reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 85 - PRETRIAL PROCEEDINGS (§§ 16-85-101 — 16-85-714) › Subchapter 6 - PROCESS ON INDICTMENT (§§ 16-85-601 — 16-85-606) › Section 16-85-601 - Definition

As used in this code, unless the context otherwise requires, the "process on an indictment" consists of the writs for arresting or summoning the defendant to appear and answer the indictment.
Crim. Code, § 139; C. & M. Dig., § 3039; Pope's Dig., § 3864; A.S.A. 1947, § 43-1101.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 85 - PRETRIAL PROCEEDINGS (§§ 16-85-101 — 16-85-714) › Subchapter 6 - PROCESS ON INDICTMENT (§§ 16-85-601 — 16-85-606) › Section 16-85-602 - Order of court upon indictment

Upon an indictment's being found, if the defendant is not in custody or on bail the court shall forthwith make an order for process to be issued on the indictment, designating whether it shall be for arresting or summoning the defendant.
Crim. Code, § 141; C. & M. Dig., § 3041; Pope's Dig., § 3867; A.S.A. 1947, § 43-1103; Acts 2005, No. 1994, § 321.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 85 - PRETRIAL PROCEEDINGS (§§ 16-85-101 — 16-85-714) › Subchapter 6 - PROCESS ON INDICTMENT (§§ 16-85-601 — 16-85-606) › Section 16-85-606 - Issuance of bench warrant discretionary

(a)
The court may, at its discretion, order a bench warrant to be issued on any indictment.
(b)
However, where the punishment is limited to a fine of one hundred dollars ($100) or less, a bench warrant shall not be issued unless the court is satisfied that there is reason to believe the defendant will escape punishment if a bench warrant is not issued.
Crim. Code, § 150; C. & M. Dig., § 3049; Pope's Dig., § 3875; A.S.A. 1947, § 43-1112.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 85 - PRETRIAL PROCEEDINGS (§§ 16-85-101 — 16-85-714) › Subchapter 7 - ARRAIGNMENT AND PLEADING GENERALLY (§§ 16-85-701 — 16-85-714) › Section 16-85-701 - Definition

As used in this code, unless the context otherwise requires, an arraignment is the reading of the indictment to the defendant and the asking of him or her if he or she pleads guilty or not guilty to the indictment.
Crim. Code, § 155; C. & M. Dig., § 3050; Pope's Dig., § 3876; A.S.A. 1947, § 43-1201; Acts 2005, No. 1994, § 274.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 85 - PRETRIAL PROCEEDINGS (§§ 16-85-101 — 16-85-714) › Subchapter 7 - ARRAIGNMENT AND PLEADING GENERALLY (§§ 16-85-701 — 16-85-714) › Section 16-85-702 - Arraignment for felonies and misdemeanors - Exception

The arraignment shall only be made in indictments for felonies and misdemeanors and may be dispensed with by the court, with the defendant's consent.
Crim. Code, § 156; C. & M. Dig., § 3054; Pope's Dig., § 3880; A.S.A. 1947, § 43-1202; Acts 2005, No. 1994, § 295.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 85 - PRETRIAL PROCEEDINGS (§§ 16-85-101 — 16-85-714) › Subchapter 7 - ARRAIGNMENT AND PLEADING GENERALLY (§§ 16-85-701 — 16-85-714) › Section 16-85-706 - Motion to set aside indictment

(a)
The motion to set aside the indictment can only be made on the following grounds:
(1)
A substantial error in the summoning or formation of the grand jury;
(2)
That some person other than the grand jurors was present before the grand jury when they finally acted upon the indictment; and
(3)
That the indictment was not found and presented as required by this code.
(b)
If the motion is sustained, the court shall make an order that the case be submitted to another grand jury to be assembled at that or the next term of the court.
Crim. Code, §§ 159-162; C. & M. Dig., §§ 3057-3060; Pope's Dig., §§ 3883-3886; A.S.A. 1947, §§ 43-1207--43-1210; Acts 2005, No. 1994, § 322.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 85 - PRETRIAL PROCEEDINGS (§§ 16-85-101 — 16-85-714) › Subchapter 7 - ARRAIGNMENT AND PLEADING GENERALLY (§§ 16-85-701 — 16-85-714) › Section 16-85-709 - Pleas generally

