treatment provider administrators; and (6) A description of how and assurances that the applicant will collect key process measures, including the: (A) Number of probationers enrolled in the probation program; (B) Frequency of drug testing probationers; (C) Positive drug test rate and other rates of noncompliance with the measurable conditions of supervision; (D) Kinds of sanctions available for a violation of probation; (E) Kinds of rewards available for positive behavior; (F) Certainty of the application of an appropriate sanction; (G) Average period of time from detection of a violation to issuance of a sanction for the violation; (H) Severity of the sanction; and (I) Time between the completion of the sanction and a subsequent violation, if any. Acts 2011, No. 570, § 110.

(a) A county or judicial district may apply for a grant award under this subchapter by submitting a written application to the Administrative Office of the Courts.

(b) The application shall include the following: (1) A description of the proposed probation program and the need in the county or judicial district for the establishment of a probation program under this subchapter; (2) A description of the long-term strategy and a detailed plan of implementation, including how the county or judicial district intends to pay for the probation program after the grant funding is exhausted; (3) A certification that all government or private entities that would be affected by the proposed probation program have been appropriately consulted regarding the development of the probation program; (4) A description of the coordination plan involving all government or private entities in the implementation process; (5) Identification of the governmental and judicial partners in the proposed probation program, including the chief judge of the circuit court as well as other participating judges in the applicable jurisdiction, the court administrator, the probation administrator, the county sheriff, the prosecuting attorney, the public defender, applicable private defense attorneys, applicable municipal law enforcement administrators, and applicable treatment provider administrators; and (6) A description of how and assurances that the applicant will collect key process measures, including the: (A) Number of probationers enrolled in the probation program; (B) Frequency of drug testing probationers; (C) Positive drug test rate and other rates of noncompliance with the measurable conditions of supervision; (D) Kinds of sanctions available for a violation of probation; (E) Kinds of rewards available for positive behavior; (F) Certainty of the application of an appropriate sanction; (G) Average period of time from detection of a violation to issuance of a sanction for the violation; (H) Severity of the sanction; and (I) Time between the completion of the sanction and a subsequent violation, if any.

(1) A description of the proposed probation program and the need in the county or judicial district for the establishment of a probation program under this subchapter;

(2) A description of the long-term strategy and a detailed plan of implementation, including how the county or judicial district intends to pay for the probation program after the grant funding is exhausted;

(3) A certification that all government or private entities that would be affected by the proposed probation program have been appropriately consulted regarding the development of the probation program;

(4) A description of the coordination plan involving all government or private entities in the implementation process;

(5) Identification of the governmental and judicial partners in the proposed probation program, including the chief judge of the circuit court as well as other participating judges in the applicable jurisdiction, the court administrator, the probation administrator, the county sheriff, the prosecuting attorney, the public defender, applicable private defense attorneys, applicable municipal law enforcement administrators, and applicable treatment provider administrators; and

(6) A description of how and assurances that the applicant will collect key process measures, including the: (A) Number of probationers enrolled in the probation program; (B) Frequency of drug testing probationers; (C) Positive drug test rate and other rates of noncompliance with the measurable conditions of supervision; (D) Kinds of sanctions available for a violation of probation; (E) Kinds of rewards available for positive behavior; (F) Certainty of the application of an appropriate sanction; (G) Average period of time from detection of a violation to issuance of a sanction for the violation; (H) Severity of the sanction; and (I) Time between the completion of the sanction and a subsequent violation, if any.

(A) Number of probationers enrolled in the probation program;

(B) Frequency of drug testing probationers;

(C) Positive drug test rate and other rates of noncompliance with the measurable conditions of supervision;

(D) Kinds of sanctions available for a violation of probation;

(E) Kinds of rewards available for positive behavior;

(F) Certainty of the application of an appropriate sanction;

(G) Average period of time from detection of a violation to issuance of a sanction for the violation;

(H) Severity of the sanction; and

(I) Time between the completion of the sanction and a subsequent violation, if any.

Acts 2011, No. 570, § 110.
Ark. Code Ann. § 16-58-104 — AR Code / Title 16 / Chapter 58 / Section 16-58-104
Alias or pluries writs
Status: in_force

When any writ or other process issued out of any court of this state is not executed, the clerk of the court shall issue an alias, pluries, or other proper process without an order of the court for that purpose on the application of the party suing out the writ or other process. Rev. Stat., ch. 159, § 8; C. & M. Dig., § 1126; Pope's Dig., § 1342; A.S.A. 1947, § 27-311.

When any writ or other process issued out of any court of this state is not executed, the clerk of the court shall issue an alias, pluries, or other proper process without an order of the court for that purpose on the application of the party suing out the writ or other process.

Rev. Stat., ch. 159, § 8; C. & M. Dig., § 1126; Pope's Dig., § 1342; A.S.A. 1947, § 27-311.
Ark. Code Ann. § 16-19-305 — AR Code / Title 16 / Chapter 19 / Subchapter 3 / Section 16-19-305
[Repealed]
Status: repealed

Repealed by Act 2023, No. 177,§ 9, eff. 8/1/2023. Rev. Stat., ch. 29, § 23; C. & M. Dig., § 1457; Pope's Dig., § 1758; A.S.A. 1947, § 26-207.

Repealed by Act 2023, No. 177,§ 9, eff. 8/1/2023.

Rev. Stat., ch. 29, § 23; C. & M. Dig., § 1457; Pope's Dig., § 1758; A.S.A. 1947, § 26-207.
Ark. Code Ann. § 16-67-319 — AR Code / Title 16 / Chapter 67 / Subchapter 3 / Section 16-67-319
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1148,§ 55, eff. 8/16/2013. Civil Code, § 879; C. & M. Dig., § 2167; Pope's Dig., § 2773; A.S.A. 1947, § 27-2138.

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

Civil Code, § 879; C. & M. Dig., § 2167; Pope's Dig., § 2773; A.S.A. 1947, § 27-2138.
Ark. Code Ann. § 16-107-205 — AR Code / Title 16 / Chapter 107 / Subchapter 2 / Section 16-107-205
Official bonds generally
Status: in_force

(a) In all cases where by the laws of this state, any person is authorized to prosecute a suit to his or her own use on any official bond, he or she shall sue in the name of the state or other obligee named in the bond, stating in the process, pleadings, proceedings, and record in the action, that the suit is brought for the use of the person suing. (b) In the actions, the same pleadings and proceedings shall be had as before provided in cases of suits upon bonds with conditions other than for the payment of money, except as otherwise provided in this subchapter. (c) A judgment for the defendant in the action shall be a bar to any other suit that may be brought on the same official bond for the use of the same person for any delinquency or default which was assigned as a breach of the condition of the bond in the action in which the judgment was rendered. (d) Any other party aggrieved may in like manner prosecute an action on an official bond, and the pendency of any suit for the use of any other person on the same bond, or a judgment recovered by or against any other person on the bond, shall not abate or in any manner affect the suit or the proceedings therein, except as otherwise provided in this subchapter. (e) Every suit brought on an official bond to the use of the party aggrieved and every judgment thereon shall be deemed the private suit and judgment of the relator, in the same manner as if he or she were the nominal plaintiff, and the relator shall be liable for costs as other plaintiffs. Rev. Stat., ch. 112, §§ 15-18, 21; C. & M. Dig., §§ 8176-8178; Pope's Dig., §§ 10607-10609; A.S.A. 1947, §§ 34-315 -- 34-318, 34-321.

(a) In all cases where by the laws of this state, any person is authorized to prosecute a suit to his or her own use on any official bond, he or she shall sue in the name of the state or other obligee named in the bond, stating in the process, pleadings, proceedings, and record in the action, that the suit is brought for the use of the person suing.

(b) In the actions, the same pleadings and proceedings shall be had as before provided in cases of suits upon bonds with conditions other than for the payment of money, except as otherwise provided in this subchapter.

(c) A judgment for the defendant in the action shall be a bar to any other suit that may be brought on the same official bond for the use of the same person for any delinquency or default which was assigned as a breach of the condition of the bond in the action in which the judgment was rendered.

(d) Any other party aggrieved may in like manner prosecute an action on an official bond, and the pendency of any suit for the use of any other person on the same bond, or a judgment recovered by or against any other person on the bond, shall not abate or in any manner affect the suit or the proceedings therein, except as otherwise provided in this subchapter.

(e) Every suit brought on an official bond to the use of the party aggrieved and every judgment thereon shall be deemed the private suit and judgment of the relator, in the same manner as if he or she were the nominal plaintiff, and the relator shall be liable for costs as other plaintiffs.

Rev. Stat., ch. 112, §§ 15-18, 21; C. & M. Dig., §§ 8176-8178; Pope's Dig., §§ 10607-10609; A.S.A. 1947, §§ 34-315 -- 34-318, 34-321.
Ark. Code Ann. § 16-123-345 — AR Code / Title 16 / Chapter 123 / Subchapter 3 / Section 16-123-345
Incentives for self-testing and self-correction
Status: in_force

(a) (1) A report or result of a self-test, as that term is defined by rule of the Director of the Arkansas Fair Housing Commission, shall be considered to be privileged under subdivision (a)(2) of this section if a person: (A) Conducts or authorizes an independent third party to conduct a self-test of any aspect of a residential real estate-related lending transaction or any part of that transaction by that person in order to determine the level or effectiveness of compliance with this subchapter by that person; and (B) Has identified any possible violation of this subchapter by that person and has taken, or is taking, appropriate corrective action to address any such possible violation. (2) If a person meets the conditions specified in subdivision (a)(1) of this section with respect to a self-test, any report or results of that self-test: (A) Shall be privileged; and (B) May not be obtained or used by the Arkansas Fair Housing Commission or any applicant, department, or agency in any: (i) Proceeding or civil action in which one (1) or more violations of this subchapter are alleged; or (ii) Examination or investigation relating to compliance with this subchapter. (b) (1) No provision of this subchapter may be construed to prevent an aggrieved person, complainant, department, or agency from obtaining or using a report or results of any self-test in any proceeding or civil action in which a violation of this subchapter is alleged, or in any examination or investigation of compliance with this subchapter if: (A) The person to whom the self-test relates or any person with lawful access to the report or the results: (i) Voluntarily releases or discloses all or any part of the report or results to the commission, aggrieved person, complainant, department, or agency or to the general public; or (ii) Refers to or describes the report or results as a defense to charges of violations of this subchapter against the person to whom the self-test relates; or (B) The report or results are sought in conjunction with an adjudication or admission of a violation of this subchapter for the sole purpose of determining an appropriate penalty or remedy. (2) Any report or results of a self-test that are disclosed for the purpose specified in subdivision (b)(1)(B) of this section: (A) Shall be used only for the particular proceeding in which the adjudication or admission referred to in subdivision (b)(1)(B) of this section is made; and (B) May not be used in any other action or proceeding. (c) An aggrieved person, complainant, department, agency, or the commission that challenges a privilege asserted under this section may seek a determination of the existence and application of that privilege in: (1) A court of competent jurisdiction; or (2) An administrative law proceeding with appropriate jurisdiction. Amended by Act 2019, No. 315,§ 1324, eff. 7/24/2019. Acts 2001, No. 1785, § 46; 2003, No. 1775, §§ 10, 11.

(a) (1) A report or result of a self-test, as that term is defined by rule of the Director of the Arkansas Fair Housing Commission, shall be considered to be privileged under subdivision (a)(2) of this section if a person: (A) Conducts or authorizes an independent third party to conduct a self-test of any aspect of a residential real estate-related lending transaction or any part of that transaction by that person in order to determine the level or effectiveness of compliance with this subchapter by that person; and (B) Has identified any possible violation of this subchapter by that person and has taken, or is taking, appropriate corrective action to address any such possible violation. (2) If a person meets the conditions specified in subdivision (a)(1) of this section with respect to a self-test, any report or results of that self-test: (A) Shall be privileged; and (B) May not be obtained or used by the Arkansas Fair Housing Commission or any applicant, department, or agency in any: (i) Proceeding or civil action in which one (1) or more violations of this subchapter are alleged; or (ii) Examination or investigation relating to compliance with this subchapter.

(1) A report or result of a self-test, as that term is defined by rule of the Director of the Arkansas Fair Housing Commission, shall be considered to be privileged under subdivision (a)(2) of this section if a person: (A) Conducts or authorizes an independent third party to conduct a self-test of any aspect of a residential real estate-related lending transaction or any part of that transaction by that person in order to determine the level or effectiveness of compliance with this subchapter by that person; and (B) Has identified any possible violation of this subchapter by that person and has taken, or is taking, appropriate corrective action to address any such possible violation.

(A) Conducts or authorizes an independent third party to conduct a self-test of any aspect of a residential real estate-related lending transaction or any part of that transaction by that person in order to determine the level or effectiveness of compliance with this subchapter by that person; and

(B) Has identified any possible violation of this subchapter by that person and has taken, or is taking, appropriate corrective action to address any such possible violation.

(2) If a person meets the conditions specified in subdivision (a)(1) of this section with respect to a self-test, any report or results of that self-test: (A) Shall be privileged; and (B) May not be obtained or used by the Arkansas Fair Housing Commission or any applicant, department, or agency in any: (i) Proceeding or civil action in which one (1) or more violations of this subchapter are alleged; or (ii) Examination or investigation relating to compliance with this subchapter.

(A) Shall be privileged; and

(B) May not be obtained or used by the Arkansas Fair Housing Commission or any applicant, department, or agency in any: (i) Proceeding or civil action in which one (1) or more violations of this subchapter are alleged; or (ii) Examination or investigation relating to compliance with this subchapter.

(i) Proceeding or civil action in which one (1) or more violations of this subchapter are alleged; or

(ii) Examination or investigation relating to compliance with this subchapter.

