reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 2 - COURTS AND COURT OFFICERS (§§ 16-10-101 — 16-24-101) › Chapter 22 - ATTORNEYS AT LAW (§§ 16-22-101 — 16-22-501) › Subchapter 3 - RIGHTS AND LIABILITIES (§§ 16-22-301 — 16-22-311) › Section 16-22-303 - Compromise or settlement without attorney's consent - Effect

(a)
Any agreement, contract, or arrangement between litigants or any conduct of the one seeking affirmative relief at the instance and procurement of his adversary which deprives the litigant of his asserted right against his adversary shall constitute a compromise or settlement of his cause of action within the meaning of this section.
(b)
(1)
In case a compromise or settlement is made by the parties litigant to the action after service of the notice by certified mail and before the filing of suit, or if made after suit is filed upon the action and such compromise or settlement is made without the consent of such attorney at law, solicitor, or counselor, the court of proper jurisdiction shall, upon motion, enter judgment for a reasonable fee or compensation against all of the parties to the compromise or settlement so made without the consent of the attorney at law, solicitor, or counselor, and the amount of the fee or compensation shall not be necessarily limited to the amount, if any, of the compromise or settlement between the parties litigant.
(2)
If the compromise or settlement is effected by an agent or agents of such party, the judgment shall be entered against the agent or agents as well as against those parties from whom the attorney at law, solicitor, or counselor is entitled to judgment for the fee or compensation, and, if the compromise or settlement is made with the knowledge or advice of the attorney at law, solicitor, or counselor of those parties from whom the attorney at law, solicitor, or counselor is entitled to judgment for the fee or compensation, the court shall also enter judgment against such attorneys at law, solicitors, or counselors as well.
Acts 1989, No. 293, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 2 - COURTS AND COURT OFFICERS (§§ 16-10-101 — 16-24-101) › Chapter 22 - ATTORNEYS AT LAW (§§ 16-22-101 — 16-22-501) › Subchapter 3 - RIGHTS AND LIABILITIES (§§ 16-22-301 — 16-22-311) › Section 16-22-305 - Unnecessary costs satisfied by attorney

If any attorney at law or other person admitted to conduct causes in any court in the State of Arkansas appears to have multiplied the proceedings in any cause before such court, so as to increase costs unreasonably and vexatiously, he shall be required, by order of the court, to satisfy any excess of costs so increased.
Acts 1915, No. 240, § 2; C. & M. Dig., § 607; Pope's Dig., § 647; A.S.A. 1947, § 25-303.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 2 - COURTS AND COURT OFFICERS (§§ 16-10-101 — 16-24-101) › Chapter 22 - ATTORNEYS AT LAW (§§ 16-22-101 — 16-22-501) › Subchapter 3 - RIGHTS AND LIABILITIES (§§ 16-22-301 — 16-22-311) › Section 16-22-306 - Negligence of attorney resulting in dismissal - Liability for costs and damages

If any suit in any court of record in this state is dismissed on account of the negligence of any attorney at law, or for his nonattendance at the court without having a just and reasonable excuse for such absence, it shall be at the costs of the attorney at law. Such attorney at law shall be liable for all damages his client may have sustained by the dismissal or by any other neglect by the attorney at law of his duty, in an action in any court within this state having jurisdiction thereof.
Rev. Stat., ch. 15, § 10; C. & M. Dig., § 608; Pope's Dig., § 648; A.S.A. 1947, § 25-304.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 2 - COURTS AND COURT OFFICERS (§§ 16-10-101 — 16-24-101) › Chapter 22 - ATTORNEYS AT LAW (§§ 16-22-101 — 16-22-501) › Subchapter 3 - RIGHTS AND LIABILITIES (§§ 16-22-301 — 16-22-311) › Section 16-22-307 - Failure to pay over money - Judgment for money and costs - Penalized by court

If any attorney at law receiving money for his client refuses or fails to pay the money over on demand, the attorney at law may be proceeded against in a summary way on motion before the circuit court, either in the county in which he may reside or in the county in which he received the money. The court shall render judgment against him for the amount of money received by the attorney at law for the use of his client, with costs, and he shall be further dealt with as the court may deem just under the provisions of this subchapter.
Rev. Stat., ch. 15, § 11; C. & M. Dig., § 609; Pope's Dig., § 649; A.S.A. 1947, § 25-305.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 2 - COURTS AND COURT OFFICERS (§§ 16-10-101 — 16-24-101) › Chapter 22 - ATTORNEYS AT LAW (§§ 16-22-101 — 16-22-501) › Subchapter 3 - RIGHTS AND LIABILITIES (§§ 16-22-301 — 16-22-311) › Section 16-22-308 - Attorney's fees in certain civil actions

In any civil action to recover on an open account, statement of account, account stated, promissory note, bill, negotiable instrument, or contract relating to the purchase or sale of goods, wares, or merchandise, or for labor or services, or breach of contract, unless otherwise provided by law or the contract which is the subject matter of the action, the prevailing party may be allowed a reasonable attorney's fee to be assessed by the court and collected as costs.
Acts 1987, No. 519, § 1; 1989, No. 800, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 2 - COURTS AND COURT OFFICERS (§§ 16-10-101 — 16-24-101) › Chapter 22 - ATTORNEYS AT LAW (§§ 16-22-101 — 16-22-501) › Subchapter 3 - RIGHTS AND LIABILITIES (§§ 16-22-301 — 16-22-311) › Section 16-22-309 - Attorney's fees in actions lacking justiciable issue