There are but three (3) kinds of pleas to an indictment or information:
(1)
A plea of guilty;
(2)
A plea of nolo contendere; or
(3)
A plea of not guilty.
Crim. Code, § 172; C. & M. Dig., § 3074; Pope's Dig., § 3900; Acts 1953, No. 141, § 1; A.S.A. 1947, § 43-1220; Acts 2005, No. 1994, § 323.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 85 - PRETRIAL PROCEEDINGS (§§ 16-85-101 — 16-85-714) › Subchapter 7 - ARRAIGNMENT AND PLEADING GENERALLY (§§ 16-85-701 — 16-85-714) › Section 16-85-713 - Leave of court to enter nolle prosequi

No prosecuting attorney shall enter a nolle prosequi on any indictment or in any other way discontinue or abandon the indictment without the leave of the court in which the indictment is pending and without being first entered on the docket.
Rev. Stat., ch. 45, § 109; C. & M. Dig., § 3061; Pope's Dig., § 3887; A.S.A. 1947, § 43-1230; Acts 2005, No. 1994, § 275.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 86 - INSANITY DEFENSE (§§ 16-86-101 — 16-86-113) › Section 16-86-101 - Plea of insanity not to prevent timely trial

Nothing in this chapter shall be construed to prevent a trial of a defendant after an order for observation and examination has been entered.
Acts 1971, No. 433, ch. 6, § 5; A.S.A. 1947, § 43-1308; Acts 2001, No. 1551, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 86 - INSANITY DEFENSE (§§ 16-86-101 — 16-86-113) › Section 16-86-102 - Examination and observation generally

(a)
(1)
Whenever a prosecution for any crime has been instituted in the circuit court by indictment or information, the court, subject to the provisions of §§
5-2-304
and
5-2-311
, shall immediately suspend all further proceedings in the prosecution if:
(A)
The defendant files notice that he or she intends to rely upon the defense of mental disease or defect; or
(B)
There is reason to believe that mental disease or defect of the defendant will or has become an issue in the case;
(C)
The defendant files notice that he or she will put in issue his or her fitness to proceed; or
(D)
There is reason to doubt his or her fitness to proceed.
(2)
If a trial jury has been impaneled, the court may retain the jury or declare a mistrial and discharge the jury.
(3)
A discharge of the jury shall not be a bar to future prosecution.
(b)
(1)
Upon the issuance of an order for the examination and observation of the defendant, the court shall direct the circuit clerk to notify the prosecuting attorney and the counsel for the defendant of the issuance of the order.
(2)
(A)
The action of the court in ordering that the defendant undergo examination and observation shall not preclude the state or the defendant from calling expert witnesses to testify at the trial.
(B)
The expert witness shall have free access to the defendant for the purpose of observation and examination when the defendant is in the custody of local, county, or state law enforcement or state mental health facilities.
Acts 1971, No. 433, ch. 6, § 7; 1973, No. 95, § 1; 1983, No. 191, § 1; A.S.A. 1947, § 43-1301; Acts 2001, No. 1551, § 2.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 86 - INSANITY DEFENSE (§§ 16-86-101 — 16-86-113) › Section 16-86-104 - Admission to State Hospital - Report

(a)
If the Director of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services determines that a defendant should be admitted to the Arkansas State Hospital for examination and observation, the defendant shall be committed to the Arkansas State Hospital for a period not exceeding one (1) month or until a time as the Director of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services believes is necessary for the examination and observation of the defendant.
(b)
The qualified psychiatrist or qualified psychologist who is designated to examine and observe the mental condition of the defendant shall prepare a written report indicating separately the defendant's mental condition during the period of the examination and the defendant's probable mental condition at the time of the commission of the alleged offense.
(c)
The report shall be certified by the Director of the Arkansas State Hospital or a designee under his or her seal or by an affidavit duly subscribed and sworn to by him or her before a notary public who shall affix the notary public's certificate and seal to it.
Amended by Act 2017, No. 913,§ 41, eff. 8/1/2017.
Amended by Act 2013, No. 980,§ 6, eff. 8/16/2013.
Acts 1971, No. 433, ch. 6, § 7; 1973, No. 95, § 1; 1983, No. 191, § 1; A.S.A. 1947, § 43-1301; Acts 2001, No. 1551, § 4.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 86 - INSANITY DEFENSE (§§ 16-86-101 — 16-86-113) › Section 16-86-105 - Examination and observation - Costs

