S.W.2d 81 (1936). On the other hand, if statements in the ballot title have "a tendency to mislead the voter so as to thwart a fair understanding of the issues presented," the ballot title will likewise be insufficient. Bailey, 318 Ark. at 285.
Applying the above precepts, it is my conclusion that a more suitable, complete, and correct popular name and ballot title should be substituted for those proposed. The following is therefore hereby certified:
(Popular Name) AN AMENDMENT LIMITING JUDICIAL IMMUNITY (Ballot Title) AN AMENDMENT TO THE ARKANSAS CONSTITUTION PROVIDING THAT NOTWITHSTANDING COMMON LAW, NO IMMUNITIES SHALL BE EXTENDED TO ANY MEMBER OF THE JUDICIARY OF THE STATE EXCEPT AS SET FORTH IN THE AMENDMENT; DEFINING MEMBERS OF THE JUDICIARY TO INCLUDE JUSTICES, JUDGES, COMMISSIONERS, JUDGES PRO TEM, PRIVATE JUDGES AND ARBITRATORS (HEREINAFTER `JUDGES'); PROVIDING THAT NO IMMUNITY SHIELDING JUDGES SHALL BE CONSTRUED TO EXTEND TO ANY CLEAR VIOLATION OF THE U.S. CONSTITUTION, DELIBERATE VIOLATION OF DUE PROCESS, DELIBERATE DISREGARD OF MATERIAL FACTS, JUDICIAL ACTS WITHOUT JURISDICTION, AND BLOCKING (INCLUDING UNREASONABLE DELAY) OF LAWFUL CONCLUSION OF A CASE; CREATING TWO (2) FIFTEEN-MEMBER SPECIAL GRAND JURIES WITH STATEWIDE JURISDICTION TO DETERMINE WHETHER A JUDGE MAY INVOKE JUDICIAL IMMUNITY AS A DEFENSE TO ANY CIVIL OR CRIMINAL ACTION THAT MAY THEREAFTER BE PURSUED AND WHETHER PROBABLE CAUSE EXISTS FOR THE ISSUANCE OF A CRIMINAL INDICTMENT; REQUIRING THE PERMANENT REMOVAL FROM OFFICE OF JUDGES WHO RECEIVE TWO ADVERSE IMMUNITY DECISIONS; PROVIDING, IN THE EVENT OF AN INDICTMENT, FOR THE SPECIAL GRAND JURY'S SELECTION OF TWELVE SPECIAL TRIAL JURORS, A NON-GOVERNMENT SPECIAL PROSECUTOR, AND A JUDGE FOR PROSECUTION OF THE CASE; REQUIRING THAT COMPLAINANTS TO THE SPECIAL GRAND JURIES MUST FIRST ATTEMPT, WITHIN THE PRECEDING SIX MONTHS, TO EXHAUST ALL JUDICIAL REMEDIES AVAILABLE IN THE STATE; AUTHORIZING THE GRAND JURIES TO CHOOSE SPECIAL NON-GOVERNMENT ADVISORS; PROVIDING THAT SPECIAL GRAND JURORS SHALL SERVE WITHOUT COMPULSION FOR ONE YEAR, SHALL BE DRAWN BY PUBLIC LOT BY THE SECRETARY OF STATE (EXCLUDING ELECTED AND APPOINTED OFFICIALS, PROSECUTORS, MEMBERS OF THE STATE BAR, JUDGES, JUDICIAL AND LAW ENFORCEMENT PERSONNEL, STATE AND FEDERAL EMPLOYEES, AND MEMBERS OF THEIR IMMEDIATE FAMILIES), AND SHALL RECEIVE A PRORATED SALARY COMMENSURATE WITH THAT OF A MUNICIPAL COURT JUDGE; ESTABLISHING AN ANNUAL OPERATIONAL BUDGET FOR THE SPECIAL GRAND JURIES COMMENSURATE WITH THE JUDICIAL DISCIPLINE AND DISABILITY COMMISSION OR IN A SUM EQUAL TO THE FIFTEEN JURORS' COMBINED SALARIES, WHICHEVER IS GREATER; ESTABLISHING SPECIAL GRAND JURY PROCEDURES AND RULES; GIVING THE SPECIAL GRAND JURIES THE POWER TO SUBPOENA WITNESSES, DOCUMENTS, AND OTHER TANGIBLE EVIDENCE; DECLARING THAT SPECIAL GRAND JURY FILES SHALL ALWAYS REMAIN PUBLIC RECORD; REQUIRING THAT THE AMENDMENT BE GIVEN PREEMINENCE IN CASE OF A CONFLICT WITH OTHER LAW; PROHIBITING ADJUDICATION OF ANY CONSTITUTIONAL CHALLENGE TO THE AMENDMENT BY ANY JUDICIAL OFFICER POTENTIALLY AFFECTED BY THE OUTCOME; AND MAKING THE AMENDMENT SEVERABLE.
Pursuant to A.C.A. § 7-9-108, instructions to canvassers and signers are enclosed herewith.
Sincerely,
WINSTON BRYANT Attorney General