(b) (1) No provision of this subchapter may be construed to prevent an aggrieved person, complainant, department, or agency from obtaining or using a report or results of any self-test in any proceeding or civil action in which a violation of this subchapter is alleged, or in any examination or investigation of compliance with this subchapter if: (A) The person to whom the self-test relates or any person with lawful access to the report or the results: (i) Voluntarily releases or discloses all or any part of the report or results to the commission, aggrieved person, complainant, department, or agency or to the general public; or (ii) Refers to or describes the report or results as a defense to charges of violations of this subchapter against the person to whom the self-test relates; or (B) The report or results are sought in conjunction with an adjudication or admission of a violation of this subchapter for the sole purpose of determining an appropriate penalty or remedy. (2) Any report or results of a self-test that are disclosed for the purpose specified in subdivision (b)(1)(B) of this section: (A) Shall be used only for the particular proceeding in which the adjudication or admission referred to in subdivision (b)(1)(B) of this section is made; and (B) May not be used in any other action or proceeding.

(1) No provision of this subchapter may be construed to prevent an aggrieved person, complainant, department, or agency from obtaining or using a report or results of any self-test in any proceeding or civil action in which a violation of this subchapter is alleged, or in any examination or investigation of compliance with this subchapter if: (A) The person to whom the self-test relates or any person with lawful access to the report or the results: (i) Voluntarily releases or discloses all or any part of the report or results to the commission, aggrieved person, complainant, department, or agency or to the general public; or (ii) Refers to or describes the report or results as a defense to charges of violations of this subchapter against the person to whom the self-test relates; or (B) The report or results are sought in conjunction with an adjudication or admission of a violation of this subchapter for the sole purpose of determining an appropriate penalty or remedy.

(A) The person to whom the self-test relates or any person with lawful access to the report or the results: (i) Voluntarily releases or discloses all or any part of the report or results to the commission, aggrieved person, complainant, department, or agency or to the general public; or (ii) Refers to or describes the report or results as a defense to charges of violations of this subchapter against the person to whom the self-test relates; or

(i) Voluntarily releases or discloses all or any part of the report or results to the commission, aggrieved person, complainant, department, or agency or to the general public; or

(ii) Refers to or describes the report or results as a defense to charges of violations of this subchapter against the person to whom the self-test relates; or

(B) The report or results are sought in conjunction with an adjudication or admission of a violation of this subchapter for the sole purpose of determining an appropriate penalty or remedy.

(2) Any report or results of a self-test that are disclosed for the purpose specified in subdivision (b)(1)(B) of this section: (A) Shall be used only for the particular proceeding in which the adjudication or admission referred to in subdivision (b)(1)(B) of this section is made; and (B) May not be used in any other action or proceeding.

(A) Shall be used only for the particular proceeding in which the adjudication or admission referred to in subdivision (b)(1)(B) of this section is made; and

(B) May not be used in any other action or proceeding.

(c) An aggrieved person, complainant, department, agency, or the commission that challenges a privilege asserted under this section may seek a determination of the existence and application of that privilege in: (1) A court of competent jurisdiction; or (2) An administrative law proceeding with appropriate jurisdiction.

(1) A court of competent jurisdiction; or

(2) An administrative law proceeding with appropriate jurisdiction.

Amended by Act 2019, No. 315,§ 1324, eff. 7/24/2019.

Acts 2001, No. 1785, § 46; 2003, No. 1775, §§ 10, 11.
Ark. Code Ann. § 16-13-1301 — AR Code / Title 16 / Chapter 13 / Subchapter 13 / Section 16-13-1301
Composition
Status: in_force

The Fifth Judicial District shall be composed of the counties of Franklin, Johnson, and Pope. Acts 1977, No. 432, § 1; A.S.A. 1947, § 22-365.

The Fifth Judicial District shall be composed of the counties of Franklin, Johnson, and Pope.

Acts 1977, No. 432, § 1; A.S.A. 1947, § 22-365.
Ark. Code Ann. § 16-80-103 — AR Code / Title 16 / Chapter 80 / Section 16-80-103
Disposition of stolen property
Status: in_force

(a) All property obtained by theft, robbery, or burglary shall be restored to the owner, and no sale, whether in good faith on the part of the purchaser or not, shall divest the owner of his or her right to the property. (b) Any person losing property or any valuable thing by theft, robbery, or burglary may maintain his or her action not only against the felon but against any person whatsoever in whose hands or possession the property or valuable thing may be found. (c) When property alleged to have been stolen comes into the possession of any sheriff, constable, law enforcement officer, or other person authorized to perform the duties of the officer, he or she shall hold the property subject to the order of the officer authorized pursuant to this section to direct the disposition thereof. (d) Upon receiving satisfactory evidence of the ownership of the property, the judge or magistrate who shall take the examination of the person accused of stealing the property may order the property to be delivered to the owner, on his or her paying the reasonable and necessary expenses incurred in the preservation of the property, to be certified by the judge or magistrate, which order shall entitle the owner to demand and receive the property. (e) If stolen property comes into the hands of a judge or magistrate, upon satisfactory proof of the ownership thereof, it shall be delivered to the owner, on the payment of the necessary expenses incurred in the preservation thereof, to be certified by the judge or magistrate. (f) If the property stolen has not been delivered to the owner thereof, the court before which a conviction shall be had for stealing the property, on proof of the ownership, may order the property to be restored to the owner, on payment of the expenses incurred in the preservation thereof. (g) If stolen property shall not be claimed by the owner within six (6) months from the time any person may have been convicted for stealing the property, the judge or magistrate authorized by the preceding provisions to order a restoration may order the property to be sold. The proceeds of the sale, after payment of the expenses of the preservation and sale of the property, shall be paid into the county treasury for the use of the county. (h) (1) If the thing stolen is a living animal or property of a perishable nature, the judge or magistrate authorized to order a restitution may order a sale thereof, and the proceeds shall be applied in the same manner as otherwise directed in this section with respect to stolen property. (2) In all cases of sale as specified in subdivision (h)(1) of this section a particular description of the property shall be made out in writing and filed with the judge or magistrate making the order of sale so that the owner may be enabled to identify the property if he or she shall claim the proceeds within the time allowed for making his or her claim. Rev. Stat., ch. 44, div. 4, art. 6, §§ 3, 4; ch. 45, §§ 228-234; C. & M. Dig., §§ 1084, 1085, 10240a, 10240b, 3359-3365; Pope's Dig., §§ 1292, 1293, 1295, 1296, 4207-4213; A.S.A. 1947, §§ 43-2901 -- 43-2909; Acts 2005, No. 1994, § 265.

(a) All property obtained by theft, robbery, or burglary shall be restored to the owner, and no sale, whether in good faith on the part of the purchaser or not, shall divest the owner of his or her right to the property.

(b) Any person losing property or any valuable thing by theft, robbery, or burglary may maintain his or her action not only against the felon but against any person whatsoever in whose hands or possession the property or valuable thing may be found.

(c) When property alleged to have been stolen comes into the possession of any sheriff, constable, law enforcement officer, or other person authorized to perform the duties of the officer, he or she shall hold the property subject to the order of the officer authorized pursuant to this section to direct the disposition thereof.

(d) Upon receiving satisfactory evidence of the ownership of the property, the judge or magistrate who shall take the examination of the person accused of stealing the property may order the property to be delivered to the owner, on his or her paying the reasonable and necessary expenses incurred in the preservation of the property, to be certified by the judge or magistrate, which order shall entitle the owner to demand and receive the property.

(e) If stolen property comes into the hands of a judge or magistrate, upon satisfactory proof of the ownership thereof, it shall be delivered to the owner, on the payment of the necessary expenses incurred in the preservation thereof, to be certified by the judge or magistrate.

(f) If the property stolen has not been delivered to the owner thereof, the court before which a conviction shall be had for stealing the property, on proof of the ownership, may order the property to be restored to the owner, on payment of the expenses incurred in the preservation thereof.

(g) If stolen property shall not be claimed by the owner within six (6) months from the time any person may have been convicted for stealing the property, the judge or magistrate authorized by the preceding provisions to order a restoration may order the property to be sold. The proceeds of the sale, after payment of the expenses of the preservation and sale of the property, shall be paid into the county treasury for the use of the county.

(h) (1) If the thing stolen is a living animal or property of a perishable nature, the judge or magistrate authorized to order a restitution may order a sale thereof, and the proceeds shall be applied in the same manner as otherwise directed in this section with respect to stolen property. (2) In all cases of sale as specified in subdivision (h)(1) of this section a particular description of the property shall be made out in writing and filed with the judge or magistrate making the order of sale so that the owner may be enabled to identify the property if he or she shall claim the proceeds within the time allowed for making his or her claim.

(1) If the thing stolen is a living animal or property of a perishable nature, the judge or magistrate authorized to order a restitution may order a sale thereof, and the proceeds shall be applied in the same manner as otherwise directed in this section with respect to stolen property.

(2) In all cases of sale as specified in subdivision (h)(1) of this section a particular description of the property shall be made out in writing and filed with the judge or magistrate making the order of sale so that the owner may be enabled to identify the property if he or she shall claim the proceeds within the time allowed for making his or her claim.

Rev. Stat., ch. 44, div. 4, art. 6, §§ 3, 4; ch. 45, §§ 228-234; C. & M. Dig., §§ 1084, 1085, 10240a, 10240b, 3359-3365; Pope's Dig., §§ 1292, 1293, 1295, 1296, 4207-4213; A.S.A. 1947, §§ 43-2901 -- 43-2909; Acts 2005, No. 1994, § 265.
Ark. Code Ann. § 16-87-304 — AR Code / Title 16 / Chapter 87 / Subchapter 3 / Section 16-87-304
Distribution and placement of public defender positions
Status: in_force

(a) There shall be created within the Arkansas Public Defender Commission a number of positions, including chief public defenders, public defenders, investigators, and secretaries. (b) (1) The commission shall allocate positions to each county or judicial district based on an appropriate formula adopted by the commission. (2) In the distribution of positions, the commission shall be guided by: (A) The current distribution and type of positions across the state; (B) An evaluation of court case filings and dispositions, the number of judges, the size and population of the county or district, and other appropriate factors; and (C) The desire to avoid the necessity of appointing outside public defenders or private counsel due to conflicts of interest. (c) (1) There shall be at least one (1) public defender position allocated to each judicial district. (2) (A) Where appropriate, a position or positions may be assigned to a single county. (B) In counties where more than one (1) position is allocated, the commission may designate one (1) or more of the positions as chief public defender. (3) (A) When one (1) or more chief public defenders is assigned to a county or judicial district and the chief public defender shall have administrative authority over other public defenders within the county or district, the chief public defender may select the other public defenders subject to the approval of the commission. (4) (A) Public defender positions may be allocated on a full-time or part-time basis. (B) When a public defender is employed on a part-time basis, he or she may engage in the general practice of law. (C) No person who serves as a full-time public defender may engage in the private practice of law. (D) No person shall serve as a part-time public defender who also serves as a part-time municipal court judge, city court judge, or deputy prosecuting attorney in any judicial district. Acts 1997, No. 788, § 14; 1997, No. 1341, § 14; 2001, No. 1799, § 10.

(a) There shall be created within the Arkansas Public Defender Commission a number of positions, including chief public defenders, public defenders, investigators, and secretaries.

(b) (1) The commission shall allocate positions to each county or judicial district based on an appropriate formula adopted by the commission. (2) In the distribution of positions, the commission shall be guided by: (A) The current distribution and type of positions across the state; (B) An evaluation of court case filings and dispositions, the number of judges, the size and population of the county or district, and other appropriate factors; and (C) The desire to avoid the necessity of appointing outside public defenders or private counsel due to conflicts of interest.

(1) The commission shall allocate positions to each county or judicial district based on an appropriate formula adopted by the commission.

(2) In the distribution of positions, the commission shall be guided by: (A) The current distribution and type of positions across the state; (B) An evaluation of court case filings and dispositions, the number of judges, the size and population of the county or district, and other appropriate factors; and (C) The desire to avoid the necessity of appointing outside public defenders or private counsel due to conflicts of interest.

(A) The current distribution and type of positions across the state;

(B) An evaluation of court case filings and dispositions, the number of judges, the size and population of the county or district, and other appropriate factors; and

(C) The desire to avoid the necessity of appointing outside public defenders or private counsel due to conflicts of interest.

(c) (1) There shall be at least one (1) public defender position allocated to each judicial district. (2) (A) Where appropriate, a position or positions may be assigned to a single county. (B) In counties where more than one (1) position is allocated, the commission may designate one (1) or more of the positions as chief public defender. (3) (A) When one (1) or more chief public defenders is assigned to a county or judicial district and the chief public defender shall have administrative authority over other public defenders within the county or district, the chief public defender may select the other public defenders subject to the approval of the commission. (4) (A) Public defender positions may be allocated on a full-time or part-time basis. (B) When a public defender is employed on a part-time basis, he or she may engage in the general practice of law. (C) No person who serves as a full-time public defender may engage in the private practice of law. (D) No person shall serve as a part-time public defender who also serves as a part-time municipal court judge, city court judge, or deputy prosecuting attorney in any judicial district.

(1) There shall be at least one (1) public defender position allocated to each judicial district.

(2) (A) Where appropriate, a position or positions may be assigned to a single county. (B) In counties where more than one (1) position is allocated, the commission may designate one (1) or more of the positions as chief public defender.

(A) Where appropriate, a position or positions may be assigned to a single county.

(B) In counties where more than one (1) position is allocated, the commission may designate one (1) or more of the positions as chief public defender.

(3) (A) When one (1) or more chief public defenders is assigned to a county or judicial district and the chief public defender shall have administrative authority over other public defenders within the county or district, the chief public defender may select the other public defenders subject to the approval of the commission.

(A) When one (1) or more chief public defenders is assigned to a county or judicial district and the chief public defender shall have administrative authority over other public defenders within the county or district, the chief public defender may select the other public defenders subject to the approval of the commission.

(4) (A) Public defender positions may be allocated on a full-time or part-time basis. (B) When a public defender is employed on a part-time basis, he or she may engage in the general practice of law. (C) No person who serves as a full-time public defender may engage in the private practice of law. (D) No person shall serve as a part-time public defender who also serves as a part-time municipal court judge, city court judge, or deputy prosecuting attorney in any judicial district.

(A) Public defender positions may be allocated on a full-time or part-time basis.

(B) When a public defender is employed on a part-time basis, he or she may engage in the general practice of law.

(C) No person who serves as a full-time public defender may engage in the private practice of law.

(D) No person shall serve as a part-time public defender who also serves as a part-time municipal court judge, city court judge, or deputy prosecuting attorney in any judicial district.