(a)
(1)
The cost of examination other than by examiners retained by the defendant shall be borne by the state.
(2)
Room and board costs shall also be borne by the state so long as the Arkansas State Hospital has actual physical custody of the defendant for the evaluation, observation, or treatment of the defendant.
(b)
(1)
However, whenever an evaluation of the defendant has been completed, the county from which the defendant is sent for evaluation, within two (2) working days, shall procure the defendant from the Arkansas State Hospital.
(2)
Should the county fail to procure the defendant within this two-day period, the county shall bear all room and board costs on the third and subsequent days.
Acts 1971, No. 433, ch. 6, § 7; 1973, No. 95, § 1; 1983, No. 191, § 1; A.S.A. 1947, § 43-1301; Acts 2001, No. 1551, § 5.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 86 - INSANITY DEFENSE (§§ 16-86-101 — 16-86-113) › Section 16-86-106 - Testimony of mental health examiners

(a)
(1)
(A)
When a defendant has been examined, the qualified psychiatrist or qualified psychologist who prepared the examination report shall be summoned as a witness at the trial at the order of the trial judge or at the request of either party.
(B)
If summoned, the psychiatrist or psychologist shall be examined by the court and may be examined by either party. A copy of the written report may be made part of the record at trial in every case in which the fact of sanity is an issue at the trial.
(2)
A witness employed by the state shall be so summoned to appear as to require as little loss of time as possible from his or her other duties.
(b)
(1)
The actual necessary expenses of a witness incurred in attending the trial shall be borne by the state. The claims of the witness for the expenses shall be examined and approved by the trial judge before they may be allowed by the state.
(2)
A witness employed by the Arkansas State Hospital shall receive no fees for his or her service as a witness.
(3)
(A)
If a witness is employed by a clinic or center on a part-time basis and is summoned to appear in court on a day he or she would normally be on duty, the clinic or center shall be reimbursed by the state at the same rate it pays for the employee's services.
(B)
If the witness is summoned to appear on a day he or she is not on duty at the clinic or center, he or she shall be paid at the same rate he or she is paid by the clinic or center.
Acts 1971, No. 433, ch. 6, § 8; 1983, No. 191, § 2; A.S.A. 1947, § 43-1302; Acts 2001, No. 1551, § 6.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 86 - INSANITY DEFENSE (§§ 16-86-101 — 16-86-113) › Section 16-86-107 - Request for examination upon defense of insanity for felony charge

(a)
(1)
Whenever a defendant has been held for trial and the defense of insanity is an issue in the matter, the defendant or some person for him or her shall file a motion or request for an order of examination in the office of the clerk of the circuit court.
(2)
The clerk shall immediately give notice in writing of the filing of the motion or request to the prosecuting attorney or his or her deputy.
(3)
The motion or request shall be immediately presented to the circuit judge.
(b)
If the court has reason to believe that the defendant should be examined and observed by reason of the suggestion of the prosecuting attorney or other court official or those interested in the defendant, it may enter the order on its own motion.
Acts 1971, No. 433, ch. 6, § 1; A.S.A. 1947, § 43-1304; Acts 2001, No. 1551, § 7.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 86 - INSANITY DEFENSE (§§ 16-86-101 — 16-86-113) › Section 16-86-108 - Plea of insanity when period before trial short or insanity alleged after charge

(a)
Whenever a defendant shall be held for trial in circuit court and the defendant alleges that he or she has become insane after being legally charged, the defendant or some person for the defendant must notify the prosecutor and the court at the earliest practicable time.
(b)
(1)
Failure to notify the prosecutor within a reasonable time before the trial date shall entitle the prosecutor to a continuance which for limitation purposes shall be deemed an excluded period granted on application of the defendant.
(2)
Alternatively, in lieu of suspending all further proceedings in the case, the court may order the immediate examination of the defendant by a qualified psychiatrist or a qualified psychologist.
Acts 1971, No. 433, ch. 6, § 2; A.S.A. 1947, § 43-1305; Acts 2001, No. 1551, § 8.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 86 - INSANITY DEFENSE (§§ 16-86-101 — 16-86-113) › Section 16-86-110 - Insufficient time to submit report to court

When proper and timely request is made to the court for an order of examination and observation and there is not sufficient time to complete the examination and submit the report before scheduled proceedings in the case, the court may order examination and immediately continue the case until the examination is complete and the report of that examination is submitted to the court.
Acts 1971, No. 433, ch. 6, § 4; A.S.A. 1947, § 43-1307; Acts 2001, No. 1551, § 10.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 86 - INSANITY DEFENSE (§§ 16-86-101 — 16-86-113) › Section 16-86-111 - Allegation of insanity of convicted defendant