(a)
(1)
In any civil action in which the court having jurisdiction finds that there was a complete absence of a justiciable issue of either law or fact raised by the losing party or his attorney, the court shall award an attorney's fee in an amount not to exceed five thousand dollars ($5,000), or ten percent (10%) of the amount in controversy, whichever is less, to the prevailing party unless a voluntary dismissal is filed or the pleadings are amended as to any nonjusticiable issue within a reasonable time after the attorney or party filing the dismissal or the amended pleadings knew, or reasonably should have known, that he would not prevail.
(2)
This section shall not apply to actions arising out of a written instrument or agreement which entitles the prevailing party to an award of reasonable attorney's fees.
(b)
In order to find an action, claim, setoff, counterclaim, or defense to be lacking a justiciable issue of law or fact, the court must find that the action, claim, setoff, counterclaim, or defense was commenced, used, or continued in bad faith solely for purposes of harassing or maliciously injuring another or delaying adjudication without just cause or that the party or the party's attorney knew, or should have known, that the action, claim, setoff, counterclaim, or defense was without any reasonable basis in law or equity and could not be supported by a good faith argument for an extension, modification, or reversal of existing law.
(c)
In awarding attorney's fees, the court may pronounce its decision on the fees at the conclusion of the trial or special proceedings without written motion and with or without presentation of additional evidence. The judgment for attorney's fees, if any, shall be included in the final judgment entered in the action.
(d)
On appeal, the question as to whether there was a complete absence of a justiciable issue shall be determined de novo on the record of the trial court alone.
Acts 1987, No. 601, §§ 1-5.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 2 - COURTS AND COURT OFFICERS (§§ 16-10-101 — 16-24-101) › Chapter 22 - ATTORNEYS AT LAW (§§ 16-22-101 — 16-22-501) › Subchapter 3 - RIGHTS AND LIABILITIES (§§ 16-22-301 — 16-22-311) › Section 16-22-310 - Liability for civil damages

(a)
No person licensed to practice law in Arkansas and no partnership or corporation of Arkansas-licensed attorneys or any of its employees, partners, members, officers, or shareholders shall be liable to persons not in privity of contract with the person, partnership, or corporation for civil damages resulting from acts, omissions, decisions, or other conduct in connection with professional services performed by the person, partnership, or corporation, except for:
(1)
Acts, omissions, decisions, or conduct that constitutes fraud or intentional misrepresentations; or
(2)
(A)
Other acts, omissions, decisions, or conduct if the person, partnership, or corporation was aware that a primary intent of the client was for the professional services to benefit or influence the particular person bringing the action.
(B)
For the purposes of subdivision (a)(2)(A) of this section, if the person, partnership, or corporation identifies in writing to the client those persons who are intended to rely on the services and sends a copy of the writing or similar statement to those persons identified in the writing or statement, then the person, partnership, or corporation or any of its employees, partners, members, officers, or shareholders may be held liable only to the persons intended to so rely, in addition to those persons in privity of contract with the person, partnership, or corporation.
(b)
This section shall apply only to acts, omissions, decisions, or other conduct in connection with professional services occurring or rendered on or after April 6, 1987.
(c)
The appointment of an attorney as a successor trustee or attorney-in-fact as provided in §
18-50-101
et seq. shall not expand the liability of the attorney, the entity, or partnership employing the attorney, or the firm in which the attorney is a member or partner beyond the liability provided in this section.
Acts 1987, No. 661, §§ 2, 3; 2005, No. 1883, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 2 - COURTS AND COURT OFFICERS (§§ 16-10-101 — 16-24-101) › Chapter 22 - ATTORNEYS AT LAW (§§ 16-22-101 — 16-22-501) › Subchapter 3 - RIGHTS AND LIABILITIES (§§ 16-22-301 — 16-22-311) › Section 16-22-311 - Reports of visits with incarcerated indigent clients

(a)
(1)
An attorney at law representing an indigent client who is incarcerated in any county jail, city jail, juvenile detention facility, or other facility operated by the Division of Youth Services in the State of Arkansas shall make a report of personal visits with the client.
(2)
The report shall be on a sign-in document to be provided by the correctional facility or criminal detention facility in which the client is incarcerated.
(3)
The sign-in document shall be designed in order to allow the attorney to record:
(A)
The date of the visit;
(B)
The time the attorney is signing in for the visit;
(C)
The name of the inmate visited; and
(D)
The time the attorney is signing out after the visit.
(b)
(1)
Each county jail, city jail, juvenile detention facility, or other detention facility operated by the division shall furnish a sign-in document for attorneys required to make a report under this section.
(2)
The facilities shall maintain the reports for a period of one (1) year following the release, discharge, or transfer of an inmate represented by an attorney who is required to make a report under this section.
Acts 2005, No. 1279, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 2 - COURTS AND COURT OFFICERS (§§ 16-10-101 — 16-24-101) › Chapter 22 - ATTORNEYS AT LAW (§§ 16-22-101 — 16-22-501) › Subchapter 4 - SUSPENSION AND DISBARMENT (§§ 16-22-401 — 16-22-413) › Section 16-22-401 - Grounds for removal or suspension