Acts 1997, No. 788, § 14; 1997, No. 1341, § 14; 2001, No. 1799, § 10.
Ark. Code Ann. § 16-63-505 — AR Code / Title 16 / Chapter 63 / Subchapter 5 / Section 16-63-505
Verification requirement
Status: in_force

For any claim asserted against a person or entity arising from possible privileged communication or an act by that person or entity that could reasonably be construed as an act in furtherance of the right of free speech or the right to petition government for a redress of grievances under the United States Constitution or the Arkansas Constitution in connection with an issue of public interest or concern, the party asserting the claim and the party's attorney of record, if any, shall be required to file contemporaneously with the pleading containing the claim a written verification under oath certifying that: (1) The party and his or her attorney of record, if any, have read the claim; (2) To the best of the knowledge, information, and belief formed after reasonable inquiry of the party or his or her attorney, the claim is well grounded in fact and is warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law; (3) The act forming the basis for the claim is not a privileged communication; and (4) The claim is not asserted for any improper purpose such as to suppress the right of free speech or right to petition government of a person or entity, to harass, or to cause unnecessary delay or needless increase in the cost of litigation. Acts 2005, No. 1843, § 1.

For any claim asserted against a person or entity arising from possible privileged communication or an act by that person or entity that could reasonably be construed as an act in furtherance of the right of free speech or the right to petition government for a redress of grievances under the United States Constitution or the Arkansas Constitution in connection with an issue of public interest or concern, the party asserting the claim and the party's attorney of record, if any, shall be required to file contemporaneously with the pleading containing the claim a written verification under oath certifying that:

(1) The party and his or her attorney of record, if any, have read the claim;

(2) To the best of the knowledge, information, and belief formed after reasonable inquiry of the party or his or her attorney, the claim is well grounded in fact and is warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law;

(3) The act forming the basis for the claim is not a privileged communication; and

(4) The claim is not asserted for any improper purpose such as to suppress the right of free speech or right to petition government of a person or entity, to harass, or to cause unnecessary delay or needless increase in the cost of litigation.

Acts 2005, No. 1843, § 1.
Ark. Code Ann. § 16-87-201 — AR Code / Title 16 / Chapter 87 / Subchapter 2 / Section 16-87-201
Definitions
Status: in_force

For the purpose of this subchapter: (1) "Commission" means the Arkansas Public Defender Commission created by this subchapter; (2) "Executive director" means the person appointed by the commission pursuant to this subchapter; (3) "Indigent person" means a person who, at the time his or her need is determined, is without sufficient funds or assets to employ an attorney due to substantial financial hardship or afford other necessary expenses incidental to employing an attorney; and (4) "Substantial financial hardship" means that a person's current or future financial situation is uncertain or precarious and is presumed if the person's financial situation includes without limitation one (1) or more of the following: (A) Receipt of public assistance such as: (i) Food stamps; (ii) Temporary Assistance for Needy Families; (iii) Medicaid; (iv) Disability insurance; (v) Public housing; or (vi) Supplemental Security Income benefits; (B) Earning less than two hundred percent (200%) of the federal poverty guidelines, as they existed on January 1, 2021; (C) Being incarcerated; or (D) Being admitted to a residential mental health facility. Amended by Act 2021, No. 502,§ 1, eff. 7/28/2021. Acts 1993, No. 1193, § 17.

For the purpose of this subchapter:

(1) "Commission" means the Arkansas Public Defender Commission created by this subchapter;

(2) "Executive director" means the person appointed by the commission pursuant to this subchapter;

(3) "Indigent person" means a person who, at the time his or her need is determined, is without sufficient funds or assets to employ an attorney due to substantial financial hardship or afford other necessary expenses incidental to employing an attorney; and

(4) "Substantial financial hardship" means that a person's current or future financial situation is uncertain or precarious and is presumed if the person's financial situation includes without limitation one (1) or more of the following: (A) Receipt of public assistance such as: (i) Food stamps; (ii) Temporary Assistance for Needy Families; (iii) Medicaid; (iv) Disability insurance; (v) Public housing; or (vi) Supplemental Security Income benefits; (B) Earning less than two hundred percent (200%) of the federal poverty guidelines, as they existed on January 1, 2021; (C) Being incarcerated; or (D) Being admitted to a residential mental health facility.

(A) Receipt of public assistance such as: (i) Food stamps; (ii) Temporary Assistance for Needy Families; (iii) Medicaid; (iv) Disability insurance; (v) Public housing; or (vi) Supplemental Security Income benefits;

(i) Food stamps;

(ii) Temporary Assistance for Needy Families;

(iii) Medicaid;

(iv) Disability insurance;

(v) Public housing; or

(vi) Supplemental Security Income benefits;

(B) Earning less than two hundred percent (200%) of the federal poverty guidelines, as they existed on January 1, 2021;

(C) Being incarcerated; or

(D) Being admitted to a residential mental health facility.

Amended by Act 2021, No. 502,§ 1, eff. 7/28/2021.

Acts 1993, No. 1193, § 17.
Ark. Code Ann. § 16-68-301 — AR Code / Title 16 / Chapter 68 / Subchapter 3 / Section 16-68-301
Persons required to give bond for costs - Deposit in lieu of bond - Dismissal of action for noncompliance
Status: in_force

(a) Before commencing an action, a plaintiff who is a nonresident of this state or a corporation other than a bank created by the laws of this state shall file in the clerk's office a bond, with sufficient surety and to be approved by the clerk, for the payment of all costs which may accrue in the action in the court in which it is brought or in any other court to which it may be carried, either to the defendant or to the officers of the courts. (b) Instead of filing a bond, the plaintiff may deposit with the clerk of the court a sum of money sufficient to pay all costs that have accrued or will probably accrue in the action, subject to the sum's being increased at any time the court may deem necessary and by its order required. (c) An action in which a bond for costs is required by subsection (a) of this section and has not been given shall be dismissed on the motion of the defendant at any time before the judgment, unless the bond is filed in a reasonable time to be allowed by the court after the motion is made therefor, securing all past and future costs. The action shall not be dismissed or abated if a bond for costs is given in such time as the court may allow. Civil Code, §§ 698, 699; C. & M. Dig., §§ 1844, 1845; Pope's Dig., §§ 2363, 2364; Acts 1941, No. 344, § 1; A.S.A. 1947, §§ 27-2301, 27-2302.

(a) Before commencing an action, a plaintiff who is a nonresident of this state or a corporation other than a bank created by the laws of this state shall file in the clerk's office a bond, with sufficient surety and to be approved by the clerk, for the payment of all costs which may accrue in the action in the court in which it is brought or in any other court to which it may be carried, either to the defendant or to the officers of the courts.

(b) Instead of filing a bond, the plaintiff may deposit with the clerk of the court a sum of money sufficient to pay all costs that have accrued or will probably accrue in the action, subject to the sum's being increased at any time the court may deem necessary and by its order required.

(c) An action in which a bond for costs is required by subsection (a) of this section and has not been given shall be dismissed on the motion of the defendant at any time before the judgment, unless the bond is filed in a reasonable time to be allowed by the court after the motion is made therefor, securing all past and future costs. The action shall not be dismissed or abated if a bond for costs is given in such time as the court may allow.

Civil Code, §§ 698, 699; C. & M. Dig., §§ 1844, 1845; Pope's Dig., §§ 2363, 2364; Acts 1941, No. 344, § 1; A.S.A. 1947, §§ 27-2301, 27-2302.
Ark. Code Ann. § 16-21-1901 — AR Code / Title 16 / Chapter 21 / Subchapter 19 / Section 16-21-1901
Legislative findings and intent
Status: in_force

(a) It is not the purpose of this subchapter to repeal any laws fixing the fees of prosecuting attorneys, but rather to update and make more efficient the administration of law and order and the operation of county governments in the Fourteenth Judicial District. (b) It is further recognized that for the most important and complicated work performed by the prosecuting attorney of the several counties of the Fourteenth Judicial District affected by this subchapter, fees are not provided by law. Therefore, it is the intent of this subchapter to provide the salaries set forth in this subchapter without regard to the amount of the prosecuting attorney's fees and emoluments earned or collected in the counties comprising the Fourteenth Judicial District. Acts 1977, No. 950, § 3; A.S.A. 1947, § 24-114.1b.

(a) It is not the purpose of this subchapter to repeal any laws fixing the fees of prosecuting attorneys, but rather to update and make more efficient the administration of law and order and the operation of county governments in the Fourteenth Judicial District.

(b) It is further recognized that for the most important and complicated work performed by the prosecuting attorney of the several counties of the Fourteenth Judicial District affected by this subchapter, fees are not provided by law. Therefore, it is the intent of this subchapter to provide the salaries set forth in this subchapter without regard to the amount of the prosecuting attorney's fees and emoluments earned or collected in the counties comprising the Fourteenth Judicial District.

Acts 1977, No. 950, § 3; A.S.A. 1947, § 24-114.1b.
Ark. Code Ann. § 16-13-3304 — AR Code / Title 16 / Chapter 13 / Subchapter 33 / Section 16-13-3304
Trial court administrators - Reimbursement for expenses
Status: in_force

(a) (1) A trial court administrator of a circuit court is entitled to reimbursement for actual expenses incurred for meals, lodging, and transportation costs for attending court away from the trial court administrator's official station. (2) Notwithstanding the exemption from state travel rules provided by § 19-4-904 , if a trial court administrator uses a personal vehicle for transportation, he or she is entitled to reimbursement for mileage at the same rate prescribed by the Department of Finance and Administration for executive branch employees. (b) Reimbursements for actual expenses and mileage under subsection (a) of this section shall be made monthly by the Administrative Office of the Courts upon claims by the respective trial court administrators certified by the circuit judge. Amended by Act 2019, No. 315,§ 1297, eff. 7/24/2019. Added by Act 2015, No. 268,§ 10, eff. 7/1/2015.

(a) (1) A trial court administrator of a circuit court is entitled to reimbursement for actual expenses incurred for meals, lodging, and transportation costs for attending court away from the trial court administrator's official station. (2) Notwithstanding the exemption from state travel rules provided by § 19-4-904 , if a trial court administrator uses a personal vehicle for transportation, he or she is entitled to reimbursement for mileage at the same rate prescribed by the Department of Finance and Administration for executive branch employees.

(1) A trial court administrator of a circuit court is entitled to reimbursement for actual expenses incurred for meals, lodging, and transportation costs for attending court away from the trial court administrator's official station.

(2) Notwithstanding the exemption from state travel rules provided by § 19-4-904 , if a trial court administrator uses a personal vehicle for transportation, he or she is entitled to reimbursement for mileage at the same rate prescribed by the Department of Finance and Administration for executive branch employees.

(b) Reimbursements for actual expenses and mileage under subsection (a) of this section shall be made monthly by the Administrative Office of the Courts upon claims by the respective trial court administrators certified by the circuit judge.

Amended by Act 2019, No. 315,§ 1297, eff. 7/24/2019.

Added by Act 2015, No. 268,§ 10, eff. 7/1/2015.
Ark. Code Ann. § 16-17-701 — AR Code / Title 16 / Chapter 17 / Subchapter 7 / Section 16-17-701
Title
Status: in_force

This subchapter shall be known as the "District Court Civil Jurisdiction Act". Acts 1987, No. 431, § 1; 2003, No. 1185, § 161.

This subchapter shall be known as the "District Court Civil Jurisdiction Act".

Acts 1987, No. 431, § 1; 2003, No. 1185, § 161.
Ark. Code Ann. § 16-21-123 — AR Code / Title 16 / Chapter 21 / Subchapter 1 / Section 16-21-123
The Third Judicial District
Status: in_force

The Third Judicial District shall be a Division A Judicial District. Acts 1993, No. 1306, § 1.

The Third Judicial District shall be a Division A Judicial District.

Acts 1993, No. 1306, § 1.
Ark. Code Ann. § 16-93-1806 — AR Code / Title 16 / Chapter 93 / Subchapter 18 / Section 16-93-1806
Procedures for release - Hearing
Status: in_force

(a) An inmate under sentence for a felony, except those designated as a felony ineligible to receive earned release credits under § 16-93-1802 , may be transferred to post-release supervision under §§ 16-93-1903 and 16-93-1904 subject to rules promulgated by the Board of Corrections or the Post-Prison Transfer Board and conditions adopted by the Post-Prison Transfer Board. (b) Before a hearing of the Post-Prison Transfer Board to consider a transfer to post-release supervision, notification of the committing court, the prosecuting attorney, county sheriff, and the victim or the victim's next of kin for an inmate under sentence for an offense other than one (1) in the target group as defined in § 16-93-1202 shall follow the procedures stated in § 16-93-1810 . (c) (1) For an inmate under sentence for a felony within the target group as defined in § 16-93-1202 , before the Post-Prison Transfer Board sets conditions for transfer of the inmate to post-release supervision, a victim, or his or her next of kin in cases in which the victim is unable to express his or her desire, who has expressed the desire to be consulted by the Post-Prison Transfer Board shall be notified of the date, time, and place of the transfer hearing. (2) (A) A victim or his or her next of kin who desires to be consulted by the Post-Prison Transfer Board under this section shall inform the Post-Prison Transfer Board of his or her desire to be consulted in writing at the time of sentence. (B) A victim or his or her next of kin who does not inform the Post-Prison Transfer Board of his or her desire to be consulted as required under subdivision (c)(2)(A) of this section is not required to be notified by the Post-Prison Transfer Board. (3) (A) Victim input to the Post-Prison Transfer Board under this section is limited to oral or written recommendations on conditions relevant to the inmate under review for transfer to post-release supervision. (B) The oral or written recommendations received under this subsection are not binding on the Post-Prison Transfer Board but are given due consideration within the resources available for transfer to post-release supervision. Added by Act 2023, No. 659,§ 2, eff. 1/1/2024.

(a) An inmate under sentence for a felony, except those designated as a felony ineligible to receive earned release credits under § 16-93-1802 , may be transferred to post-release supervision under §§ 16-93-1903 and 16-93-1904 subject to rules promulgated by the Board of Corrections or the Post-Prison Transfer Board and conditions adopted by the Post-Prison Transfer Board.