(a)
The procedure provided in this chapter shall also be followed, insofar as it is applicable, in any case in which the insanity of the convicted defendant is alleged as a ground for postponing or not carrying out execution of any sentence imposed as part of the judgment of conviction of the defendant.
(b)
In such cases, a hearing shall be held in the manner provided by law, but the evidence provided for in this subchapter shall be given at the hearing.
Acts 1971, No. 433, ch. 6, § 9; A.S.A. 1947, § 43-1303; Acts 2001, No. 1551, § 11.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 86 - INSANITY DEFENSE (§§ 16-86-101 — 16-86-113) › Section 16-86-112 - Escape of committed person

(a)
A person committed to the state hospital in compliance with this chapter who escapes from the hospital shall be returned to the jurisdiction of the committing court upon his or her apprehension.
(b)
After the return of the person to the jurisdiction of the committing court, the court may recommit him or her to the Arkansas State Hospital for further examination or make such other orders as, in its discretion, may be deemed necessary to provide for the custody of the person.
Acts 1971, No. 433, ch. 6, §§ 10, 11; A.S.A. 1947, §§ 43-1310, 43-1311.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 86 - INSANITY DEFENSE (§§ 16-86-101 — 16-86-113) › Section 16-86-113 - Authority of court in vacation

The circuit judges in vacation may make any order pertaining to the commitment, examination, observation, or return from the Arkansas State Hospital, after examination, of any defendant that they might make during a regular term of court at which the defendant might be tried.
Acts 1971, No. 433, ch. 6, § 6; A.S.A. 1947, § 43-1309.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 87 - PUBLIC DEFENDERS (§§ 16-87-101 — 16-87-307) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-87-101 — 16-87-102) › Section 16-87-101 - Title

This chapter may be cited as the "Public Defender Act".
Acts 1975, No. 996, § 1; A.S.A. 1947, § 43-3301.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 87 - PUBLIC DEFENDERS (§§ 16-87-101 — 16-87-307) › Subchapter 2 - ARKANSAS PUBLIC DEFENDER COMMISSION (§§ 16-87-201 — 16-87-218) › Section 16-87-201 - Definitions

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.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 87 - PUBLIC DEFENDERS (§§ 16-87-101 — 16-87-307) › Subchapter 2 - ARKANSAS PUBLIC DEFENDER COMMISSION (§§ 16-87-201 — 16-87-218) › Section 16-87-202 - Arkansas Public Defender Commission - Fund created

(a)
There is hereby created the Arkansas Public Defender Commission.
(b)
(1)
The commission shall be composed of seven (7) members appointed by the Governor for five-year terms.
(2)
At least four (4) members of the commission shall be attorneys who are licensed to practice law in the State of Arkansas and experienced in the defense of persons accused of crimes.
(3)
At least one (1) member of the commission shall be a county judge, and at least one (1) member shall be a trial judge who hears criminal cases.
(4)
No more than two (2) members of the commission shall be residents of the same congressional district, and no two (2) members of the commission shall be residents of the same county.
(5)
A commission member shall be eligible for reappointment and shall continue in office until a successor is appointed and qualified.
(6)
The Governor shall designate one (1) commission member to serve as chair.
(c)
(1)
The commission shall meet at least once each quarter upon the call of the chair.
(2)
Commission members shall serve without compensation but may receive expense reimbursement in accordance with §
25-16-901
et seq.
Acts 1993, No. 1193, § 11; 1997, No. 250, § 117.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 87 - PUBLIC DEFENDERS (§§ 16-87-101 — 16-87-307) › Subchapter 2 - ARKANSAS PUBLIC DEFENDER COMMISSION (§§ 16-87-201 — 16-87-218) › Section 16-87-205 - Capital, Conflicts, and Appellate Office