Any attorney who is guilty of any felony or infamous crime, of improperly retaining his client's money, of any malpractice, deceit, or misdemeanor in his professional capacity, is an habitual drunkard, or is guilty of any ungentlemanly conduct in the practice of his profession may be removed or suspended from practice, upon charges exhibited against him, and proceedings thereon had as provided in this subchapter.
Rev. Stat., ch. 15, § 12; C. & M. Dig., § 610; Pope's Dig., § 650; A.S.A. 1947, § 25-401.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 2 - COURTS AND COURT OFFICERS (§§ 16-10-101 — 16-24-101) › Chapter 22 - ATTORNEYS AT LAW (§§ 16-22-101 — 16-22-501) › Subchapter 4 - SUSPENSION AND DISBARMENT (§§ 16-22-401 — 16-22-413) › Section 16-22-402 - Venue

The charges shall be exhibited in the county in which the offense has been committed, or in which the accused may reside.
Rev. Stat., ch. 15, § 13; C. & M. Dig., § 611; Pope's Dig., § 651; A.S.A. 1947, § 25-402.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 2 - COURTS AND COURT OFFICERS (§§ 16-10-101 — 16-24-101) › Chapter 22 - ATTORNEYS AT LAW (§§ 16-22-101 — 16-22-501) › Subchapter 4 - SUSPENSION AND DISBARMENT (§§ 16-22-401 — 16-22-413) › Section 16-22-403 - Time for hearing

The court in which the charges may be exhibited shall fix a time for the hearing of the charges, allowing a reasonable time to notify the accused.
Rev. Stat., ch. 15, § 14; C. & M. Dig., § 612; Pope's Dig., § 652; A.S.A. 1947, § 25-403.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 2 - COURTS AND COURT OFFICERS (§§ 16-10-101 — 16-24-101) › Chapter 22 - ATTORNEYS AT LAW (§§ 16-22-101 — 16-22-501) › Subchapter 4 - SUSPENSION AND DISBARMENT (§§ 16-22-401 — 16-22-413) › Section 16-22-404 - Service of citation

(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.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 2 - COURTS AND COURT OFFICERS (§§ 16-10-101 — 16-24-101) › Chapter 22 - ATTORNEYS AT LAW (§§ 16-22-101 — 16-22-501) › Subchapter 4 - SUSPENSION AND DISBARMENT (§§ 16-22-401 — 16-22-413) › Section 16-22-405 - Failure to appear - Compelling appearance

If the accused fails to appear according to the command of the citation, his appearance may be compelled by attachment, or the court may proceed ex parte.
Rev. Stat., ch. 15, § 17; C. & M. Dig., § 615; Pope's Dig., § 655; A.S.A. 1947, § 25-406.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 2 - COURTS AND COURT OFFICERS (§§ 16-10-101 — 16-24-101) › Chapter 22 - ATTORNEYS AT LAW (§§ 16-22-101 — 16-22-501) › Subchapter 4 - SUSPENSION AND DISBARMENT (§§ 16-22-401 — 16-22-413) › Section 16-22-406 - Other charges - Suspension only

Upon charges other than a conviction for an indictable offense, the court shall have power only to suspend the accused from practice until the facts shall be ascertained in the manner prescribed in this subchapter.
Rev. Stat., ch. 15, § 19; C. & M. Dig., § 617; Pope's Dig., § 657; A.S.A. 1947, § 25-408.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 2 - COURTS AND COURT OFFICERS (§§ 16-10-101 — 16-24-101) › Chapter 22 - ATTORNEYS AT LAW (§§ 16-22-101 — 16-22-501) › Subchapter 4 - SUSPENSION AND DISBARMENT (§§ 16-22-401 — 16-22-413) › Section 16-22-407 - Limitation of proceedings

If the charges are for an indictable offense and no indictment is found or, if found, is not prosecuted to trial within six (6) months, the suspension shall be discontinued unless the delay is produced by the absence or the procurement of the accused, in which case the suspension may continue until the final decision.
Rev. Stat., ch. 15, § 20; C. & M. Dig., § 618; Pope's Dig., § 658; A.S.A. 1947, § 25-409.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 2 - COURTS AND COURT OFFICERS (§§ 16-10-101 — 16-24-101) › Chapter 22 - ATTORNEYS AT LAW (§§ 16-22-101 — 16-22-501) › Subchapter 4 - SUSPENSION AND DISBARMENT (§§ 16-22-401 — 16-22-413) › Section 16-22-408 - Record of conviction or acquittal of offense as evidence

The record of conviction or acquittal of any indictable offense shall in all cases be conclusive evidence of the facts, and the court shall proceed thereon accordingly.
Rev. Stat., ch. 15, § 21; C. & M. Dig., § 619; Pope's Dig., § 659; A.S.A. 1947, § 25-410.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 2 - COURTS AND COURT OFFICERS (§§ 16-10-101 — 16-24-101) › Chapter 22 - ATTORNEYS AT LAW (§§ 16-22-101 — 16-22-501) › Subchapter 4 - SUSPENSION AND DISBARMENT (§§ 16-22-401 — 16-22-413) › Section 16-22-409 - Trial when offense not indictable