(b) Before a hearing of the Post-Prison Transfer Board to consider a transfer to post-release supervision, notification of the committing court, the prosecuting attorney, county sheriff, and the victim or the victim's next of kin for an inmate under sentence for an offense other than one (1) in the target group as defined in § 16-93-1202 shall follow the procedures stated in § 16-93-1810 .

(c) (1) For an inmate under sentence for a felony within the target group as defined in § 16-93-1202 , before the Post-Prison Transfer Board sets conditions for transfer of the inmate to post-release supervision, a victim, or his or her next of kin in cases in which the victim is unable to express his or her desire, who has expressed the desire to be consulted by the Post-Prison Transfer Board shall be notified of the date, time, and place of the transfer hearing. (2) (A) A victim or his or her next of kin who desires to be consulted by the Post-Prison Transfer Board under this section shall inform the Post-Prison Transfer Board of his or her desire to be consulted in writing at the time of sentence. (B) A victim or his or her next of kin who does not inform the Post-Prison Transfer Board of his or her desire to be consulted as required under subdivision (c)(2)(A) of this section is not required to be notified by the Post-Prison Transfer Board. (3) (A) Victim input to the Post-Prison Transfer Board under this section is limited to oral or written recommendations on conditions relevant to the inmate under review for transfer to post-release supervision. (B) The oral or written recommendations received under this subsection are not binding on the Post-Prison Transfer Board but are given due consideration within the resources available for transfer to post-release supervision.

(1) For an inmate under sentence for a felony within the target group as defined in § 16-93-1202 , before the Post-Prison Transfer Board sets conditions for transfer of the inmate to post-release supervision, a victim, or his or her next of kin in cases in which the victim is unable to express his or her desire, who has expressed the desire to be consulted by the Post-Prison Transfer Board shall be notified of the date, time, and place of the transfer hearing.

(2) (A) A victim or his or her next of kin who desires to be consulted by the Post-Prison Transfer Board under this section shall inform the Post-Prison Transfer Board of his or her desire to be consulted in writing at the time of sentence. (B) A victim or his or her next of kin who does not inform the Post-Prison Transfer Board of his or her desire to be consulted as required under subdivision (c)(2)(A) of this section is not required to be notified by the Post-Prison Transfer Board.

(A) A victim or his or her next of kin who desires to be consulted by the Post-Prison Transfer Board under this section shall inform the Post-Prison Transfer Board of his or her desire to be consulted in writing at the time of sentence.

(B) A victim or his or her next of kin who does not inform the Post-Prison Transfer Board of his or her desire to be consulted as required under subdivision (c)(2)(A) of this section is not required to be notified by the Post-Prison Transfer Board.

(3) (A) Victim input to the Post-Prison Transfer Board under this section is limited to oral or written recommendations on conditions relevant to the inmate under review for transfer to post-release supervision. (B) The oral or written recommendations received under this subsection are not binding on the Post-Prison Transfer Board but are given due consideration within the resources available for transfer to post-release supervision.

(A) Victim input to the Post-Prison Transfer Board under this section is limited to oral or written recommendations on conditions relevant to the inmate under review for transfer to post-release supervision.

(B) The oral or written recommendations received under this subsection are not binding on the Post-Prison Transfer Board but are given due consideration within the resources available for transfer to post-release supervision.

Added by Act 2023, No. 659,§ 2, eff. 1/1/2024.
Ark. Code Ann. § 16-93-1804 — AR Code / Title 16 / Chapter 93 / Subchapter 18 / Section 16-93-1804
Release eligibility for felonies committed on or after January 1, 2025
Status: in_force

Except as provided in § 16-93-1803 , a person who commits a felony on or after January 1, 2025, and who is convicted and incarcerated for that felony is eligible for release as follows: (1) A person who commits an offense meeting the definition of target group as defined under § 16-93-1202 and who is judicially or administratively transferred to a community correction center is eligible for transfer to post-release supervision as follows: (A) If the person is transferred back to the Division of Correction for disciplinary reasons, he or she is ineligible to accrue earned release credits against the sentence for which he or she is transferred to the Division of Correction for disciplinary reasons; (B) If the person is transferred back to the Division of Correction for administrative reasons, he or she may be considered for transfer to post-release supervision as otherwise authorized in § 16-93-1803 and this section; (C) If the person is not transferred back to the Division of Correction for administrative or disciplinary reasons, he or she is eligible for release under § 12-27-127(c) ; and (D) A person who has committed a felony that is within the target group as defined under § 16-93-1202 and who is transferred to community supervision is eligible, under the rules established by the Post-Prison Transfer Board, for commitment to a community correction facility if he or she is found to be in violation of any of his or her conditions of post-release supervision, unless the post-release supervision violation constitutes a non-target felony offense; (2) For a person sentenced to death, life imprisonment without parole, or life imprisonment: (A) If the sentence is death or life imprisonment without parole, the person is not eligible for transfer to post-release supervision unless his or her sentence is pardoned or commuted to a term of years by the Governor as provided by law; (B) If the sentence is life imprisonment, the person is not eligible for transfer to post-release supervision unless his or her sentence is commuted to a term of years by executive clemency; (C) Upon commutation, a person under sentence of death or life imprisonment without parole must serve the entire term set by the commutation; and (D) Upon commutation, a person under a sentence of life imprisonment is eligible for transfer to post-release supervision as provided in this section or in § 16-93-1803 ; (3) A person sentenced for a felony who was a minor at the time he or she committed the felony is eligible for release on the earlier of either the date authorized by this section or the date authorized by § 16-93-621 ; and (4) (A) Every other person who is incarcerated for commission of a felony is eligible for transfer to post-release supervision when the sum of his or her actual time served in confinement and his or her earned release credits equals or exceeds one hundred percent (100%) of the term of imprisonment imposed by the sentencing court. (B) The maximum amount of earned release credits that can be accrued and granted by the Post-Prison Transfer Board under subdivision (4)(A) of this section is fifty percent (50%) or seventy-five percent (75%) of the term of imprisonment imposed by the sentencing court, depending on the seriousness determination provided in the sentencing grid or table promulgated by the Arkansas Sentencing Commission and approved by the Legislative Council. Added by Act 2023, No. 659,§ 2, eff. 1/1/2024.

Except as provided in § 16-93-1803 , a person who commits a felony on or after January 1, 2025, and who is convicted and incarcerated for that felony is eligible for release as follows:

(1) A person who commits an offense meeting the definition of target group as defined under § 16-93-1202 and who is judicially or administratively transferred to a community correction center is eligible for transfer to post-release supervision as follows: (A) If the person is transferred back to the Division of Correction for disciplinary reasons, he or she is ineligible to accrue earned release credits against the sentence for which he or she is transferred to the Division of Correction for disciplinary reasons; (B) If the person is transferred back to the Division of Correction for administrative reasons, he or she may be considered for transfer to post-release supervision as otherwise authorized in § 16-93-1803 and this section; (C) If the person is not transferred back to the Division of Correction for administrative or disciplinary reasons, he or she is eligible for release under § 12-27-127(c) ; and (D) A person who has committed a felony that is within the target group as defined under § 16-93-1202 and who is transferred to community supervision is eligible, under the rules established by the Post-Prison Transfer Board, for commitment to a community correction facility if he or she is found to be in violation of any of his or her conditions of post-release supervision, unless the post-release supervision violation constitutes a non-target felony offense;

(A) If the person is transferred back to the Division of Correction for disciplinary reasons, he or she is ineligible to accrue earned release credits against the sentence for which he or she is transferred to the Division of Correction for disciplinary reasons;

(B) If the person is transferred back to the Division of Correction for administrative reasons, he or she may be considered for transfer to post-release supervision as otherwise authorized in § 16-93-1803 and this section;

(C) If the person is not transferred back to the Division of Correction for administrative or disciplinary reasons, he or she is eligible for release under § 12-27-127(c) ; and

(D) A person who has committed a felony that is within the target group as defined under § 16-93-1202 and who is transferred to community supervision is eligible, under the rules established by the Post-Prison Transfer Board, for commitment to a community correction facility if he or she is found to be in violation of any of his or her conditions of post-release supervision, unless the post-release supervision violation constitutes a non-target felony offense;

(2) For a person sentenced to death, life imprisonment without parole, or life imprisonment: (A) If the sentence is death or life imprisonment without parole, the person is not eligible for transfer to post-release supervision unless his or her sentence is pardoned or commuted to a term of years by the Governor as provided by law; (B) If the sentence is life imprisonment, the person is not eligible for transfer to post-release supervision unless his or her sentence is commuted to a term of years by executive clemency; (C) Upon commutation, a person under sentence of death or life imprisonment without parole must serve the entire term set by the commutation; and (D) Upon commutation, a person under a sentence of life imprisonment is eligible for transfer to post-release supervision as provided in this section or in § 16-93-1803 ;

(A) If the sentence is death or life imprisonment without parole, the person is not eligible for transfer to post-release supervision unless his or her sentence is pardoned or commuted to a term of years by the Governor as provided by law;

(B) If the sentence is life imprisonment, the person is not eligible for transfer to post-release supervision unless his or her sentence is commuted to a term of years by executive clemency;

(C) Upon commutation, a person under sentence of death or life imprisonment without parole must serve the entire term set by the commutation; and

(D) Upon commutation, a person under a sentence of life imprisonment is eligible for transfer to post-release supervision as provided in this section or in § 16-93-1803 ;

(3) A person sentenced for a felony who was a minor at the time he or she committed the felony is eligible for release on the earlier of either the date authorized by this section or the date authorized by § 16-93-621 ; and

(4) (A) Every other person who is incarcerated for commission of a felony is eligible for transfer to post-release supervision when the sum of his or her actual time served in confinement and his or her earned release credits equals or exceeds one hundred percent (100%) of the term of imprisonment imposed by the sentencing court. (B) The maximum amount of earned release credits that can be accrued and granted by the Post-Prison Transfer Board under subdivision (4)(A) of this section is fifty percent (50%) or seventy-five percent (75%) of the term of imprisonment imposed by the sentencing court, depending on the seriousness determination provided in the sentencing grid or table promulgated by the Arkansas Sentencing Commission and approved by the Legislative Council.

(A) Every other person who is incarcerated for commission of a felony is eligible for transfer to post-release supervision when the sum of his or her actual time served in confinement and his or her earned release credits equals or exceeds one hundred percent (100%) of the term of imprisonment imposed by the sentencing court.

(B) The maximum amount of earned release credits that can be accrued and granted by the Post-Prison Transfer Board under subdivision (4)(A) of this section is fifty percent (50%) or seventy-five percent (75%) of the term of imprisonment imposed by the sentencing court, depending on the seriousness determination provided in the sentencing grid or table promulgated by the Arkansas Sentencing Commission and approved by the Legislative Council.

Added by Act 2023, No. 659,§ 2, eff. 1/1/2024.
Ark. Code Ann. § 16-119-109 — AR Code / Title 16 / Chapter 119 / Section 16-119-109
Restoration of bonds of executors, administrators, or guardians
Status: in_force

(a) In all cases relating to executorships, administrations, and guardianships in which the bonds of the executors, administrators, or guardians were lost, destroyed, or burned, it shall be the duty of the circuit court of the county to require all the executors, administrators, or guardians who have not already done so to file in the circuit court a report in which they shall set forth, as far as possible, their proceedings in their executorships, administrations, or guardianships, the amount and conditions of their bonds originally given, and the names of their securities. (b) After the filing of the report, the circuit court shall immediately order the clerk to issue citations against all the securities named in the report as having been signers of the executor's, administrator's, or guardian's bond, which citations shall command the securities to appear before the circuit court on or before the date specified therein and show cause why the bonds so reported should not be established and reinstated upon the records of the circuit court with like effect as the original bond. (c) At the return term of the citation, the circuit court shall proceed to hear the allegations and proofs of the parties in case opposition is made to the reinstating of the bond, and shall determine the same as the right thereof shall appear. (d) If no opposition is made or if the finding of the circuit court shall be against the obligors in the bond, then the circuit court shall order that the copy set forth in the report be reinstated as the original bond, and the copy of the bond shall be recorded by the circuit clerk in the book kept by the circuit clerk in his or her office for that purpose, with a copy of the order reinstating the bond. (e) No such order shall be entered in any case unless the securities have had thirty (30) days' notice before the commencement of the term of the circuit court at which the citation is returnable. (f) Any executor, administrator, or guardian who fails to make any report as specified in this section, when required to do so by order of the probate division of the circuit court of the county, within thirty (30) days after the making and entering of the order, and being notified of the order, shall incur the same pains and penalties that are prescribed by law for failure to make any settlement required by existing laws. The probate division of the circuit court, at the next succeeding term after such a failure, shall revoke the executor's, administrator's, or guardian's letters, and the executor's, administrator's, or guardian's powers shall thenceforth cease. Acts 1855, § 6, p. 113; 1857, §§ 1, 2, p. 81; C. & M. Dig., §§ 8342, 8350; Pope's Dig., §§ 10938, 10946; A.S.A. 1947, §§ 16-408, 16-411, 16-412; Acts 2003, No. 1185, § 249.

(a) In all cases relating to executorships, administrations, and guardianships in which the bonds of the executors, administrators, or guardians were lost, destroyed, or burned, it shall be the duty of the circuit court of the county to require all the executors, administrators, or guardians who have not already done so to file in the circuit court a report in which they shall set forth, as far as possible, their proceedings in their executorships, administrations, or guardianships, the amount and conditions of their bonds originally given, and the names of their securities.

(b) After the filing of the report, the circuit court shall immediately order the clerk to issue citations against all the securities named in the report as having been signers of the executor's, administrator's, or guardian's bond, which citations shall command the securities to appear before the circuit court on or before the date specified therein and show cause why the bonds so reported should not be established and reinstated upon the records of the circuit court with like effect as the original bond.

(c) At the return term of the citation, the circuit court shall proceed to hear the allegations and proofs of the parties in case opposition is made to the reinstating of the bond, and shall determine the same as the right thereof shall appear.

(d) If no opposition is made or if the finding of the circuit court shall be against the obligors in the bond, then the circuit court shall order that the copy set forth in the report be reinstated as the original bond, and the copy of the bond shall be recorded by the circuit clerk in the book kept by the circuit clerk in his or her office for that purpose, with a copy of the order reinstating the bond.