(a)
There is hereby created the Capital, Conflicts, and Appellate Office to represent indigent defendants when the death penalty is sought and the trial public defender's office is unable to represent the defendant for the reasons set forth in subdivision (c)(1)(A) of this section.
(b)
The Capital, Conflicts, and Appellate Office shall operate under the supervision of the Executive Director of the Arkansas Public Defender Commission.
(c)
(1)
The Arkansas Public Defender Commission shall be appointed by the trial court in the following situation:
(A)
(i)
In capital murder cases in which the death penalty is sought if a conflict of interest is determined by the court to exist between the trial public defender's office and the indigent person or if for any other reason the court determines that the trial public defender cannot or should not represent the indigent person.
(ii)
The representation may be in conjunction with appointed private attorneys.
(iii)
In capital murder cases, unless the prosecuting attorney informs the circuit court at the arraignment of the defendant that the death penalty will not be sought, it shall be presumed for purposes of this section that the death penalty will be sought.
(iv)
(a)
The executive director may assign the Capital, Conflicts, and Appellate Office, a trial public defender from another area, a private attorney whose name appears on a list of attorneys maintained by the commission, or a combination of private and public defender attorneys to represent the indigent person.
(b)
The executive director shall notify the trial court of the assignment and an order reflecting the assignment shall be entered.
(2)
(A)
In noncapital cases, if a conflict of interest is determined by the court to exist between the trial public defender's office and the indigent person, or if for any other reason the court determines that the trial public defender cannot or should not represent the indigent person, then the court, if time permits shall contact the commission to determine if a public defender from an adjacent area is available for appointment.
(B)
(i)
If time does not permit or if there is not a trial public defender from an adjacent area available, then the court may appoint a private attorney.
(ii)
The trial judge 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.
(d)
To the extent money is appropriated, the executive director of the commission may hire attorneys, investigators, research assistants, and other staff as necessary to properly represent indigent persons.
Acts 1993, No. 1193, § 7; 2001, No. 1799, § 2; 2003, No. 606, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 87 - PUBLIC DEFENDERS (§§ 16-87-101 — 16-87-307) › Subchapter 2 - ARKANSAS PUBLIC DEFENDER COMMISSION (§§ 16-87-201 — 16-87-218) › Section 16-87-211 - Compensation

(a)
On an interim basis in complex cases or at the conclusion of each case, the appointed attorney shall submit his or her bill to the appointing court, which shall issue an order authorizing compensation.
(b)
(1)
An application for compensation shall be submitted to the Arkansas Public Defender Commission accompanied by the affidavit of the appointed attorney detailing the hours spent on the case and the services rendered and whether compensation was received or has been applied for from any other source.
(2)
The commission shall determine and set the compensation award based upon guidelines established by the commission.
(c)
There shall be no maximum amount of compensation in capital cases.
Acts 1993, No. 1193, § 9; 1999, No. 1564, § 4; 2001, No. 1343, § 1; 2001, No. 1799, § 5.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 87 - PUBLIC DEFENDERS (§§ 16-87-101 — 16-87-307) › Subchapter 2 - ARKANSAS PUBLIC DEFENDER COMMISSION (§§ 16-87-201 — 16-87-218) › Section 16-87-212 - Court fees and expenses

(a)
(1)
The Arkansas Public Defender Commission is authorized to pay for certain expenses regarding the defense of indigents.
(2)
(A)
The expenses shall include, but shall not necessarily be limited to, fees for counsel appointed by the court, expert witnesses, temporary investigators, testing, and travel.
(B)
(i)
Expenses shall not include attorney's fees for counsel privately retained for the benefit of an indigent defendant for that defendant's defense.
(ii)
The commission may authorize the payment of expenses of counsel privately retained for the benefit of an indigent defendant, provided counsel complies with the standards set by the commission under this subchapter governing counsel appointed by the court or employed or contracted by the commission.
(3)
(A)
Whenever a judge orders an authorized payment in a case involving an indigent person, a copy of the order accompanied by a detailed explanation of services rendered, time spent, and expenses incurred shall be transmitted to the commission, and the commission shall set the amount of compensation.
(B)
Orders as authorized throughout this chapter shall be paid by the commission provided sufficient funds are available.
(b)
(1)
With the approval of the Executive Director of the Arkansas Public Defender Commission, trial public defenders, appointed private attorneys, and the Capital, Conflicts, and Appellate Office are authorized to utilize the services of the State Crime Laboratory for pathology and biology, toxicology, criminalistics, raw drug analysis, latent fingerprint identification, questioned documents examination, firearms and toolmarks identification, and in other such areas as the trial judge may deem necessary and appropriate.
(2)
If approved by the executive director, the laboratory shall provide the requested services.
(c)
At the discretion of the commission, capital murder cases and all proceedings under the Arkansas Rules of Criminal Procedure, Rule 37.5, shall be paid entirely by the commission.
Acts 1993, No. 1193, § 10; 1997, No. 788, § 22; No. 1341, § 22; 2001, No. 1343, § 2; 2001, No. 1799, § 6; 2011, No. 39, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 87 - PUBLIC DEFENDERS (§§ 16-87-101 — 16-87-307) › Subchapter 2 - ARKANSAS PUBLIC DEFENDER COMMISSION (§§ 16-87-201 — 16-87-218) › Section 16-87-214 - Prohibited conduct