When the matter charged is not indictable, the trial of the facts alleged shall be had in the court in which the charges are pending. The trial shall be by jury. If the accused fails to appear or, upon appearing, does not require a jury, the trial shall be by the court sitting without a jury.
Rev. Stat., ch. 15, § 22; C. & M. Dig., § 620; Pope's Dig., § 660; A.S.A. 1947, § 25-411.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 2 - COURTS AND COURT OFFICERS (§§ 16-10-101 — 16-24-101) › Chapter 22 - ATTORNEYS AT LAW (§§ 16-22-101 — 16-22-501) › Subchapter 4 - SUSPENSION AND DISBARMENT (§§ 16-22-401 — 16-22-413) › Section 16-22-410 - Verification of charges

All charges exhibited under this subchapter shall be verified by affidavit and shall be prosecuted by the prosecuting attorney, prosecuting in the district in which the charges are pending.
Rev. Stat., ch. 15, § 24; C. & M. Dig., § 622; Pope's Dig., § 662; A.S.A. 1947, § 25-413.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 2 - COURTS AND COURT OFFICERS (§§ 16-10-101 — 16-24-101) › Chapter 22 - ATTORNEYS AT LAW (§§ 16-22-101 — 16-22-501) › Subchapter 4 - SUSPENSION AND DISBARMENT (§§ 16-22-401 — 16-22-413) › Section 16-22-411 - Judgment

(a)
In all cases of conviction, the court shall pronounce judgment of removal or suspension, according to the facts found.
(b)
Every judgment of removal or suspension made in pursuance of this subchapter shall operate, while it continues in force, as a removal or suspension from practice in all the courts of this state.
Rev. Stat., ch. 15, §§ 23, 26; C. & M. Dig., §§ 621, 624; Pope's Dig., §§ 661, 664; A.S.A. 1947, §§ 25-412, 25-415.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 2 - COURTS AND COURT OFFICERS (§§ 16-10-101 — 16-24-101) › Chapter 22 - ATTORNEYS AT LAW (§§ 16-22-101 — 16-22-501) › Subchapter 4 - SUSPENSION AND DISBARMENT (§§ 16-22-401 — 16-22-413) › Section 16-22-412 - Conviction in another state - Effect

(a)
In all cases of conviction for felony or other infamous crime of any attorney at law in any other state or territory of the United States, such conviction, on the production of a copy of the record thereof, shall have the same effect as if such attorney had been convicted in this state.
(b)
In all cases of conviction of any of the crimes specified in the preceding section, if the attorney shall have been licensed in this state, after such conviction, his license shall be revoked in the same manner as if the conviction had been had after the granting of such license.
Rev. Stat., ch. 15, §§ 27, 28; C. & M. Dig., §§ 625, 626; Pope's Dig., §§ 665, 666; A.S.A. 1947, §§ 25-416, 25-417.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 2 - COURTS AND COURT OFFICERS (§§ 16-10-101 — 16-24-101) › Chapter 22 - ATTORNEYS AT LAW (§§ 16-22-101 — 16-22-501) › Subchapter 4 - SUSPENSION AND DISBARMENT (§§ 16-22-401 — 16-22-413) › Section 16-22-413 - Review by Supreme Court

In all cases of a trial of charges, the accused may except to any decision of the court and may prosecute an appeal to the Supreme Court, or writ of error, in all respects as in actions at law.
Rev. Stat., ch. 15, § 25; C. & M. Dig., § 623; Pope's Dig., § 663; A.S.A. 1947, § 25-414.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 2 - COURTS AND COURT OFFICERS (§§ 16-10-101 — 16-24-101) › Chapter 22 - ATTORNEYS AT LAW (§§ 16-22-101 — 16-22-501) › Subchapter 5 - UNAUTHORIZED PRACTICE OF LAW (§ 16-22-501) › Section 16-22-501 - Prohibited activities

(a)
A person commits an offense if, with intent to obtain a direct economic benefit for himself or herself, the person:
(1)
Contracts with any person to represent that person with regard to personal causes of action for property damages or personal injury;
(2)
Advises any person as to the person's rights and the advisability of making claims for personal injuries or property damages;
(3)
Advises any person as to whether or not to accept an offered sum of money in settlement of claims for personal injuries or property damages;
(4)
Enters into any contract with another person to represent that person in personal injury or property damage matters on a contingent fee basis with an attempted assignment of a portion of the person's cause of action;
(5)
Enters into any contract, except a contract of insurance, with a third person which purports to grant the exclusive right to select and retain legal counsel to represent the individual in any legal proceeding; or
(6)
Contacts any person by telephone or in person for the purpose of soliciting business which is legal in nature, as set forth above.
(b)
This section does not apply to a person currently licensed to practice law in this state, another state, or a foreign country and in good standing with the State Bar of Arkansas and the state bar or licensing authority of any and all other states and foreign countries where licensed.
(c)
Except as provided by subsection (d) of this section, an offense under subsection (a) of this section is a Class A misdemeanor.
(d)
An offense under subsection (a) of this section is a Class D felony if it is shown on the trial of the offense that the defendant has previously been convicted under subsection (a) of this section.
(e)
This section shall not apply to a person who is licensed as an adjuster or employed as an adjuster by an insurer as authorized by §
23-64-101
.
Acts 1997, No. 1301, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 2 - COURTS AND COURT OFFICERS (§§ 16-10-101 — 16-24-101) › Chapter 23 - LAW LIBRARIES (§§ 16-23-101 — 16-23-105) › Section 16-23-101 - Authorization