(e) No such order shall be entered in any case unless the securities have had thirty (30) days' notice before the commencement of the term of the circuit court at which the citation is returnable.

(f) Any executor, administrator, or guardian who fails to make any report as specified in this section, when required to do so by order of the probate division of the circuit court of the county, within thirty (30) days after the making and entering of the order, and being notified of the order, shall incur the same pains and penalties that are prescribed by law for failure to make any settlement required by existing laws. The probate division of the circuit court, at the next succeeding term after such a failure, shall revoke the executor's, administrator's, or guardian's letters, and the executor's, administrator's, or guardian's powers shall thenceforth cease.

Acts 1855, § 6, p. 113; 1857, §§ 1, 2, p. 81; C. & M. Dig., §§ 8342, 8350; Pope's Dig., §§ 10938, 10946; A.S.A. 1947, §§ 16-408, 16-411, 16-412; Acts 2003, No. 1185, § 249.
Ark. Code Ann. § 16-19-1106 — AR Code / Title 16 / Chapter 19 / Subchapter 11 / Section 16-19-1106
[Repealed]
Status: repealed

Repealed by Act 2021, No. 475,§ 15, eff. 7/28/2021. Acts 1873, No. 135, § 114, p. 430; C. & M. Dig., § 6530; Pope's Dig., § 8492; A.S.A. 1947, § 26-1320.

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

Acts 1873, No. 135, § 114, p. 430; C. & M. Dig., § 6530; Pope's Dig., § 8492; A.S.A. 1947, § 26-1320.
Ark. Code Ann. § 16-21-113 — AR Code / Title 16 / Chapter 21 / Subchapter 1 / Section 16-21-113
Deputies
Status: in_force

(a) (1) The prosecuting attorneys of the several judicial districts of this state may appoint one (1) deputy in each of the several counties composing their districts. In counties having two (2) judicial districts, a deputy may be appointed for each district. (2) The appointment shall not take effect until approved, in writing, by the judge of the circuit court of the district. The approval shall be filed in the office of the clerk of the circuit court of the county for which such deputy is appointed. (b) In judicial districts which contain a county which has two (2) levying courts or in those judicial districts where the prosecuting attorney and the circuit judge concur in the necessity therefor, the prosecuting attorney of the judicial districts may appoint one (1) or more deputies whose jurisdiction shall be the same as that of the prosecuting attorney. (c) (1) The deputy prosecuting attorney provided for in this section shall have authority to file an information with any justice of the peace, municipal court judge, or the circuit court of his judicial district, in the name of the prosecutor charging any person with the commission of any offense against the laws of this state. (2) Upon the filing of the information, it shall be the duty of such justice of the peace or municipal court judge, or the clerk of the circuit court, to issue a warrant for the arrest of the offender. In such a case, no bond for cost of prosecution shall be required. (d) When any person shall have been arrested under a warrant issued in accordance with the provisions of this section, it shall be the duty of the deputy prosecuting attorney to attend and prosecute such charges on behalf of the state. He shall in a similar manner attend and prosecute on behalf of the state in any criminal case pending before any justice of the peace or municipal court judge or in the circuit court of his judicial district, when so requested by the justice of the peace, municipal court judge, or the prosecuting attorney of the judicial district. (e) In the event of a conviction, he shall be allowed the same fees as provided by law for the prosecuting of misdemeanor cases. However, the deputy prosecuting attorney shall not be entitled to fees for the prosecution of felony cases. (f) The deputy prosecuting attorney shall receive no fees or salary from the state for his services and may be removed at any time by the prosecuting attorney appointing him. (g) The special deputy prosecuting attorney for the Eleventh Judicial District shall be available to provide services to any other judicial district in the state in which state penal facilities are located or in which state penal matters are involved, when called upon by the prosecutor of any such judicial district. Acts 1893, No. 59, § 3, p. 88; C. & M. Dig., § 8311; Acts 1937, No. 286, §§ 1, 3, 4; Pope's Dig., §§ 10884-10886, 10888; Acts 1947, No. 52, § 1; 1947, No. 151, § 1; 1977, No. 439, § 3; A.S.A. 1947, §§ 24-119 -- 24-122; Acts 1987, No. 221, § 3; 1989 (1st Ex. Sess.), No. 21, § 3; 1991, No. 79, § 3; 1995, No. 1256, § 20; 1995 (1st Ex. Sess.), No. 13, § 4.

(a) (1) The prosecuting attorneys of the several judicial districts of this state may appoint one (1) deputy in each of the several counties composing their districts. In counties having two (2) judicial districts, a deputy may be appointed for each district. (2) The appointment shall not take effect until approved, in writing, by the judge of the circuit court of the district. The approval shall be filed in the office of the clerk of the circuit court of the county for which such deputy is appointed.

(1) The prosecuting attorneys of the several judicial districts of this state may appoint one (1) deputy in each of the several counties composing their districts. In counties having two (2) judicial districts, a deputy may be appointed for each district.

(2) The appointment shall not take effect until approved, in writing, by the judge of the circuit court of the district. The approval shall be filed in the office of the clerk of the circuit court of the county for which such deputy is appointed.

(b) In judicial districts which contain a county which has two (2) levying courts or in those judicial districts where the prosecuting attorney and the circuit judge concur in the necessity therefor, the prosecuting attorney of the judicial districts may appoint one (1) or more deputies whose jurisdiction shall be the same as that of the prosecuting attorney.

(c) (1) The deputy prosecuting attorney provided for in this section shall have authority to file an information with any justice of the peace, municipal court judge, or the circuit court of his judicial district, in the name of the prosecutor charging any person with the commission of any offense against the laws of this state. (2) Upon the filing of the information, it shall be the duty of such justice of the peace or municipal court judge, or the clerk of the circuit court, to issue a warrant for the arrest of the offender. In such a case, no bond for cost of prosecution shall be required.

(1) The deputy prosecuting attorney provided for in this section shall have authority to file an information with any justice of the peace, municipal court judge, or the circuit court of his judicial district, in the name of the prosecutor charging any person with the commission of any offense against the laws of this state.

(2) Upon the filing of the information, it shall be the duty of such justice of the peace or municipal court judge, or the clerk of the circuit court, to issue a warrant for the arrest of the offender. In such a case, no bond for cost of prosecution shall be required.

(d) When any person shall have been arrested under a warrant issued in accordance with the provisions of this section, it shall be the duty of the deputy prosecuting attorney to attend and prosecute such charges on behalf of the state. He shall in a similar manner attend and prosecute on behalf of the state in any criminal case pending before any justice of the peace or municipal court judge or in the circuit court of his judicial district, when so requested by the justice of the peace, municipal court judge, or the prosecuting attorney of the judicial district.

(e) In the event of a conviction, he shall be allowed the same fees as provided by law for the prosecuting of misdemeanor cases. However, the deputy prosecuting attorney shall not be entitled to fees for the prosecution of felony cases.

(f) The deputy prosecuting attorney shall receive no fees or salary from the state for his services and may be removed at any time by the prosecuting attorney appointing him.

(g) The special deputy prosecuting attorney for the Eleventh Judicial District shall be available to provide services to any other judicial district in the state in which state penal facilities are located or in which state penal matters are involved, when called upon by the prosecutor of any such judicial district.

Acts 1893, No. 59, § 3, p. 88; C. & M. Dig., § 8311; Acts 1937, No. 286, §§ 1, 3, 4; Pope's Dig., §§ 10884-10886, 10888; Acts 1947, No. 52, § 1; 1947, No. 151, § 1; 1977, No. 439, § 3; A.S.A. 1947, §§ 24-119 -- 24-122; Acts 1987, No. 221, § 3; 1989 (1st Ex. Sess.), No. 21, § 3; 1991, No. 79, § 3; 1995, No. 1256, § 20; 1995 (1st Ex. Sess.), No. 13, § 4.
Ark. Code Ann. § 16-91-116 — AR Code / Title 16 / Chapter 91 / Subchapter 1 / Section 16-91-116
Proceedings on reversal and new trial
Status: in_force

(a) Upon a mandate of reversal ordering a new trial being filed in the clerk's office of the circuit court in which the judgment of confinement in the Department of Correction was rendered and executed, the clerk shall deliver to the county sheriff a copy of the mandate and precept, authorizing and commanding the county sheriff to bring the defendant from the department to the county jail, which shall be obeyed by the county sheriff and Director of the Department of Correction. (b) If the defendant is again convicted upon the new trial, the period of his or her former confinement in the department shall be deducted by the circuit court from the period of confinement fixed in the last verdict of conviction. Crim. Code, §§ 335, 336; C. & M. Dig., §§ 3419, 3420; Pope's Dig., §§ 4262, 4263; A.S.A. 1947, §§ 43-2727, 43-2728; Acts 2005, No. 1994, § 285.

(a) Upon a mandate of reversal ordering a new trial being filed in the clerk's office of the circuit court in which the judgment of confinement in the Department of Correction was rendered and executed, the clerk shall deliver to the county sheriff a copy of the mandate and precept, authorizing and commanding the county sheriff to bring the defendant from the department to the county jail, which shall be obeyed by the county sheriff and Director of the Department of Correction.

(b) If the defendant is again convicted upon the new trial, the period of his or her former confinement in the department shall be deducted by the circuit court from the period of confinement fixed in the last verdict of conviction.

Crim. Code, §§ 335, 336; C. & M. Dig., §§ 3419, 3420; Pope's Dig., §§ 4262, 4263; A.S.A. 1947, §§ 43-2727, 43-2728; Acts 2005, No. 1994, § 285.
Ark. Code Ann. § 16-10-1002 — AR Code / Title 16 / Chapter 10 / Subchapter 10 / Section 16-10-1002
Purpose and findings
Status: in_force

(a) Recent incidents involving serious court security failures resulting in death or injury to judges and others in court facilities across the United States indicate that court security is an issue requiring an immediate response from this state. (b) It is a valid expectation that every person who attends or is present in a court proceeding in a district, circuit, or appellate court in this state is entitled to a reasonably safe and secure environment. (c) It is a goal of this state to provide citizens, litigants, jurors, attorneys, court employees, and judges with a safe and secure venue in which to work and conduct business. (d) It is the purpose of this subchapter to establish a general program for security and emergency preparedness for the judicial branch of government. Acts 2007, No. 576, § 1.

(a) Recent incidents involving serious court security failures resulting in death or injury to judges and others in court facilities across the United States indicate that court security is an issue requiring an immediate response from this state.

(b) It is a valid expectation that every person who attends or is present in a court proceeding in a district, circuit, or appellate court in this state is entitled to a reasonably safe and secure environment.

(c) It is a goal of this state to provide citizens, litigants, jurors, attorneys, court employees, and judges with a safe and secure venue in which to work and conduct business.

(d) It is the purpose of this subchapter to establish a general program for security and emergency preparedness for the judicial branch of government.

Acts 2007, No. 576, § 1.
Ark. Code Ann. § 16-56-101 — AR Code / Title 16 / Chapter 56 / Subchapter 1 / Section 16-56-101
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1148,§ 19, eff. 8/16/2013. Acts 1844, § 3, p. 24; C. & M. Dig., § 6962; Pope's Dig., § 8940; A.S.A. 1947, § 37-230.

Repealed by Act 2013, No. 1148,§ 19, eff. 8/16/2013.

Acts 1844, § 3, p. 24; C. & M. Dig., § 6962; Pope's Dig., § 8940; A.S.A. 1947, § 37-230.
Ark. Code Ann. § 16-81-301 — AR Code / Title 16 / Chapter 81 / Subchapter 3 / Section 16-81-301
Authority of law enforcement officers
Status: in_force

Any law enforcement officer of this state in fresh pursuit of a person who is reasonably believed to have committed a felony in this state or has committed or attempted to commit any criminal offense in this state in the presence of the officer, or for whom the officer holds a warrant of arrest for a criminal offense, shall have the authority to arrest and hold in custody such person anywhere in this state. Acts 1941, No. 19, § 1; A.S.A. 1947, § 43-501; Acts 2005, No. 1994, § 250.

Any law enforcement officer of this state in fresh pursuit of a person who is reasonably believed to have committed a felony in this state or has committed or attempted to commit any criminal offense in this state in the presence of the officer, or for whom the officer holds a warrant of arrest for a criminal offense, shall have the authority to arrest and hold in custody such person anywhere in this state.

Acts 1941, No. 19, § 1; A.S.A. 1947, § 43-501; Acts 2005, No. 1994, § 250.
Ark. Code Ann. § 16-123-337 — AR Code / Title 16 / Chapter 123 / Subchapter 3 / Section 16-123-337
Court-appointed attorney
Status: in_force

On application by a person alleging a discriminatory housing practice or by a person against whom a discriminatory housing practice is alleged, the court may appoint an attorney for the person to the extent provided by applicable law concerning indigents in civil actions. Acts 2001, No. 1785, § 38.

On application by a person alleging a discriminatory housing practice or by a person against whom a discriminatory housing practice is alleged, the court may appoint an attorney for the person to the extent provided by applicable law concerning indigents in civil actions.

Acts 2001, No. 1785, § 38.
Ark. Code Ann. § 16-87-307 — AR Code / Title 16 / Chapter 87 / Subchapter 3 / Section 16-87-307
Conflicts of interest
Status: in_force

(a) If a court determines that a conflict of interest exists between an indigent person and a public defender, the case shall be reassigned as follows: (1) If there is within the county or judicial district another public defender, the appointment of whom would not create a conflict of interest, the judge shall appoint that public defender to defend the person; (2) If there is no other public defender within the county or judicial district eligible to represent the person, the judge shall notify the Arkansas Public Defender Commission, which may appoint a public defender from an adjacent area; or (3) A private attorney may be appointed by the judge who shall notify in writing the commission of the appointment, the type of case, and the reason for the appointment within twenty (20) days of the appointment. (b) The commission shall continue to maintain a list of private attorneys based upon their qualifications for acceptance of appointment. (c) (1) A list for each judicial district shall be prepared, certified, and updated annually by the commission. (2) A separate list of attorneys throughout the state qualified and willing to accept appointment as lead counsel in capital cases shall be prepared, certified, and updated annually by the commission. (3) The commission shall create a second list of attorneys who may be appointed to assist the lead counsel. (4) The commission shall create and maintain a list of attorneys who are qualified and willing to accept appointment as lead counsel in actions under Rule 37.5 of the Arkansas Rules of Criminal Procedure. Acts 1997, No. 788, § 20; 1997, No. 1341, § 20; 2001, No. 1799, § 12; 2003, No. 605, § 1.