(a)
A trial public defender or a deputy trial public defender shall not:
(1)
Receive any funds, services, or other thing of monetary value, directly or indirectly, for the representation of an indigent person pursuant to court appointment, except the compensation authorized by law; or
(2)
Refer any person, indigent or otherwise, who contacts the trial public defender to any other attorney, except pursuant to guidelines established by the Arkansas Public Defender Commission.
(b)
This section does not bar a prosecution or other disciplinary action against a trial public defender or deputy trial public defender who commits a violation of the law or the Arkansas Rules of Professional Conduct.
(c)
The commission and the Executive Director of the Arkansas Public Defender Commission shall not interfere with the discretion, judgment, or advocacy of a trial public defender, a deputy trial public defender, or an appointed private attorney in the representation of indigent persons, but nothing in this subsection shall be construed to preclude the commission or the executive director from refusing to approve an expenditure of public funds.
Amended by Act 2015, No. 1152,§ 9, eff. 7/22/2015.
Acts 1993, No. 1193, § 14.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 87 - PUBLIC DEFENDERS (§§ 16-87-101 — 16-87-307) › Subchapter 2 - ARKANSAS PUBLIC DEFENDER COMMISSION (§§ 16-87-201 — 16-87-218) › Section 16-87-215 - Trial Public Defender Office

There is hereby created the Trial Public Defender Office within the Arkansas Public Defender Commission, to be composed as follows:
(1)
The Trial Public Defender Office shall supervise the development and operations of each of the components of the Arkansas trial public defender system pursuant to the rules and standards for governing the system adopted by the commission;
(2)
(A)
The Executive Director of the Arkansas Public Defender Commission shall appoint a defense services administrator.
(B)
The administrator shall be chosen solely on the basis of training, experience, and other qualifications.
(C)
The administrator need not be licensed to practice law; and
(3)
The administrator may hire support staff and other personnel as necessary to properly discharge the duties assigned to the office to the extent allowed and as funds are appropriated by the General Assembly.
Amended by Act 2019, No. 315,§ 1302, eff. 7/24/2019.
Acts 1997, No. 788, § 17; 1997, No. 1341, § 17.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 87 - PUBLIC DEFENDERS (§§ 16-87-101 — 16-87-307) › Subchapter 2 - ARKANSAS PUBLIC DEFENDER COMMISSION (§§ 16-87-201 — 16-87-218) › Section 16-87-217 - Recovery of fees owed

(a)
(1)
The State of Arkansas and the county may file a civil action for recovery of money expended in the representation of a person who is determined by a court not to have been indigent at the time expenditures were made.
(2)
Suit shall be brought within three (3) years after the date a certificate of indigency is filed.
(b)
(1)
The State of Arkansas also shall recover any fees owed or money expended in the representation of a person who is determined by a court not to have been indigent at the time expenditures were made by attaching a lien to the person's legal settlements or favorable verdicts, lottery winnings, or any moneys or property forfeited by the state.
(2)
To effectuate a lien under subdivision (b)(1) of this section, a public defender shall file a notice of the lien setting forth services rendered to the person and a claim for reasonable value of the services with the clerk of the circuit court not later than ten (10) days after the disposition of the case.
(3)
The person named in the notice of the lien shall be served personally with a copy of the lien in court immediately at the end of the trial court proceedings.
(4)
The circuit court shall determine whether all or any part of the lien shall be allowed.
(c)
In the event that a circuit court, county court, or district court renders a judgment for recovery of money in a civil action as described in this section, the Arkansas Public Defender Commission may file a claim for a setoff of the judgment amount against the person's state income tax refund as a claimant agency authorized under §
26-36-301
et seq.
(d)
This section does not prohibit the commission from filing a claim for a setoff against a person's state income tax refund as a claimant agency authorized under §
26-36-301
et seq. to recover the fee provided for under §
16-87-213(b)
or a judgment provided in §
16-87-218
.
Amended by Act 2015, No. 893,§ 1, eff. 7/22/2015.
Added by Act 2013, No. 961,§ 2, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 87 - PUBLIC DEFENDERS (§§ 16-87-101 — 16-87-307) › Subchapter 3 - FUNDING (§§ 16-87-301 — 16-87-307) › Section 16-87-301 - Transition to state funding