(a)
Any county of this state is authorized to own, operate, and maintain a county law library and, in connection therewith, to own, buy, sell, lend, borrow, receive bequests and donations of, and otherwise deal in and contract concerning books, volumes, treatises, pamphlets, and other educational materials useful for the purpose of legal education and to use therefor any available funds, including proceeds of the court costs levied and collected pursuant to the provisions of this chapter.
(b)
The funds derived from the levy of costs in criminal and civil cases as provided by this chapter may be used for any purpose relating to the establishment, maintenance, and operation of a county law library, including, but not limited to:
(1)
Construction, renovation, and maintenance of facilities to house such libraries;
(2)
The purchase of books, supplies, furnishings, and appointments;
(3)
The payment of salaries and expenses of librarians and assistants; and
(4)
Such other expenditures necessary to carry out the purpose and intent of this chapter.
(c)
(1)
Each county which has two (2) judicial districts, an organized bar association organized in each district prior to March 1, 1991, and a county law library established prior to March 1, 1991, shall create a county law library to be located within each judicial district.
(2)
The court costs levied under this chapter and collected by the courts within the judicial districts shall be used only for the county law library located within that judicial district.
Acts 1971, No. 284, § 1; 1985, No. 915, § 1; A.S.A. 1947, § 25-504; Acts 1991, No. 1241, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 2 - COURTS AND COURT OFFICERS (§§ 16-10-101 — 16-24-101) › Chapter 23 - LAW LIBRARIES (§§ 16-23-101 — 16-23-105) › Section 16-23-104 - Conditions precedent to levy and collection

(a)
The costs levied pursuant to the provisions of this chapter shall not be levied and collected unless there has been filed with the county court of a county a resolution of the county bar association or, in counties where there is no county bar association, a resolution of the regional bar association which includes that county, signed by the president and attested to by the secretary of such bar association, requesting the levying and collecting of the costs levied pursuant to the provisions of this chapter.
(b)
After receipt of the resolution, the county court may enter an order levying the costs levied pursuant to the provisions of this chapter and directing their collection.
Acts 1971, No. 284, § 3; A.S.A. 1947, § 25-506.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 2 - COURTS AND COURT OFFICERS (§§ 16-10-101 — 16-24-101) › Chapter 23 - LAW LIBRARIES (§§ 16-23-101 — 16-23-105) › Section 16-23-105 - County law library book fund

All collections from costs levied pursuant to the provisions of this chapter shall forthwith be paid over by the collecting officer to the county treasurer and by him credited on his records to a fund to be designated and known as the county law library book fund. The book fund shall be used for no other purposes than those provided in this chapter, and expenditures therefrom shall not require appropriation by the quorum court.
Acts 1971, No. 284, § 2; 1985, No. 915, § 2; A.S.A. 1947, § 25-505.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 2 - COURTS AND COURT OFFICERS (§§ 16-10-101 — 16-24-101) › Chapter 24 - COURT BAILIFFS (§ 16-24-101) › Subchapter 1 - GENERAL PROVISIONS (§ 16-24-101) › Section 16-24-101 - Oaths for court bailiffs

(a)
The following oath, in substance, shall be administered to a court bailiff at the start of a jury trial:
"I do solemnly swear (or affirm) that I will faithfully, impartially, and to the best of my ability, discharge the duties of bailiff of this court, to which office I have been appointed, and strictly obey all orders of the court, as bailiff during the present session now being held."
(b)
The following oath, in substance, shall be administered to a court bailiff prior to the deliberation of a jury:
"I do solemnly swear (or affirm) that I will keep this jury together, not allowing any person to speak to them or overhear their deliberations, nor to speak to them myself, unless it is in the performance of my official duties as bailiff to this court."
Acts 2007, No. 227, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 3 - JURIES AND JURORS (§§ 16-30-101 — 16-34-107) › Chapter 30 - GENERAL PROVISIONS (§§ 16-30-101 — 16-30-104) › Section 16-30-101 - Multijudge and divided circuits

(a)
In multijudge circuits, the circuit judges may select one (1) of their number to perform any of the duties imposed upon a judge by this act.
(b)
Divisions of any circuit court may either have separate jurors, or the circuit judges by concurrence may share a single jury wheel or box or a single list of jurors.
Amended by Act 2017, No. 600,§ 4, eff. 8/1/2017.
Acts 1969, No. 568, § 28; A.S.A. 1947, § 39-220.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 3 - JURIES AND JURORS (§§ 16-30-101 — 16-34-107) › Chapter 30 - GENERAL PROVISIONS (§§ 16-30-101 — 16-30-104) › Section 16-30-102 - Alternate jurors