(a) If a court determines that a conflict of interest exists between an indigent person and a public defender, the case shall be reassigned as follows: (1) If there is within the county or judicial district another public defender, the appointment of whom would not create a conflict of interest, the judge shall appoint that public defender to defend the person; (2) If there is no other public defender within the county or judicial district eligible to represent the person, the judge shall notify the Arkansas Public Defender Commission, which may appoint a public defender from an adjacent area; or (3) A private attorney may be appointed by the judge who shall notify in writing the commission of the appointment, the type of case, and the reason for the appointment within twenty (20) days of the appointment.

(1) If there is within the county or judicial district another public defender, the appointment of whom would not create a conflict of interest, the judge shall appoint that public defender to defend the person;

(2) If there is no other public defender within the county or judicial district eligible to represent the person, the judge shall notify the Arkansas Public Defender Commission, which may appoint a public defender from an adjacent area; or

(3) A private attorney may be appointed by the judge who shall notify in writing the commission of the appointment, the type of case, and the reason for the appointment within twenty (20) days of the appointment.

(b) The commission shall continue to maintain a list of private attorneys based upon their qualifications for acceptance of appointment.

(c) (1) A list for each judicial district shall be prepared, certified, and updated annually by the commission. (2) A separate list of attorneys throughout the state qualified and willing to accept appointment as lead counsel in capital cases shall be prepared, certified, and updated annually by the commission. (3) The commission shall create a second list of attorneys who may be appointed to assist the lead counsel. (4) The commission shall create and maintain a list of attorneys who are qualified and willing to accept appointment as lead counsel in actions under Rule 37.5 of the Arkansas Rules of Criminal Procedure.

(1) A list for each judicial district shall be prepared, certified, and updated annually by the commission.

(2) A separate list of attorneys throughout the state qualified and willing to accept appointment as lead counsel in capital cases shall be prepared, certified, and updated annually by the commission.

(3) The commission shall create a second list of attorneys who may be appointed to assist the lead counsel.

(4) The commission shall create and maintain a list of attorneys who are qualified and willing to accept appointment as lead counsel in actions under Rule 37.5 of the Arkansas Rules of Criminal Procedure.

Acts 1997, No. 788, § 20; 1997, No. 1341, § 20; 2001, No. 1799, § 12; 2003, No. 605, § 1.
Ark. Code Ann. § 16-110-208 — AR Code / Title 16 / Chapter 110 / Subchapter 2 / Section 16-110-208
Conditions of bond to obtain discharge
Status: in_force

The court may, in any of the cases mentioned in § 16-110-202 or § 16-110-203 , direct the terms and conditions of the bond to be executed by the defendant, with security, in order to obtain a discharge of the attachment. Civil Code, § 271; C. & M. Dig., § 561; Pope's Dig., § 598; A.S.A. 1947, § 31-308.

The court may, in any of the cases mentioned in § 16-110-202 or § 16-110-203 , direct the terms and conditions of the bond to be executed by the defendant, with security, in order to obtain a discharge of the attachment.

Civil Code, § 271; C. & M. Dig., § 561; Pope's Dig., § 598; A.S.A. 1947, § 31-308.
Ark. Code Ann. § 16-13-505 — AR Code / Title 16 / Chapter 13 / Subchapter 5 / Section 16-13-505
Court reporters - Reimbursement for expenses
Status: in_force

(a) (1) A court reporter for a circuit court is entitled to reimbursement for actual expenses incurred for meals, lodging, and transportation costs for attending court away from the court reporter's official station. (2) Notwithstanding the exemption from state travel rules provided by § 19-4-904 , if a court reporter uses a personal vehicle for transportation, he or she is entitled to reimbursement for mileage at the same rate prescribed by the Department of Finance and Administration for executive branch employees. (b) Reimbursements for actual expenses and mileage under subsection (a) of this section shall be made monthly by the Administrative Office of the Courts upon claims by the respective court reporters certified by the circuit judge. Amended by Act 2019, No. 315,§ 1296, eff. 7/24/2019. Amended by Act 2015, No. 268,§ 7, eff. 7/1/2015. Acts 1981 (Ex. Sess.), No. 16, § 6; 1985, No. 63, § 1; A.S.A. 1947, § 22-367.3; Acts 2003, No. 1185, § 89; 2005, No. 461, § 2.

(a) (1) A court reporter for a circuit court is entitled to reimbursement for actual expenses incurred for meals, lodging, and transportation costs for attending court away from the court reporter's official station. (2) Notwithstanding the exemption from state travel rules provided by § 19-4-904 , if a court reporter uses a personal vehicle for transportation, he or she is entitled to reimbursement for mileage at the same rate prescribed by the Department of Finance and Administration for executive branch employees.

(1) A court reporter for a circuit court is entitled to reimbursement for actual expenses incurred for meals, lodging, and transportation costs for attending court away from the court reporter's official station.

(2) Notwithstanding the exemption from state travel rules provided by § 19-4-904 , if a court reporter uses a personal vehicle for transportation, he or she is entitled to reimbursement for mileage at the same rate prescribed by the Department of Finance and Administration for executive branch employees.

(b) Reimbursements for actual expenses and mileage under subsection (a) of this section shall be made monthly by the Administrative Office of the Courts upon claims by the respective court reporters certified by the circuit judge.

Amended by Act 2019, No. 315,§ 1296, eff. 7/24/2019.

Amended by Act 2015, No. 268,§ 7, eff. 7/1/2015.

Acts 1981 (Ex. Sess.), No. 16, § 6; 1985, No. 63, § 1; A.S.A. 1947, § 22-367.3; Acts 2003, No. 1185, § 89; 2005, No. 461, § 2.
Ark. Code Ann. § 16-21-1001 — AR Code / Title 16 / Chapter 21 / Subchapter 10 / Section 16-21-1001
Operating expenses
Status: in_force

(a) The Prosecuting Attorney of the Fifth Judicial District shall be entitled to an operating expense of not less than seventeen thousand five hundred dollars ($17,500) to cover the cost of printing, supplies, equipment, janitorial services, cleaning supplies, food, service contracts, accounting, postage, photocopies, travel, training, utilities, rent, juror and witness fees, and such other expenses which within the discretion of the prosecuting attorney may be proper expenses of the office in connection with the investigation and prosecution of criminal activity within the district. Said expenses shall be paid in equal monthly installments from the Pope County general fund. (b) At the end of each quarter, one-third (1/3) of said sum shall be reimbursed to Pope County by Johnson County and Franklin County equally, being one-sixth (1/6) each. (c) In addition, the telephone bill shall be submitted to the county for payment, this payment to be in addition to the operating expenses set forth in subsection (a) of this section. Acts 1983, No. 485, § 4; A.S.A. 1947, § 24-114.13a; Acts 1993, No. 878, § 3.

(a) The Prosecuting Attorney of the Fifth Judicial District shall be entitled to an operating expense of not less than seventeen thousand five hundred dollars ($17,500) to cover the cost of printing, supplies, equipment, janitorial services, cleaning supplies, food, service contracts, accounting, postage, photocopies, travel, training, utilities, rent, juror and witness fees, and such other expenses which within the discretion of the prosecuting attorney may be proper expenses of the office in connection with the investigation and prosecution of criminal activity within the district. Said expenses shall be paid in equal monthly installments from the Pope County general fund.

(b) At the end of each quarter, one-third (1/3) of said sum shall be reimbursed to Pope County by Johnson County and Franklin County equally, being one-sixth (1/6) each.

(c) In addition, the telephone bill shall be submitted to the county for payment, this payment to be in addition to the operating expenses set forth in subsection (a) of this section.

Acts 1983, No. 485, § 4; A.S.A. 1947, § 24-114.13a; Acts 1993, No. 878, § 3.
Ark. Code Ann. § 16-64-118 — AR Code / Title 16 / Chapter 64 / Section 16-64-118
Discharge of jury
Status: in_force

(a) The jury may be discharged by the court on account of the sickness of a juror, or other accident or calamity requiring their discharge, or by consent of both parties, or after they have been kept together until it satisfactorily appears that there is no probability of their agreeing. (b) In all cases where the jury is discharged during the trial, or after the cause is submitted to them, it may be tried again immediately or at a future date, as the court may direct. Civil Code, §§ 354, 355; C. & M. Dig., §§ 1297, 1298; Pope's Dig., §§ 1522, 1523; A.S.A. 1947, §§ 27-1735, 27-1736.

(a) The jury may be discharged by the court on account of the sickness of a juror, or other accident or calamity requiring their discharge, or by consent of both parties, or after they have been kept together until it satisfactorily appears that there is no probability of their agreeing.

(b) In all cases where the jury is discharged during the trial, or after the cause is submitted to them, it may be tried again immediately or at a future date, as the court may direct.

Civil Code, §§ 354, 355; C. & M. Dig., §§ 1297, 1298; Pope's Dig., §§ 1522, 1523; A.S.A. 1947, §§ 27-1735, 27-1736.
Ark. Code Ann. § 16-11-301 — AR Code / Title 16 / Chapter 11 / Subchapter 3 / Section 16-11-301
Rules of pleading, practice, and procedure - Supersession
Status: in_force

All statutes concerning pleading, practice, and procedure in all courts shall be deemed superseded by rules adopted by the Supreme Court pursuant to Arkansas Constitution, Amendment 80, § 3, or pursuant to the Supreme Court's constitutional, inherent, or statutory authority prior to the effective date of Arkansas Constitution, Amendment 80. Acts 1971, No. 470, §§ 1-3; 1979, No. 333, § 1; 1981, No. 312, § 2; A.S.A. 1947, §§ 22-242 -- 22-244; Acts 2003, No. 1185, § 68.

All statutes concerning pleading, practice, and procedure in all courts shall be deemed superseded by rules adopted by the Supreme Court pursuant to Arkansas Constitution, Amendment 80, § 3, or pursuant to the Supreme Court's constitutional, inherent, or statutory authority prior to the effective date of Arkansas Constitution, Amendment 80.

Acts 1971, No. 470, §§ 1-3; 1979, No. 333, § 1; 1981, No. 312, § 2; A.S.A. 1947, §§ 22-242 -- 22-244; Acts 2003, No. 1185, § 68.
Ark. Code Ann. § 16-112-105 — AR Code / Title 16 / Chapter 112 / Subchapter 1 / Section 16-112-105
Form of writ
Status: in_force

(a) Writs of habeas corpus may be granted without the seal of the officer but shall be signed by him or her. (b) (1) The writ shall be directed to the person in whose custody the prisoner is detained, and made returnable as soon as may be, before the Supreme Court Justices, or before the circuit judges of the county in which it may be served, if either are within the county. (2) The writ shall specify the time and place to which it shall be returned. (c) (1) In a writ of habeas corpus, the person having the custody of the prisoner may be designated either by his or her name of office, if he or she has any, or his or her own name. If both names are uncertain or unknown, he or she may be described by any assumed appellation. (2) The person directed to be produced may be designated by his or her name. If his or her name is uncertain or unknown, he or she may be described in any other way so as to designate or identify the person intended. (d) Writs of habeas corpus shall not be disobeyed for any defect of form. Anyone who shall be served therewith shall be deemed to be the person to whom it is directed, though it may be directed to him or her by a wrong name, or description, or to another person. Rev. Stat., ch. 73, art. 1, §§ 10, 11; Crim. Code, § 388; Acts 1871, No. 49, § 1 [388], p. 255; C. & M. Dig., §§ 5085, 5091, 5092, 5095; Pope's Dig., §§ 6348, 6354, 6355, 6358; A.S.A. 1947, §§ 34-1709 -- 34-1712.

(a) Writs of habeas corpus may be granted without the seal of the officer but shall be signed by him or her.

(b) (1) The writ shall be directed to the person in whose custody the prisoner is detained, and made returnable as soon as may be, before the Supreme Court Justices, or before the circuit judges of the county in which it may be served, if either are within the county. (2) The writ shall specify the time and place to which it shall be returned.

(1) The writ shall be directed to the person in whose custody the prisoner is detained, and made returnable as soon as may be, before the Supreme Court Justices, or before the circuit judges of the county in which it may be served, if either are within the county.

(2) The writ shall specify the time and place to which it shall be returned.

(c) (1) In a writ of habeas corpus, the person having the custody of the prisoner may be designated either by his or her name of office, if he or she has any, or his or her own name. If both names are uncertain or unknown, he or she may be described by any assumed appellation. (2) The person directed to be produced may be designated by his or her name. If his or her name is uncertain or unknown, he or she may be described in any other way so as to designate or identify the person intended.

(1) In a writ of habeas corpus, the person having the custody of the prisoner may be designated either by his or her name of office, if he or she has any, or his or her own name. If both names are uncertain or unknown, he or she may be described by any assumed appellation.

(2) The person directed to be produced may be designated by his or her name. If his or her name is uncertain or unknown, he or she may be described in any other way so as to designate or identify the person intended.

(d) Writs of habeas corpus shall not be disobeyed for any defect of form. Anyone who shall be served therewith shall be deemed to be the person to whom it is directed, though it may be directed to him or her by a wrong name, or description, or to another person.

Rev. Stat., ch. 73, art. 1, §§ 10, 11; Crim. Code, § 388; Acts 1871, No. 49, § 1 [388], p. 255; C. & M. Dig., §§ 5085, 5091, 5092, 5095; Pope's Dig., §§ 6348, 6354, 6355, 6358; A.S.A. 1947, §§ 34-1709 -- 34-1712.
Ark. Code Ann. § 16-90-1502 — AR Code / Title 16 / Chapter 90 / Subchapter 15 / Section 16-90-1502
Compilation of pending misdemeanor offenses
Status: in_force

(a) A person who is incarcerated in the Department of Corrections may request of the department and shall be provided by the department a complete compilation of all outstanding arrest warrants, criminal summons, and pending misdemeanor cases for that person. (b) The department shall provide information under subsection (a) of this section from information made available to the Arkansas Crime Information Center and the Administrative Office of the Courts. Added by Act 2021, No. 1048,§ 1, eff. 7/28/2021.