(a)
It is the intent of the General Assembly in the transition to a state-funded public defender system to provide an appropriate and adequate level of legal representation to indigent persons in all areas of the state. It is recognized by the General Assembly that in many areas of the state, resources have not been available to support a public defender system at the necessary level. It is also recognized, however, that in other areas, a system has been developed which is appropriately and successfully serving indigent persons and the justice system. With the transition from local funding of the system to state funding of the system, it is not the intent of the General Assembly to adversely affect those systems which are working well or to put in place a system which is too inflexible to respond to local needs or restrictions.
(b)
In its administration of the system, therefore, the Arkansas Public Defender Commission is charged with the authority and responsibility to establish and maintain a system of public defenders which equitably serves all areas of the state, provides quality representation, makes prudent use of state resources, and works with others in the justice system at the state and local level to provide an appropriate level of legal services to indigent persons in our state.
Acts 1997, No. 788, § 23; 1997, No. 1341, § 23.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 87 - PUBLIC DEFENDERS (§§ 16-87-101 — 16-87-307) › Subchapter 3 - FUNDING (§§ 16-87-301 — 16-87-307) › Section 16-87-302 - Funding of public defenders

(a)
The Arkansas Public Defender Commission shall be responsible for the payment of the following:
(1)
The salaries of public defenders;
(2)
The salaries of secretaries and other support staff of the public defender's office; and
(3)
The payment of the costs of certain expenses, as authorized by §
16-87-212
.
(b)
Each county or counties within a judicial district shall be responsible for the payment of the following:
(1)
(A)
The cost of facilities, equipment, supplies, and other office expenses necessary to the effective and efficient operation of the public defender's office.
(B)
Funding for these expenditures may be from:
(i)
A county administration of justice fund;
(ii)
A county's general fund;
(iii)
A county's public defender fund;
(iv)
A county's indigent defense fund;
(v)
A county's public defender investigator fund; or
(vi)
Any other fund authorized by law for that purpose.
(C)
These expenditures shall comply with an itemized, line-item budget appropriated by the quorum court; and
(2)
The compensation of additional personnel within the office of the public defender, when approved in advance by the quorum court.
Acts 1997, No. 788, § 12; 1997, No. 1341, § 12; 2001, No. 1799, § 8; 2011, No. 1201, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 87 - PUBLIC DEFENDERS (§§ 16-87-101 — 16-87-307) › Subchapter 3 - FUNDING (§§ 16-87-301 — 16-87-307) › Section 16-87-303 - Selection and qualifications of public defenders

(a)
Each person selected as a public defender shall be:
(1)
Licensed to practice law in the State of Arkansas; and
(2)
Experienced in the defense of criminal cases.
(b)
(1)
Any person interested in being considered for appointment as a public defender in a judicial district shall submit his or her name to the Arkansas Public Defender Commission.
(2)
(A)
The commission shall evaluate and submit up to three (3) names to the judges within the judicial district.
(B)
By majority vote, the judges will select one (1) of the candidates whose name was submitted by the commission as the public defender.
(C)
If one (1) of the candidates submitted does not receive a majority vote from the judges, then the commission shall select the public defender.
(c)
(1)
The public defender in each judicial district shall be appointed for a term of two (2) years and shall be removed by the commission before the expiration of his or her term only for just cause.
(2)
Just cause for removal shall consist of permanent physical or mental disability seriously interfering with the performance of duties, willful misconduct in office, willful and persistent failure to perform public defender duties, habitual intemperance, or conduct prejudicial to the administration of justice.
(d)
The public defender shall be eligible for reappointment.
(e)
Vacancies in the office shall be filled in the same manner as the initial appointment.
Acts 1997, No. 788, § 13; 1997, No. 1341, § 13; 2001, No. 1799, § 9.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 87 - PUBLIC DEFENDERS (§§ 16-87-101 — 16-87-307) › Subchapter 3 - FUNDING (§§ 16-87-301 — 16-87-307) › Section 16-87-304 - Distribution and placement of public defender positions

(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.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 87 - PUBLIC DEFENDERS (§§ 16-87-101 — 16-87-307) › Subchapter 3 - FUNDING (§§ 16-87-301 — 16-87-307) › Section 16-87-305 - Salaries of public defenders

