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## S UPREME COURT OF ARKANS AS

IN RE ARKANSAS SU PREME COU RT COMMITTEE ON CRIMINAL PRACTICE—ARKANSAS RU LES OF CRIMINAL PROCEDU RE 7.3 & 13.4, AND ADMINISTRATIVE ORDERS NU MB ERS 2 AND 18 Opinion Delivered July 2, 2015

PER CU RI AM The Arkansas Suprem e Court Com mit t e e on Crim i n al Pract ice p roposed revisions to
t h e rules governing arrest warrant s and search warrant s t o provide f or t h eir f iling in a n ew warrant docket

. To implem ent t his proposal, am e n d m e n t s were recommended t o Ark. R. Crim

. P. 7.3 and 13.4 and Adm inist rat ive Orders Numbers 2 and 18. T he proposal was p u b l i s h ed for com m ent . See In re Committee on Criminal Practice–Ark ansas Rules of Cri m i n a l Procedure 7. 3, 13. 4 , and Administrative O rders No. 2 and 18 , 2014 Ark. 275 (per curiam). On t h e advice of t he com m it t ee, we added a sent ence t o Rules 7.3 and 13.4 from t he version published for com m ent . 1 Today, we adopt t he am endm ent s t o Rules 7.3 and 13.4 and Adm inist rat ive Orders Number 2 and 18(1), as set out below, and republish t he rules. The

am endm e nt s are effective Sept ember 1, 2015.

1 T his sent ence is added t o Rule 7.3(e) and 13.4(f): “Rem ot e elect ronic access t o t he warrant d ocket by t he ge n e r a l p ub l ic, however, shall b e governed by and subject t o t he policies or requirem entof t he court .”Cit e as 2015 Ark. 301

We t hank t he m embers of t he Crim i nal Pract ice C om m i t t e e for t heir work on t his project

. Ark ans as Rules of Cri mi nal Procedure Rule 7.3. Return of warrant and s ummons ; executi on after return. (a) The law enforcem e nt o f f i c er e xecut ing a w arrant shall m ake ret urn t hereof t o t he court before which t he accuse d i s b r ou g h t , and n ot ice t hereof shall be given t o t he p rosecut ing
at t o rney. (b) On or before t he dat e for appearance t he officer t o whom a sum m ons was delivered for service shall make ret urn t hereof t o t he judicial offic er before whom t he sum m ons is
ret urnable. (c) A t any t im e w hile a complaint , inform at ion or indict m ent is pending, t he i ssuing official

m ay deliver a w arrant ret urned unexecut ed a n d n o t cancelled, or a sum m o ns ret urned unserved, or a duplicat e of e it her t o a law enforcem ent o fficer or o t her aut horized person for
execution or service. (d) U pon ret urn of a warrant , whet her execut ed o r unexecut ed, t he warrant along wit h t he affidavit or sworn t est im o ny on applicat i on shall b e f iled wit h the clerk of t h e issuing judicial officer, and t h ey shall b e publically accessible unless t h e court for good cause based upon reasonably specific fact s orders t h atany of t hem should be closed or sealed. (e) A rrest warrant s, affidavit s, or sworn t es t i m o ny on applicat ion are filed in t he warrant docket as described in Adm inist rat ive Order Number 2 or 1 8. Adm inist rat ive Order Number 19 governs public access t o docum ent s in t he warrant docket subject t o t he provisions of t his

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rule ( see sect ion (VII)(A) (3); see sect ion (VIII) for obt aining access t o docum ent s e x c l ud e d from publ i c a ccess). Rem ot e elect ronic access t o t he warrant docket by t he general public, however, shall be governed by and subject t o t he policies or requirem e n tof t he court

. Reporter’s Note, 2015 Amendment. Thi s r u l e w a s am ended b y adding subsect i o ns (d) and (e) t o provide for t he filing of
arrestwarrant s upon t heir ret urn, whet her execut ed or unexecut ed, in a warrantdocket