(a) A person who is incarcerated in the Department of Corrections may request of the department and shall be provided by the department a complete compilation of all outstanding arrest warrants, criminal summons, and pending misdemeanor cases for that person.

(b) The department shall provide information under subsection (a) of this section from information made available to the Arkansas Crime Information Center and the Administrative Office of the Courts.

Added by Act 2021, No. 1048,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 16-66-416 — AR Code / Title 16 / Chapter 66 / Subchapter 4 / Section 16-66-416
Return of execution
Status: in_force

(a) All executions shall be returnable within ninety (90) days from their date. (b) (1) If an execution is satisfied, the officer may return thereon in substance, "satisfied", unless it is by the sale of the property, then that fact must be stated. (2) If satisfied in part, he or she must state what part and why the residue is not made. (3) If levied and no sale has been had, for the want of bidders, or no property has been found, he or she must state that fact. Amended by Act 2013, No. 319,§ 2, eff. 8/16/2013. Civil Code, § 673; C. & M. Dig., §§ 4353-4356; Pope's Dig., §§ 5365-5368; A.S.A. 1947, §§ 30-431 -- 30-434.

(a) All executions shall be returnable within ninety (90) days from their date.

(b) (1) If an execution is satisfied, the officer may return thereon in substance, "satisfied", unless it is by the sale of the property, then that fact must be stated. (2) If satisfied in part, he or she must state what part and why the residue is not made. (3) If levied and no sale has been had, for the want of bidders, or no property has been found, he or she must state that fact.

(1) If an execution is satisfied, the officer may return thereon in substance, "satisfied", unless it is by the sale of the property, then that fact must be stated.

(2) If satisfied in part, he or she must state what part and why the residue is not made.

(3) If levied and no sale has been had, for the want of bidders, or no property has been found, he or she must state that fact.

Amended by Act 2013, No. 319,§ 2, eff. 8/16/2013.

Civil Code, § 673; C. & M. Dig., §§ 4353-4356; Pope's Dig., §§ 5365-5368; A.S.A. 1947, §§ 30-431 -- 30-434.
Ark. Code Ann. § 16-85-406 — AR Code / Title 16 / Chapter 85 / Subchapter 4 / Section 16-85-406
Construction of words
Status: in_force

The words used in an indictment must be construed according to their usual acceptance in common language, except words and phrases defined by law, which are to be construed according to their legal meaning. Crim. Code, § 138; C. & M. Dig., § 3027; Pope's Dig., § 3849; A.S.A. 1947, § 43-1023.

The words used in an indictment must be construed according to their usual acceptance in common language, except words and phrases defined by law, which are to be construed according to their legal meaning.

Crim. Code, § 138; C. & M. Dig., § 3027; Pope's Dig., § 3849; A.S.A. 1947, § 43-1023.
Ark. Code Ann. § 16-22-404 — AR Code / Title 16 / Chapter 22 / Subchapter 4 / Section 16-22-404
Service of citation
Status: in_force

(a) The clerk of the court in which the charges may be exhibited shall issue a citation, notifying the accused to appear at the time and place fixed for the hearing and answer the charges exhibited against him. A copy of the charges shall be attached to the citation. (b) (1) The citation may be served in any county in this state. (2) The citation shall be served in the same manner as a summons in suits at law, and the service shall be at least ten (10) days before the return day thereof. Rev. Stat., ch. 15, §§ 15, 16; C. & M. Dig., §§ 613, 614; Pope's Dig., §§ 653, 654; A.S.A. 1947, §§ 25-404, 25-405.

(a) The clerk of the court in which the charges may be exhibited shall issue a citation, notifying the accused to appear at the time and place fixed for the hearing and answer the charges exhibited against him. A copy of the charges shall be attached to the citation.

(b) (1) The citation may be served in any county in this state. (2) The citation shall be served in the same manner as a summons in suits at law, and the service shall be at least ten (10) days before the return day thereof.

(1) The citation may be served in any county in this state.

(2) The citation shall be served in the same manner as a summons in suits at law, and the service shall be at least ten (10) days before the return day thereof.

Rev. Stat., ch. 15, §§ 15, 16; C. & M. Dig., §§ 613, 614; Pope's Dig., §§ 653, 654; A.S.A. 1947, §§ 25-404, 25-405.
Ark. Code Ann. § 16-94-220 — AR Code / Title 16 / Chapter 94 / Subchapter 2 / Section 16-94-220
Pertinence of guilt or innocence of accused
Status: in_force

The guilt or innocence of the accused as to the crime of which he or she is charged may not be inquired into by the Governor or in any proceeding after the demand for extradition accompanied by a charge of crime in legal form as above provided shall have been presented to the Governor, except as it may be involved in identifying the person held as the person charged with the crime. Acts 1935, No. 126, § 20; Pope's Dig., § 6100; A.S.A. 1947, § 43-3020.

The guilt or innocence of the accused as to the crime of which he or she is charged may not be inquired into by the Governor or in any proceeding after the demand for extradition accompanied by a charge of crime in legal form as above provided shall have been presented to the Governor, except as it may be involved in identifying the person held as the person charged with the crime.

Acts 1935, No. 126, § 20; Pope's Dig., § 6100; A.S.A. 1947, § 43-3020.
Ark. Code Ann. § 16-112-119 — AR Code / Title 16 / Chapter 112 / Subchapter 1 / Section 16-112-119
Return of proceedings
Status: in_force

The proceedings upon a writ of habeas corpus shall be returned to the clerk of the circuit court of the county in which the writ was heard or the court in which the prosecution, if any, is pending. Crim. Code, § 388; Acts 1871, No. 49, § 1 [388], p. 255; C. & M. Dig., § 5119; Pope's Dig., § 6382; A.S.A. 1947, § 34-1738.

The proceedings upon a writ of habeas corpus shall be returned to the clerk of the circuit court of the county in which the writ was heard or the court in which the prosecution, if any, is pending.

Crim. Code, § 388; Acts 1871, No. 49, § 1 [388], p. 255; C. & M. Dig., § 5119; Pope's Dig., § 6382; A.S.A. 1947, § 34-1738.
Ark. Code Ann. § 16-68-205 — AR Code / Title 16 / Chapter 68 / Subchapter 2 / Section 16-68-205
New bond to replace defective bond
Status: in_force

When any bond provided for by this code is adjudged to be defective, a new and sufficient one may be executed in such reasonable time as the court may fix, with the same effect as if originally executed. Civil Code, § 785; C. & M. Dig., § 797; Pope's Dig., § 953; A.S.A. 1947, § 27-2202.

When any bond provided for by this code is adjudged to be defective, a new and sufficient one may be executed in such reasonable time as the court may fix, with the same effect as if originally executed.

Civil Code, § 785; C. & M. Dig., § 797; Pope's Dig., § 953; A.S.A. 1947, § 27-2202.
Ark. Code Ann. § 16-19-802 — AR Code / Title 16 / Chapter 19 / Subchapter 8 / Section 16-19-802
[Repealed]
Status: repealed

Repealed by Act 2021, No. 475,§ 15, eff. 7/28/2021. Acts 1873, No. 135, § 55, p. 430; C. & M. Dig., § 6462; Pope's Dig., § 8424; A.S.A. 1947, § 26-911.

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

Acts 1873, No. 135, § 55, p. 430; C. & M. Dig., § 6462; Pope's Dig., § 8424; A.S.A. 1947, § 26-911.
Ark. Code Ann. § 16-88-214 — AR Code / Title 16 / Chapter 88 / Subchapter 2 / Section 16-88-214
Failure of clerk to perform duty
Status: in_force

If any clerk of the circuit court shall neglect or refuse to perform any duty in relation to the removal of a cause enjoined on him or her by the provisions of §§ 16-88-201 - 16-88-210 , 16-88-212 , and 16-88-214 , he or she shall forfeit and pay any sum not exceeding five hundred dollars ($500), to be recovered by civil action in the name of the state. Crim. Code, § 430, as added by Acts 1873, No. 98, § 1, p. 234; C. & M. Dig., § 3106; Pope's Dig., § 3936; A.S.A. 1947, § 43-1516.

If any clerk of the circuit court shall neglect or refuse to perform any duty in relation to the removal of a cause enjoined on him or her by the provisions of §§ 16-88-201 - 16-88-210 , 16-88-212 , and 16-88-214 , he or she shall forfeit and pay any sum not exceeding five hundred dollars ($500), to be recovered by civil action in the name of the state.

Crim. Code, § 430, as added by Acts 1873, No. 98, § 1, p. 234; C. & M. Dig., § 3106; Pope's Dig., § 3936; A.S.A. 1947, § 43-1516.
Ark. Code Ann. § 16-21-2202 — AR Code / Title 16 / Chapter 21 / Subchapter 22 / Section 16-21-2202
Contingent expense allowance
Status: in_force

(a) In lieu of any other contingent expense allowance now provided by law for the Prosecuting Attorney of the Seventeenth Judicial District, the prosecuting attorney shall receive a contingent expense allowance of three thousand six hundred dollars ($3,600) per annum to be borne by the respective counties of the Seventeenth District as follows: (1) White County ............... $1,400; (2) Lonoke County ............... $1,200; and (3) Prairie County ............... $1,000. (b) (1) The counties shall pay the above authorized annual amounts in equal quarterly installments from the county general funds of the respective counties. (2) The payment of each county's pro rata part of the contingent expense allowance shall be upon approval of the county judge of each of the respective counties. Acts 1971, No. 262, § 2; 1979, No. 443, § 1; A.S.A. 1947, § 24-114.6.

(a) In lieu of any other contingent expense allowance now provided by law for the Prosecuting Attorney of the Seventeenth Judicial District, the prosecuting attorney shall receive a contingent expense allowance of three thousand six hundred dollars ($3,600) per annum to be borne by the respective counties of the Seventeenth District as follows: (1) White County ............... $1,400; (2) Lonoke County ............... $1,200; and (3) Prairie County ............... $1,000.

(1) White County ............... $1,400;

(2) Lonoke County ............... $1,200; and

(3) Prairie County ............... $1,000.

(b) (1) The counties shall pay the above authorized annual amounts in equal quarterly installments from the county general funds of the respective counties. (2) The payment of each county's pro rata part of the contingent expense allowance shall be upon approval of the county judge of each of the respective counties.

(1) The counties shall pay the above authorized annual amounts in equal quarterly installments from the county general funds of the respective counties.

(2) The payment of each county's pro rata part of the contingent expense allowance shall be upon approval of the county judge of each of the respective counties.

Acts 1971, No. 262, § 2; 1979, No. 443, § 1; A.S.A. 1947, § 24-114.6.
Ark. Code Ann. § 16-13-1902 — AR Code / Title 16 / Chapter 13 / Subchapter 19 / Section 16-13-1902
Terms of court
Status: in_force

The terms of court in each county in the Eleventh Judicial District shall commence on the dates set forth below: (1) (A) In the Northern District of Arkansas County: On the first Mondays in April and November; and (B) In the Southern District of Arkansas County: On the second Monday in March and the first Monday in August; (2) Jefferson County: On the first Mondays in March and October; and (3) Lincoln County: On the second Mondays in February and September. Acts 1893, No. 56, § 6, p. 84; 1911, No. 290, § 1; 1919, No. 102, § 1 (Special Acts); 1921, No. 3, §§ 1, 2; 1943, No. 85, § 1; 1947, No. 245, § 1; 1947, No. 246, § 1; 1953, No. 318, § 1; 1979, No. 771, § 10; A.S.A. 1947, §§ 22-310, 22-310n.

The terms of court in each county in the Eleventh Judicial District shall commence on the dates set forth below:

(1) (A) In the Northern District of Arkansas County: On the first Mondays in April and November; and (B) In the Southern District of Arkansas County: On the second Monday in March and the first Monday in August;

(A) In the Northern District of Arkansas County: On the first Mondays in April and November; and

(B) In the Southern District of Arkansas County: On the second Monday in March and the first Monday in August;

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

(3) Lincoln County: On the second Mondays in February and September.