(a)
When in the discretion of the court it shall be deemed advisable in the interests of the furtherance of justice, the court may direct that not more than three (3) jurors in addition to the regular jury be called and impaneled to sit as alternate jurors. Alternate jurors, in the order in which they are called, shall replace jurors who, prior to the time the jury retires to consider its verdict, become unable or disqualified to perform their duties.
(b)
Alternate jurors shall be drawn in the same manner, shall have the same qualifications, shall be subject to the same examinations and challenges, shall take the same oath, and shall have the same functions, powers, facilities, and privileges as the regular jurors. An alternate juror who does not replace a regular juror shall be discharged after the jury retires to consider its verdict.
(c)
Each opposing side shall be entitled to one (1) peremptory challenge in addition to those otherwise allowed by law. The additional peremptory challenges may be used against an alternate juror only, and the other peremptory challenges allowed by these rules by this section may not be used against an alternate juror.
Acts 1963, No. 490, §§ 1-3; A.S.A. 1947, §§ 39-232 -- 39-234.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 3 - JURIES AND JURORS (§§ 16-30-101 — 16-34-107) › Chapter 30 - GENERAL PROVISIONS (§§ 16-30-101 — 16-30-104) › Section 16-30-103 - Oaths

(a)
The following oath, in substance, shall be administered to the grand jurors:
"Saving yourselves and fellow jurors, you do swear that you will diligently inquire of, and present all treasons, felonies, misdemeanors, and breaches of the penal laws over which you have jurisdiction, of which you have knowledge or may receive information."
(b)
Petit jurors upon being impaneled pursuant to this act shall take the following oath:
"I do solemnly swear (or affirm) that I will well and truly try each and all of the issues submitted to me as a juror and a true verdict render according to the law and the evidence."
Crim. Code, § 406; Acts 1871, No. 49, § 1 [406], p. 255; C. & M. Dig., § 2979; Pope's Dig., § 3801; Acts 1969, No. 568, § 24; A.S.A. 1947, §§ 39-216, 43-904.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 3 - JURIES AND JURORS (§§ 16-30-101 — 16-34-107) › Chapter 30 - GENERAL PROVISIONS (§§ 16-30-101 — 16-30-104) › Section 16-30-104 - Contractual waiver of jury trial

A written provision in a contract to borrow money or to lend money in which the parties agree to waive their respective rights to a trial by jury under Arkansas Constitution, Article 2, § 7, is valid and enforceable except upon those grounds that exist at law or in equity for the revocation of any contract.
Added by Act 2018EX2, No. 13,§ 1, eff. 3/19/2018, op. applicable to all judicial proceedings in which a contract to waive a jury trial is at issue if the judicial proceeding is still pending on the effective date of the act.
See Act 2018EX2, No. 13, § 2.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 3 - JURIES AND JURORS (§§ 16-30-101 — 16-34-107) › Chapter 31 - JUROR QUALIFICATIONS AND EXEMPTIONS (§§ 16-31-101 — 16-31-108) › Section 16-31-101 - Qualifications

Every registered voter or, in counties where an enhanced prospective jury list is utilized, every registered voter, licensed driver, or person issued an identification card under §
27-16-805
who is a citizen of the United States and a resident of the State of Arkansas and of the county in which he or she may be summoned for jury service is legally qualified to act as a grand or petit juror if not otherwise disqualified under the express provisions of this act.
Acts 1969, No. 568, § 1; A.S.A. 1947, § 39-101; Acts 2003, No. 1404, § 6[5].
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 3 - JURIES AND JURORS (§§ 16-30-101 — 16-34-107) › Chapter 31 - JUROR QUALIFICATIONS AND EXEMPTIONS (§§ 16-31-101 — 16-31-108) › Section 16-31-102 - Disqualifications

(a)
The following persons are disqualified to act as grand or petit jurors:
(1)
Persons who do not meet the qualifications of §
16-31-101
;
(2)
Persons who are unable to speak or understand the English language;
(3)
Persons who are unable to read or write the English language, except that the circuit judge, in the exercise of his or her discretion, may waive these requirements when the persons are otherwise found to be capable of performing the duties of jurors;
(4)
Persons who have been convicted of a felony and have not been pardoned;
(5)
Persons who are:
(A)
Not of good character or approved integrity;
(B)
Lacking in sound judgment or reasonable information;
(C)
Intemperate; or
(D)
Not of good behavior;
(6)
Persons who, by reason of a physical or mental disability, are unable to render satisfactory jury service, except that no person shall be disqualified solely on the basis of loss of hearing or sight in any degree; and
(7)
Persons who are less than eighteen (18) years of age at the time they are required to appear.
(b)
Except by the consent of all the parties, no person shall serve as a petit juror in any case who:
(1)
Is related to any party or attorney in the cause within the fourth degree of consanguinity or affinity;
(2)
Is expected to appear as a witness or has been summoned to appear as a witness in the cause;
(3)
Has formed or expressed an opinion concerning the matter in controversy which may influence his or her judgment;
(4)
May have a material interest in the outcome of the case;
(5)
Is biased or prejudiced for or against any party to the cause or is prevented by any relationship or circumstance from acting impartially; or
(6)
Was a petit juror in a former trial of the cause or of another case involving any of the same questions of fact.
(c)
Nothing in this section shall limit a court's discretion and obligation to strike jurors for cause for any reason other than solely because of sight or hearing impairment.
Acts 1969, No. 568, §§ 2, 5; A.S.A. 1947, §§ 39-102, 39-105; Acts 1994 (1st Ex. Sess.), No. 4, § 1; 2005, No. 87, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 3 - JURIES AND JURORS (§§ 16-30-101 — 16-34-107) › Chapter 31 - JUROR QUALIFICATIONS AND EXEMPTIONS (§§ 16-31-101 — 16-31-108) › Section 16-31-103 - Exemptions from service - Definition