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Rule 13.4. Return of A Search Warrant. (a) If a search warrant is n o t execut e d, t he officer shall r et urn the warrant t o t he issuing judicial officer wit hin a r easonab l e t i m e , not t o exceed 60 d ays from t he dat e of issuance,
t o get her wit h a report of t he reasons why i t was not execut ed. If t h e issuing judicial officer is unavailable, t he warrant m ay be ret urned t o any judicial officer of a circuit or dist rict court wit hin t he count

y in w hich t he w arrant was issued. U pon it s ret urn, an unexecut ed warrant and r eport shall be filed wit h t he clerk and be publically accessible unless the c ourt for good

cause based upon r easonably specific fact s orders t hem t o be closed or sealed. The affidavit o r sworn t est im ony on applicat ion shall notbe publically accessible. (b) A n officer who has execut ed a search w arran t o r , if such officer is unavailable, anot h er officer act ing in h i s behalf, shall, as soon as possible and not lat er t h an t he d at e specified in t he
warrant , ret urn t he w arrant t o t he issuing judicial officer toget her wit h a verified report of t he fact s and circum st ances of execution, i ncluding an invent o ry of t h ings s ei z ed. If t h e issuing judicial officer is u navailable, t h e warrant m ay be r et urned t o any j udicial o fficer o f a circuit

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or dist rictcourtwit hin t h e count y in which t he warrantwas issued. (c) The judicial officer t o w h om an execut ed warrant is ret urned shall cause t h e warrant , report , invent ory of t hings seized, and affidavit or sworn t e st i m ony on applicat ion t o be filed wit h t he c lerk, and t hey shall b e publically accessible u nless t he c ourt f o r g o o d cause based upon reasonably specific fact s orders t hatany of t hemshould be closed or sealed. (d) If t he judicial o fficer t o whom an execut e d warrant is ret urned does not have jurisdict i on t o t ry t he offense in respect t o w hich t he warrant w as issued o r t he offense apparently disclosed by t h e things seized, he or she m ay t r a ns m i t copies of t he affidavit or sworn t e st im ony on applicat i on, warrant , invent ory, ret urn, report , and relat e d papers t o an
a p propriat e court having jurisdict ion t o t ry t he offense disclosed, but t he issuing jud i c i a l officer’s clerk shall keep a copy in the clerk’s file. (e) Affidavit s or sworn test im ony o n applicat ion, warrant s, invent ories, r et urns, report s, and relat ed papers shall b e filed wit h t he clerk of the issuing j udicial officer in t he warrant docket as described in Administ r at ive Order Numb er 2 or 18. (f) Adm i n ist rat ive Order Number 19 governs public access t o affidavit s or sworn test im o ny
on applicat ion, warrant s, i nvent ories, ret urns, report s, and relat e d p apers subject t o t he provisions of t his rule ( see sect ion (VII)(A)(3 ) ; s e e sect i on (VIII) for obt aining access to docum e n ts excluded from p ublic access). Rem ot e e lect ronic access t o t h e warrant docket by
t h e general public, however, shall be governed b y and subject t o t h e policies or requirem ent of t h e court .

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Reporter’s Note, 2015 Amendment. This rule was am e nded t o provide for t he filing of search warrant s upon their ret urn, whet her execut ed or unexecut ed, in a warrantdocket