Acts 1893, No. 56, § 6, p. 84; 1911, No. 290, § 1; 1919, No. 102, § 1 (Special Acts); 1921, No. 3, §§ 1, 2; 1943, No. 85, § 1; 1947, No. 245, § 1; 1947, No. 246, § 1; 1953, No. 318, § 1; 1979, No. 771, § 10; A.S.A. 1947, §§ 22-310, 22-310n.
Ark. Code Ann. § 16-92-118 — AR Code / Title 16 / Chapter 92 / Section 16-92-118
Fines - Collection and deposit - Definition
Status: in_force

(a) (1) Notwithstanding § 16-13-709 , the quorum court of each county of this state may delegate the responsibility for the electronic collection of fines assessed in a circuit court of this state within that county to the Administrative Office of the Courts or the Information Network of Arkansas. (2) Fines collected in each circuit court by the Administrative Office of the Courts or the Information Network of Arkansas shall be remitted by the fifth working day of the following month to the county official, agency, or department designated under § 16-13-709 as primarily responsible for the collection of fines assessed in that circuit court to be disbursed to the appropriate county fund, state entity, or state agency as provided by law. (b) (1) Notwithstanding § 16-13-709 , the governing body or, if applicable and by mutual agreement, each governing body of a political subdivision that contributes to the expenses of a district court or the governing body of the city in which a city court is located may designate the responsibility for the electronic collection of fines assessed in that district court or that city court to the Administrative Office of the Courts or the Information Network of Arkansas. (2) Fines collected in each district court or each department of district court by the Administrative Office of the Courts or the Information Network of Arkansas shall be remitted by the fifth working day of the following month to the county or city official, agency, or department designated under § 16-13-709 as primarily responsible for the collection of fines assessed in that district court to be disbursed under § 16-17-707 . (c) Fines collected in each city court by the Administrative Office of the Courts or the Information Network of Arkansas shall be disbursed by the fifth working day of the following month to the city official, agency, or department designated under § 16-13-709 as primarily responsible for the collection of fines assessed in that city court to be disbursed to the general fund or other city fund, state agency, or state entity as provided by law. (d) (1) The Administrative Office of the Courts or the Information Network of Arkansas shall be allowed to charge a transaction fee for any electronic payment of a court-ordered fine by an approved credit card or debit card. (2) The fee provided for in subdivision (d)(1) of this section collected by the Administrative Office of the Courts shall be deposited by the fifth day of each month into the Judicial Fine Collection Enhancement Fund established by § 16-13-712 . (e) (1) This section does not prohibit the county or city official, agency, or department designated under § 16-13-709 as primarily responsible for the collection of fines assessed in a circuit court, district court, or city court of this state from the electronic collection of fines. The quorum court of each county may establish a transaction fee to be charged by the county official, agency, or department designated under § 16-13-709 as primarily responsible for the collection of fines assessed in a circuit court within that county for any electronic payment of a court-ordered fine by an approved credit card or debit card. (2) The governing body or, if applicable and by mutual agreement, each governing body of a political subdivision that contributes to the expenses of a district court or the governing body of the city in which a city court is located, may establish a transaction fee to be charged by the city or county official, agency, or department designated under § 16-13-709 as primarily responsible for the collection of fines assessed in that district court or city court for any electronic payment of a court-ordered fine by an approved credit card or debit card. (3) The fee provided for in subdivisions (e)(1) and (2) of this section collected by the designated county or city official, agency, or department shall be deposited by the tenth day of each month into the appropriate circuit court automation fund, district court automation fund, or city court automation fund established under § 16-13-704 to be used solely for the purposes stated in that section. (f) (1) The procedures established by this section apply to the assessment and collection of all monetary fines, however designated, imposed by circuit courts, district courts, or city courts for criminal convictions, traffic convictions, civil violations, and juvenile delinquency adjudications and shall be used to obtain prompt and full payment of all such fines. (2) As used in this section, "fine" or "fines" means all monetary penalties imposed by the courts of this state, which include fines, court costs, restitution, probation fees, and public service work supervisory fees. Acts 2009, No. 328, § 4; 2011, No. 1218, § 13.

(a) (1) Notwithstanding § 16-13-709 , the quorum court of each county of this state may delegate the responsibility for the electronic collection of fines assessed in a circuit court of this state within that county to the Administrative Office of the Courts or the Information Network of Arkansas. (2) Fines collected in each circuit court by the Administrative Office of the Courts or the Information Network of Arkansas shall be remitted by the fifth working day of the following month to the county official, agency, or department designated under § 16-13-709 as primarily responsible for the collection of fines assessed in that circuit court to be disbursed to the appropriate county fund, state entity, or state agency as provided by law.

(1) Notwithstanding § 16-13-709 , the quorum court of each county of this state may delegate the responsibility for the electronic collection of fines assessed in a circuit court of this state within that county to the Administrative Office of the Courts or the Information Network of Arkansas.

(2) Fines collected in each circuit court by the Administrative Office of the Courts or the Information Network of Arkansas shall be remitted by the fifth working day of the following month to the county official, agency, or department designated under § 16-13-709 as primarily responsible for the collection of fines assessed in that circuit court to be disbursed to the appropriate county fund, state entity, or state agency as provided by law.

(b) (1) Notwithstanding § 16-13-709 , the governing body or, if applicable and by mutual agreement, each governing body of a political subdivision that contributes to the expenses of a district court or the governing body of the city in which a city court is located may designate the responsibility for the electronic collection of fines assessed in that district court or that city court to the Administrative Office of the Courts or the Information Network of Arkansas. (2) Fines collected in each district court or each department of district court by the Administrative Office of the Courts or the Information Network of Arkansas shall be remitted by the fifth working day of the following month to the county or city official, agency, or department designated under § 16-13-709 as primarily responsible for the collection of fines assessed in that district court to be disbursed under § 16-17-707 .

(1) Notwithstanding § 16-13-709 , the governing body or, if applicable and by mutual agreement, each governing body of a political subdivision that contributes to the expenses of a district court or the governing body of the city in which a city court is located may designate the responsibility for the electronic collection of fines assessed in that district court or that city court to the Administrative Office of the Courts or the Information Network of Arkansas.

(2) Fines collected in each district court or each department of district court by the Administrative Office of the Courts or the Information Network of Arkansas shall be remitted by the fifth working day of the following month to the county or city official, agency, or department designated under § 16-13-709 as primarily responsible for the collection of fines assessed in that district court to be disbursed under § 16-17-707 .

(c) Fines collected in each city court by the Administrative Office of the Courts or the Information Network of Arkansas shall be disbursed by the fifth working day of the following month to the city official, agency, or department designated under § 16-13-709 as primarily responsible for the collection of fines assessed in that city court to be disbursed to the general fund or other city fund, state agency, or state entity as provided by law.

(d) (1) The Administrative Office of the Courts or the Information Network of Arkansas shall be allowed to charge a transaction fee for any electronic payment of a court-ordered fine by an approved credit card or debit card. (2) The fee provided for in subdivision (d)(1) of this section collected by the Administrative Office of the Courts shall be deposited by the fifth day of each month into the Judicial Fine Collection Enhancement Fund established by § 16-13-712 .

(1) The Administrative Office of the Courts or the Information Network of Arkansas shall be allowed to charge a transaction fee for any electronic payment of a court-ordered fine by an approved credit card or debit card.

(2) The fee provided for in subdivision (d)(1) of this section collected by the Administrative Office of the Courts shall be deposited by the fifth day of each month into the Judicial Fine Collection Enhancement Fund established by § 16-13-712 .

(e) (1) This section does not prohibit the county or city official, agency, or department designated under § 16-13-709 as primarily responsible for the collection of fines assessed in a circuit court, district court, or city court of this state from the electronic collection of fines. The quorum court of each county may establish a transaction fee to be charged by the county official, agency, or department designated under § 16-13-709 as primarily responsible for the collection of fines assessed in a circuit court within that county for any electronic payment of a court-ordered fine by an approved credit card or debit card. (2) The governing body or, if applicable and by mutual agreement, each governing body of a political subdivision that contributes to the expenses of a district court or the governing body of the city in which a city court is located, may establish a transaction fee to be charged by the city or county official, agency, or department designated under § 16-13-709 as primarily responsible for the collection of fines assessed in that district court or city court for any electronic payment of a court-ordered fine by an approved credit card or debit card. (3) The fee provided for in subdivisions (e)(1) and (2) of this section collected by the designated county or city official, agency, or department shall be deposited by the tenth day of each month into the appropriate circuit court automation fund, district court automation fund, or city court automation fund established under § 16-13-704 to be used solely for the purposes stated in that section.

(1) This section does not prohibit the county or city official, agency, or department designated under § 16-13-709 as primarily responsible for the collection of fines assessed in a circuit court, district court, or city court of this state from the electronic collection of fines. The quorum court of each county may establish a transaction fee to be charged by the county official, agency, or department designated under § 16-13-709 as primarily responsible for the collection of fines assessed in a circuit court within that county for any electronic payment of a court-ordered fine by an approved credit card or debit card.

(2) The governing body or, if applicable and by mutual agreement, each governing body of a political subdivision that contributes to the expenses of a district court or the governing body of the city in which a city court is located, may establish a transaction fee to be charged by the city or county official, agency, or department designated under § 16-13-709 as primarily responsible for the collection of fines assessed in that district court or city court for any electronic payment of a court-ordered fine by an approved credit card or debit card.

(3) The fee provided for in subdivisions (e)(1) and (2) of this section collected by the designated county or city official, agency, or department shall be deposited by the tenth day of each month into the appropriate circuit court automation fund, district court automation fund, or city court automation fund established under § 16-13-704 to be used solely for the purposes stated in that section.

(f) (1) The procedures established by this section apply to the assessment and collection of all monetary fines, however designated, imposed by circuit courts, district courts, or city courts for criminal convictions, traffic convictions, civil violations, and juvenile delinquency adjudications and shall be used to obtain prompt and full payment of all such fines. (2) As used in this section, "fine" or "fines" means all monetary penalties imposed by the courts of this state, which include fines, court costs, restitution, probation fees, and public service work supervisory fees.

(1) The procedures established by this section apply to the assessment and collection of all monetary fines, however designated, imposed by circuit courts, district courts, or city courts for criminal convictions, traffic convictions, civil violations, and juvenile delinquency adjudications and shall be used to obtain prompt and full payment of all such fines.

(2) As used in this section, "fine" or "fines" means all monetary penalties imposed by the courts of this state, which include fines, court costs, restitution, probation fees, and public service work supervisory fees.

Acts 2009, No. 328, § 4; 2011, No. 1218, § 13.
Ark. Code Ann. § 16-113-101 — AR Code / Title 16 / Chapter 113 / Subchapter 1 / Section 16-113-101
Injunction defined
Status: in_force

The injunction provided by the Code of Practice in Civil Cases is a command to refrain from a particular act. Civil Code, § 293; C. & M. Dig., § 5816; Pope's Dig., § 7532; A.S.A. 1947, § 32-101.

The injunction provided by the Code of Practice in Civil Cases is a command to refrain from a particular act.

Civil Code, § 293; C. & M. Dig., § 5816; Pope's Dig., § 7532; A.S.A. 1947, § 32-101.
Ark. Code Ann. § 16-81-115 — AR Code / Title 16 / Chapter 81 / Subchapter 1 / Section 16-81-115
Certified law enforcement officers from adjoining states
Status: in_force

(a) A certified law enforcement officer from an adjoining state who is in Arkansas shall have the authorization to act as described in subsection (b) of this section if the officer is: (1) Regularly assigned to duty in a municipality that is within one (1) mile of an Arkansas border; (2) On duty in his or her regularly assigned municipality at the time he or she enters the city limits of the Arkansas municipality; and (3) Within the city limits of the Arkansas municipality that adjoins the municipality to which the officer is regularly assigned. (b) If the governing body of an Arkansas municipality authorizes it, a certified law enforcement officer who meets the requirements of subsection (a) of this section: (1) Has the same powers, duties, and immunities as a certified law enforcement officer of Arkansas who is acting in the discharge of an official duty; and (2) May enforce Arkansas law and the ordinances of an Arkansas municipality. Acts 2005, No. 272, § 1.

(a) A certified law enforcement officer from an adjoining state who is in Arkansas shall have the authorization to act as described in subsection (b) of this section if the officer is: (1) Regularly assigned to duty in a municipality that is within one (1) mile of an Arkansas border; (2) On duty in his or her regularly assigned municipality at the time he or she enters the city limits of the Arkansas municipality; and (3) Within the city limits of the Arkansas municipality that adjoins the municipality to which the officer is regularly assigned.

(1) Regularly assigned to duty in a municipality that is within one (1) mile of an Arkansas border;

(2) On duty in his or her regularly assigned municipality at the time he or she enters the city limits of the Arkansas municipality; and

(3) Within the city limits of the Arkansas municipality that adjoins the municipality to which the officer is regularly assigned.

(b) If the governing body of an Arkansas municipality authorizes it, a certified law enforcement officer who meets the requirements of subsection (a) of this section: (1) Has the same powers, duties, and immunities as a certified law enforcement officer of Arkansas who is acting in the discharge of an official duty; and (2) May enforce Arkansas law and the ordinances of an Arkansas municipality.

(1) Has the same powers, duties, and immunities as a certified law enforcement officer of Arkansas who is acting in the discharge of an official duty; and

(2) May enforce Arkansas law and the ordinances of an Arkansas municipality.

Acts 2005, No. 272, § 1.
Ark. Code Ann. § 16-106-402 — AR Code / Title 16 / Chapter 106 / Subchapter 4 / Section 16-106-402
Communications regarding claims or litigation
Status: in_force

The State of Arkansas does not waive its sovereign immunity when, through its counsel or otherwise, it communicates to a court, counsel, or citizens, or otherwise, with respect to the possibility of settling, on any terms or conditions, any pending or threatened claims or litigation, whether the pending or threatened claims or litigation are governed by Rule 23 of the Arkansas Rules of Civil Procedure, the Federal Rules of Civil Procedure, or otherwise. Acts 2003, No. 298, § 2.

The State of Arkansas does not waive its sovereign immunity when, through its counsel or otherwise, it communicates to a court, counsel, or citizens, or otherwise, with respect to the possibility of settling, on any terms or conditions, any pending or threatened claims or litigation, whether the pending or threatened claims or litigation are governed by Rule 23 of the Arkansas Rules of Civil Procedure, the Federal Rules of Civil Procedure, or otherwise.

Acts 2003, No. 298, § 2.
Ark. Code Ann. § 16-21-139 — AR Code / Title 16 / Chapter 21 / Subchapter 1 / Section 16-21-139
The Seventeenth Judicial District
Status: in_force

The Seventeenth Judicial District shall be a Division A Judicial District. Acts 1993, No. 1306, § 1; 1999, No. 456, § 5.

The Seventeenth Judicial District shall be a Division A Judicial District.

Acts 1993, No. 1306, § 1; 1999, No. 456, § 5.
Ark. Code Ann. § 16-13-221 — AR Code / Title 16 / Chapter 13 / Subchapter 2 / Section 16-13-221
Legal counsel to personnel
Status: in_force

The Attorney General shall serve as the legal counsel to probation officers and support personnel of circuit courts and shall represent them in any action brought as a result of their official duties. Acts 1989, No. 433, § 1.

The Attorney General shall serve as the legal counsel to probation officers and support personnel of circuit courts and shall represent them in any action brought as a result of their official duties.

Acts 1989, No. 433, § 1.
Ark. Code Ann. § 16-19-607 — AR Code / Title 16 / Chapter 19 / Subchapter 6 / Section 16-19-607
[Repealed]
Status: repealed

Repealed by Act 2021, No. 475,§ 15, eff. 7/28/2021. Acts 1873, No. 135, § 27, p. 430; C. & M. Dig., § 6435; Pope's Dig., § 8397; A.S.A. 1947, § 26-612.

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

Acts 1873, No. 135, § 27, p. 430; C. & M. Dig., § 6435; Pope's Dig., § 8397; A.S.A. 1947, § 26-612.