(a)
As used in this section, "adjournment sine die" means the adjournment of the General Assembly without the establishment of a day certain for reconvening.
(b)
A person may be excused from serving as a grand or petit juror or a jury commissioner for such period as the court deems necessary or may have his or her service deferred to another specified term of court when the state of his or her health or that of his or her family reasonably requires his or her absence, or when, for any reason, his or her own interests or those of the public will, in the opinion of the court, be materially injured by his or her attendance.
(c)
If a member of the General Assembly is summoned for service on a petit or grand jury in circuit court within thirty (30) days preceding the convening of the General Assembly or at any time during a regular session, extraordinary session, or fiscal session, he or she is entitled to a deferment of that service until thirty (30) days after adjournment sine die of the General Assembly.
(d)
A person who is eighty (80) years of age or older may voluntarily exempt himself or herself from or decline to participate in jury service at any time.
Amended by Act 2023, No. 177,§ 10, eff. 8/1/2023.
Amended by Act 2021, No. 222,§ 2, eff. 7/28/2021.
Acts 1969, No. 568, §§ 7, 8; 1971, No. 374, § 1; 1975, No. 650, § 16; 1979, No. 612, § 1; 1981, No. 294, §§ 1, 2; 1985, No. 291, § 1; A.S.A. 1947, §§ 39-107, 39-108, 39-121, 39-122, 72-1147; Acts 1991, No. 379, § 1; 1993, No. 167, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 3 - JURIES AND JURORS (§§ 16-30-101 — 16-34-107) › Chapter 31 - JUROR QUALIFICATIONS AND EXEMPTIONS (§§ 16-31-101 — 16-31-108) › Section 16-31-104 - Limitations on frequency and period of service

(a)
Any person who is sworn as a member of a grand or petit jury shall be ineligible to serve on another grand or petit jury in the same county for a period of two (2) years from the date the person is excused from further jury service by the court or by operation of law.
(b)
No petit juror shall be required to report for jury duty on more than ten (10) days or for more than a four-month period during the calendar year for which he or she is selected, except that any juror actually engaged in the trial of a case at the time of the expiration of the period of permitted service shall serve until the trial of the case is concluded.
(c)
A summons to serve on jury duty shall include a description of the maximum periods of service under this section.
Acts 1969, No. 568, §§ 3, 4; 1971, No. 364, § 1; 1983, No. 425, § 1; A.S.A. 1947, §§ 39-103, 39-104; Acts 2007, No. 225, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 3 - JURIES AND JURORS (§§ 16-30-101 — 16-34-107) › Chapter 31 - JUROR QUALIFICATIONS AND EXEMPTIONS (§§ 16-31-101 — 16-31-108) › Section 16-31-105 - Exemption from overtime parking penalties

(a)
No person shall be subject to a fine or other penalty for the offense of overtime parking incurred while the person is engaged in actual service as a grand or petit juror in any court, federal or state, in this state.
(b)
The person may evidence the fact of jury service by exhibiting to the appropriate official of the city or town offended by the violation a certificate of the clerk of the court similar to the form now in use to the effect that the person was engaged in jury service on the date of the violation and the hours of actual service.
(c)
Any person attempting to enforce any fine or other penalty notwithstanding the provisions of this section shall be subject to contempt proceedings before the judge of the court being served by the person so charged.
(d)
Nothing contained in this section shall be construed to give immunity from fine or penalty other than for the offense of overtime parking.
Acts 1971, No. 729, §§ 1-4; 1979, No. 423, § 1; A.S.A. 1947, §§ 39-117 -- 39-120.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 3 - JURIES AND JURORS (§§ 16-30-101 — 16-34-107) › Chapter 31 - JUROR QUALIFICATIONS AND EXEMPTIONS (§§ 16-31-101 — 16-31-108) › Section 16-31-106 - Penalty for employees' service prohibited

(a)
(1)
Any person who is summoned to serve on jury duty shall not be subject to discharge from employment, loss of sick leave, loss of vacation time, or any other form of penalty as a result of his or her absence from employment due to jury duty, upon giving reasonable notice to his or her employer of the summons.
(2)
No employer shall subject an employee to discharge, loss of sick leave, loss of vacation time, or any other form of penalty on account of his or her absence from employment by reason of jury duty.
(b)
Any person violating the provisions of this section shall be guilty of a Class A misdemeanor.
Acts 1969, No. 568, § 3; 1983, No. 425, § 1; A.S.A. 1947, § 39-103.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 3 - JURIES AND JURORS (§§ 16-30-101 — 16-34-107) › Chapter 31 - JUROR QUALIFICATIONS AND EXEMPTIONS (§§ 16-31-101 — 16-31-108) › Section 16-31-107 - Effect of unqualified juror upon verdict or indictment

No verdict or indictment shall be void or voidable because any juror shall fail to possess any of the qualifications required in this act unless a juror shall knowingly answer falsely any question on voir dire relating to his qualifications propounded by the court or counsel in any cause. A juror who shall knowingly fail to respond audibly or otherwise as is required by the circumstances to make his position known to the court or counsel in response to any question propounded by the court or counsel, the answer to which would reveal a disqualification on the part of the juror, shall be deemed to have answered falsely.
Acts 1969, No. 568, § 6; A.S.A. 1947, § 39-106.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 3 - JURIES AND JURORS (§§ 16-30-101 — 16-34-107) › Chapter 31 - JUROR QUALIFICATIONS AND EXEMPTIONS (§§ 16-31-101 — 16-31-108) › Section 16-31-108 - Interpreters for visually impaired, Deaf, deaf, or Hard of Hearing jurors