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A dmi ni s t rati v e Orders Admi ni s trati ve Order Number 2 – Dock ets and Other Records (a) Dock et
. The clerk shall keep a b o o k k n ow n as a “civil docket ,” designat ed by t he prefix “CV”; a book known as a “probat e docket ,” designat ed b y the prefix “PR”; a book known

as a “dom e st ic relat ions d o cket ,” designat ed by t he prefix “DR”; a book known as a “crim inal docket ,” designat e d by t h e p r e f i x “CR”; a book known as a “juvenile docket ,” d esignat ed by t he p refix “JV”; and a book known as a “warrant docket .” The warrant docket shall be divided i n t o a “search warrant docket ,” designat ed b y t he prefix “SW” and an “arrest warrant docket ,” designat ed by t he prefix “AW.” Each act ion shall be e nt ered in t he appropriat e docket book. Cases shall b e a s signed t he let t e r prefix corresponding t o t hat docket and a
number i n t he order of f i l i n g . B e ginning wit h t he first case filed each year, cases shall be

numbered consecutively in each docket c a t e g o r y w i t h the four digit s of t he current year, followed by a hyphen and t he number assigned t o t he c ase, beginning wit h t he n umber “1.” For example: crim i nal CR2002-1 civil CV2002-1 probat e PR2002-1 5Cit e as 2015 Ark. 301

dom e st i c relat i ons DR2002-1 juvenile JV2002-1
warrant SW2002-1

AW2002-1 All papers filed wit h the clerk, all process issued and ret urns t hereon, all appearances, orders, verdict s and judgm ent s shall be not ed c hronologically i n the docket s and filed in t he folio assigned t o t he act ion and shall be marked wit h it s file n u mber. These ent ries shall be brief, but shall show t he na t ur e o f e a c h p a p er filed or writ issued and t he subst ance of each order or judgm e nt of t h e court and of t he ret urns showing execution of process. The ent ry of an order or j udgm ent shall show t he dat e t he e n t ry is m ade. Where there has been a dem and f o r t ri a l b y j ury it shall be shown on t he docket along wit h t he d at e u pon which dem and w as m ade. In counties where t he count y clerk serves as t he ex off i c i o clerk of any division of t he circuit court , the filing requirem ent for any pleading, paper, order, judgm e n t , decree, or not ice of appeal shall be sat i sfied when t h e docum ent is filed wit h eit her t he circuit clerk or t he count

y clerk. The w arrant docket is used for warrant s t hat have b een ret urned e it her execut ed o r
u n execut ed when a case file has not yet been opened. If a crim i n al case is subs e q u e n t ly opened, the inform at ion i n t he warrant docket r elat ed t o t h e crim i nal case is t ransferred t o i t . Access t o t he cont ent s of t he warrant docket shall b e governed b y t h e a p p l i cable rule of crim inal procedure and Administ r at ive Order Numb er 19.

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(b) Judg ments and O rders

. (1) The clerk shall keep a judgm ent record book in which shall be kept a correct copy of every final judgm ent or appealable order, or order a f f e c t i n g t itle to or lien upon real o r personal property, and any ot her order which the courtm ay directt o be kept

. (2) The clerk shall denot e t he dat e and t im e t hat a judgm ent , decree or order is filed by st amping or o t herwise m arking it wit h t h e dat e and t im e and t he word “filed.” A judgm ent , decree or order is ent ered when so st amp ed or m arked by t he clerk, irrespective of when it

is recorded in t he judgm entrecord book. (3) If t he clerk’s office has a facsim il e m achine, t h e clerk shall ac c e p t f acsim ile
t r ansm ission of a judgm ent , decree or order f iled in such m anner at t he direct i on o f t he court . The clerk shall st amp or o t herwise m ark a f acsim ile copy as filed o n t he dat e and t im e t hat it is received on t h e clerk's facsim ile m achine during t he regular hours of t he clerk’s office or, if r eceived out side t hose h ours, at t he t im e t he office opens on t he next business day. The dat e st amped on t he facsim ile copy shall cont rol all appeal-relat ed deadlines pursuant to Rule 4 of
t h e A rkansas Rules of Appellat e Procedure–Civil. The original ju d g m ent , decree or order shall be subst it ut ed for t h e facsimile copy wit hin fourt een days of t r ansm ission. (4) At any t im e t hat t he clerk’s office i s not open for b usiness, and upon an express finding of ext raordinary circum st ances setfort h in an order, any judge m ay make any order effective im m ediat e ly by signing it , not ing t h e t im e and dat e t hereon, and m arking o r st amping it “filed in open court .” A ny such order shall be filed wit h t he clerk on t h e next day