(a)
The entry level salaries of public defenders and public defender staff positions shall be consistent with that established by the state pay plan for the appropriate grade of each position.
(b)
The public defenders and public defender staff positions shall be subject to the Uniform Attendance and Leave Policy Act, §
21-4-201
et seq.
Acts 1997, No. 788, § 15; 1997, No. 1341, § 15; 1999, No. 1488, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 87 - PUBLIC DEFENDERS (§§ 16-87-101 — 16-87-307) › Subchapter 3 - FUNDING (§§ 16-87-301 — 16-87-307) › Section 16-87-306 - Duties

The public defender in each judicial district shall have the following duties:
(1)
(A)
To defend indigents within the district as determined by the circuit, municipal, or juvenile courts in the district in all:
(i)
Felony, misdemeanor, juvenile, guardianship, and mental health cases;
(ii)
Traffic cases punishable by incarceration; and
(iii)
Contempt proceedings punishable by incarceration.
(B)
Except for juvenile representation in family in need of services cases, in no case may a public defender be appointed or the commission be responsible for payment where there is no risk of incarceration or loss of liberty; and
(2)
(A)
In all capital cases where the death penalty is sought, two (2) attorneys shall be appointed, unless the prosecuting attorney informs the circuit court at the arraignment of the defendant that the death penalty will not be sought.
(B)
The Capital, Conflicts, and Appellate Office of the Arkansas Public Defender Commission may be appointed, consistent with §
16-87-205
.
(C)
It should be presumed for purposes of this section that the death penalty will be sought.
Acts 1997, No. 788, § 16; 1997, No. 1341, § 16; 2001, No. 1799, § 11.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 87 - PUBLIC DEFENDERS (§§ 16-87-101 — 16-87-307) › Subchapter 3 - FUNDING (§§ 16-87-301 — 16-87-307) › Section 16-87-307 - Conflicts of interest

(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.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 88 - JURISDICTION AND VENUE (§§ 16-88-101 — 16-88-214) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-88-101 — 16-88-116) › Section 16-88-101 - Jurisdiction of courts for certain offenses generally

(a)
The jurisdiction of the various courts of this state for the trial of offenses shall be as follows:
(1)
The Senate shall have exclusive jurisdiction of impeachment;
(2)
The Supreme Court shall have general supervision and control over all inferior courts in criminal cases;
(3)
The circuit court shall have original jurisdiction, exclusive of the district court, for the trial of offenses defined as felonies by state law and shall have original jurisdiction concurrent with the district court for the trial of offenses defined as misdemeanors by state law; and
(4)
The district court shall have original jurisdiction, exclusive of the circuit court, for the trial of violations of ordinances of any town, city, or county within the territorial jurisdiction of the district court and shall have original jurisdiction concurrent with the circuit court for the trial of offenses defined as misdemeanors and violations by state law and committed within the territorial jurisdiction of the district court.
(b)
Where an indictment is found in the circuit court for an offense within its jurisdiction, the circuit court shall have jurisdiction of all the degrees of the offense and of all the offenses included in the one (1) charge, although some of those degrees or included offenses are within the exclusive jurisdiction of the district court.
(c)
A district court may issue arrest warrants and search warrants and may perform other pretrial functions, as authorized by the Arkansas Rules of Criminal Procedure, in the prosecution of a person for an offense within the exclusive jurisdiction of the circuit court.
Crim. Code, §;§; 10, 11; Acts 1871, No. 49, §; 1 [10], p. 255; C. & M. Dig., §; 2863; Pope's Dig., §; 3679; A.S.A. 1947, §;§; 43-1405, 43-1406; Acts 2003, No. 1185, §;§; 207, 208; 2007, No. 663, §; 53; 2009, No. 398, §; 1; 2011, No. 1218, §;§; 11, 12.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 6 - CRIMINAL PROCEDURE GENERALLY (§§ 16-80-101 — 16-102-102) › Chapter 88 - JURISDICTION AND VENUE (§§ 16-88-101 — 16-88-214) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-88-101 — 16-88-116) › Section 16-88-102 - Restraint of inferior courts

The circuit court of any county or the judge thereof, exercising jurisdiction in vacation, may by writ of prohibition restrain all other inferior courts in the limits of the county from exceeding their criminal jurisdiction.
Crim. Code, § 22; Acts 1903, No. 168, § 1, p. 325; C. & M. Dig., § 2884; Pope's Dig., § 3700; A.S.A. 1947, § 43-1425.