(a)
(1)
(A)
The state, through the Administrative Office of the Courts, shall provide and pay the cost of reasonable accommodations for the Deaf, deaf, Hard of Hearing, and visually impaired when necessary to enable a person with those disabilities to act as a venireperson or juror.
(B)
Such accommodations may include a qualified sign language interpreter, real-time captioning, or other reasonable auxiliary aid for the Deaf, deaf, or Hard of Hearing or a reader for the visually impaired.
(C)
In the event the juror indicates that he or she can be accommodated by several means, the Administrative Office of the Courts may consider the cost and availability of each accommodation when deciding which to provide.
(2)
The interpreter, the person writing real-time captioning, and the reader, when necessary, shall be present throughout jury service, the trial, and when the jury assembles for deliberation.
(b)
(1)
Whenever a sign language interpreter, real-time captioning, or a reader is utilized in judicial proceedings or in jury deliberations, the court will administer an oath to the interpreter, the person writing the real-time captioning, and the reader, to ensure objective and unbiased translation and complete confidentiality of the proceedings.
(2)
The court shall also instruct the interpreter, the person writing the real-time captioning, and the reader to make a true and complete translation of all testimony and other relevant colloquy to the best of his or her ability.
(3)
The court shall further instruct the interpreter, the person writing the real-time captioning, and the reader to refrain from participating in any manner in the deliberations of the jury, except for the complete translations of jurors' remarks made during deliberations.
(c)
The verdict of the jury shall be valid notwithstanding the presence of the interpreter during deliberations.
Amended by Act 2021, No. 84,§ 10, eff. 7/28/2021.
Acts 1994 (1st Ex. Sess.), No. 4, § 2; 1995, No. 897, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 3 - JURIES AND JURORS (§§ 16-30-101 — 16-34-107) › Chapter 32 - SELECTION AND ATTENDANCE (§§ 16-32-101 — 16-32-304) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-32-101 — 16-32-111) › Section 16-32-101 - Selection pursuant to act required - Waiver

No person shall be summoned to serve as a grand or petit juror who has not been selected under the provisions of this act unless this requirement is waived by the parties.
Acts 1969, No. 568, § 26; A.S.A. 1947, § 39-218.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 3 - JURIES AND JURORS (§§ 16-30-101 — 16-34-107) › Chapter 32 - SELECTION AND ATTENDANCE (§§ 16-32-101 — 16-32-304) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-32-101 — 16-32-111) › Section 16-32-102 - [Repealed]

Repealed by Act 2013, No. 1148,§ 6, eff. 8/16/2013.
Acts 1969, No. 568, §§ 10-12; 1975, No. 485, § 1; A.S.A. 1947, §§ 39-201.1 -- 39-204.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 3 - JURIES AND JURORS (§§ 16-30-101 — 16-34-107) › Chapter 32 - SELECTION AND ATTENDANCE (§§ 16-32-101 — 16-32-304) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-32-101 — 16-32-111) › Section 16-32-104 - Jury wheel or box

(a)
(1)
The names and last known addresses of the persons selected shall be placed, in the presence of the circuit judge and the circuit clerk, in a circular hollow wheel or a large box constructed of sturdy and durable material. In place of names and addresses, the court may cause cards or discs, numbered serially, to reflect the number of prospective jurors required to be placed in the box and shall cause the names on the master list to be numbered serially so that a juror on the list may be identified when his or her number is drawn for entry in the jury book.
(2)
(A)
The wheel or box shall thereafter remain locked at all times, except when in use as provided in this subchapter, by the use of two (2) separate locks so arranged that the key to one will not open the other lock. The clasps into which the locks shall be fitted shall be so arranged that the wheel or box cannot be opened unless both locks are unlocked.
(B)
The key to one (1) lock shall be kept by the circuit judge, and the key to the other shall be kept by the circuit clerk.
(C)
The circuit clerk of each county shall keep the wheel or box, when not in use, in a safe and secure place.
(3)
Whenever the circuit judge finds that there is sufficient reason to believe that the integrity of the contents of the wheel or box may have been compromised, he or she shall cause the names in the wheel or box to be compared with the names on the master list, and the verified names shall then be placed in the wheel or box in open court.
(4)
Any person other than one acting in open court as authorized by this act who shall open a jury wheel or box with intent to remove, alter, or add to its contents shall be deemed guilty of a felony, and upon conviction shall be imprisoned in the penitentiary not less than one (1) year nor more than twenty-one (21) years.
(b)
The courts are authorized to use a computer program that is capable of random selection of names from the list of registered voters or the enhanced list of prospective jurors authorized under §
16-32-302
instead of maintaining the jury wheel or box required under subdivisions (a)(1)-(4) of this section.
Acts 1969, No. 568, §§ 14, 16, 27; A.S.A. 1947, §§ 39-206, 39-208, 39-219; Acts 2005, No. 87, § 3.