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on which t he clerk's office is open, and t his f iling dat e shall cont rol all appeal-relat ed deadlines pursuant t o Rule 4 of t h e Arkansas Rules of Appellat e Procedure–Civil. (c) Indices

. Suit able i ndices of t he civil, p robat e, dom est i c r elat i o ns, c rim inal, juvenile and warrant docket s and of every judgm ent or order referred t o in Sect ion (b) of t his rule shall be keptby t he clerk under the direction of t h e court . (d) O th er B ooks and Records

. The clerk shall also keep such ot her books and records as
m ay be required by law and as direct ed by t he Suprem e Court

. (e) Uniform Paper S ize

. All records prepared by t he c lerk shall be on 8 1⁄2 " x 11 " paper. (f) Clerk Defined

. W hen used herein, t he term clerk refers t o t he clerks of t he various circuit court s of t he st at e; p rovided, t hat in t h e event probat e m at t ers are required by law to be filed in t he office of count y clerk, t hen t he t ermclerk shall also include t h e count y clerk for t his lim it ed purpose. Reporter’s Note, 2015 Amendment. This order was am ended t o creat e a warrant docketfor t he filing of arrestwarrant s ( see Ark. R. Crim

. P. 7.3) and search warrant s ( see Ark. R. Crim

. P. 13.4) upon t heir
ret urn, whet her execut ed or unexecut ed. ADMI NI STRATI VE ORDER NUMBER 18 – ADMI NI STRATI ON OF DI STRI CT COURTS This adm inist rat ive o r der is prom ulgat ed pursuant t o Ark. Const

. Am end. 80, § 7; A rk. Code A nn. § 16-17-704; and t h e S u prem e Court ’s inherent rule-m aking aut hority. Procedural rules applicable t o dist rictcourt s are setoutin t h e Dist rict CourtRules. 8Cit e as 2015 Ark. 301

1. Divisions

. (a) The dist rict c o u rt judges shall est ablish t he following subject -m at t er divisions in each dist rict cour t : crim inal, civil, t raffic, and sm all c laim s. For purposes of t his administ rat ive

o r d e r , t h e t erm “t raffic division” m eans cases relat ing t o a violat ion o f a law regulat ing t h e operat ion of a vehicle upon a roadway. (b) The de s ignat ion of divisions is for t he purpose of judicial adm i nist rat ion and caseload

m anagem entand is notfor t h e purpose of subject -m at t er jurisdict ion. The creati o n of divisions shall in no way lim it t he powers and dut ies o f t h e judges t o hear all m at t ers wit h in
t h e jurisdict ion of t he dist rictcourt . (c) W arrant Dock et
. Wit h i n t he crim inal division, a warrant docket shall be est ablished, which shall be divided i nt o a “search warrant docket ,” designat ed b y t he p refix “SW” and an “arrest
warrant docket ,” designat ed by t he prefix “AW.” The warrant d ocket is used f or warrant s that have been ret urned eit her execut ed or unexecut ed when a case f ile has n ot yet been opened. If a c rim inal case is subsequently opened, t he inform at ion in t he warrant docket relat ed t o t he crim inal case is t ransferred t o i t . Acces s t o t h e c o n t e nt s of t he warrant docket shall be governed by t he applicable rule of crim inal procedure and A dm inist rat ive Order Number 19.

. . . . Reporter’s Note, 2015 Amendment. This order w as am ended by adding subsect i on (1)(c) t o creat e a warrant docket for t he filing of arrest w arrant s ( see Ark. R. Crim

. P. 7.3) and search warrant s ( see Ark. R. Crim

. P. 13.4) upon t heir ret urn, whet her execut ed or unexecut ed.

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