Arkansas Supreme Court Received a New Chief Council, Inc

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Arkansas Supreme Court Received a New Chief Council, Inc If you have issues viewing or accessing this file contact us at NCJRS.gov. , ,~E==-===:::::::::=~_"-'" .. "".'.-----'--~ .. ~_".'-~ ... -.'."""_ .... ~--..._~._ ~_~.;_ ~'~";'_." ,'---'-----C., .... --::.:::::::= ..... ~.. c:. :'~l'::C""";'C:"C='=,.".j.... :'" .I__ "~ ___ ~_ ---------- J: ' " .., • • • ~ -' National crim~,-t_ic_e_R_e_fe_r_e_n_c_e_s_e_rv_ic_e______ ---------:1·. • ... - .- • ~~-1 '• - nCJrs ::1 • -• I • I ; • .. -. This microfiche was produced from documents received for I -- inclusion in the NCJRS data base. Since NCJRS cannot exercise control over the physical condition of the documents submitted, ., I " .A ., ..,• A T .. ~ J I I the individual frame quality will vary. The resolution chart on , 1 - • • ... this frame may be used to eva!,yate the document quality. \ , ~.-,-;..~ :'-'- - . .::..:.. .... .....l.'-_'__ •. ~..:..~_._~... , •• "".:......:~ .........:.- i, I~' .~ . '. ~ - , ,' .. ! I -, :; 1I11I?·8 1111'2.5 • " 1.0 Ww ~3.2 22. '" nm3.6 "=- 1l1U~ &:.i Q :! Ug ... u L:.:t.::.u '1 111111.1 1/ ( ~ "'" 1.25 111111.4_ 111111.6 ,t I MICROCOPY PESOLUTION TEST CHART NATIONAL BUREAU OF STANDARDS-1963-A I ! ,,~ .... _ ·4'•. "\ ..... ,.:. '1 Microfilmingprocedures used to create this fiche comply with . ij; ·•.... 1 the standards set forth in 41CFR 101-11.504. .,I Points of view or opinions stated in this document are I' I those of the author(s) and do not represent the official I ! ' position or policies of the U. S. Department of Justice. " . ~- --,.-....,....,.,,- ... '-.,;.~-~, .,-;--.,..,..,~.1 I -II y- , .. o rN;:'ti~.i>aI I~~Jiut~ otJ~siic~-=jt:f~~ .. ~~~~,.. ~~~ ", •'" . United States Department of Justice .-._-.. _..... I Washington, D. C. 20531 f f 'I • • I, i I:, , · . /' STATE OF iKANSAS CHIEF JUSTICE Richard B. Adkisson JUDICIAL DEPARTMENT EXECUTIVE SECRETARY Bob Lowery JUSTICE BUILDING 371-2295 LITTLE ROCK 7220 I ~ 0 ru, n Honorable Richard B. Adkisson, Chief Justice Honorable Frank White, Governor and ru !J Members of the Seventy-Third General Assembly 1 Enclosed is the Sixteenth Annual Report (calendar year 1980) of the Arkansas Judicial Department., ~ 10 II Thanks is given to the untiring efforts of the various court i officials and the staff who assisted in collecting, analyzing, and [] 0 presenting this data. It is hoped that this report will be of benefi t in demonstrating some of the achievements of the Judicial Branch of our government while helping pinpoint areas of concern and need. The caseloads continue to rise dramatically at both the trial and appellate levels. This means that the citizens of Arkansas face longer waits for the trial and resolution of their disputes. It is this factor of delay that understandably causes the greatest discontent with the Judiciary and brings into sharp focus the time-honored truism that "justice delayed is justice denied". To meet the burgeoning rate of case filings and attendant delay, some obvious but not easy solutions appear: The number of judges in the courts can be significantly increased; the efficiency of the courts can be improved by the use of more modern equipment; U.S. Depart N . mentofJ and better administrative methods can be employed. This docUment h at/onallnstitute of J~:::~: 79 8 41 person or o~ . as been reprOd in this docu gaO/zation oriainatin ~ced exactly as re . Whatever avenue is taken, the people of Arkansa will have to represent th men~ ~re those of g It. Points of view ce/~~d from the JUstice. e offICIal POsition o;he ~~thors and d~ropmlonSstated expend more funds, perhaps as much as $2.50 or $3.0 of every polIcIes of the N . not neceSSarily atlonall . $1,000.00 spent by the State, instead of the t $1.60. Permission t nstltute of granted by 0 reprOduce this co . Arkansas J ".pyn~hted material has been UC~~C~a1 D epartment ~P~l_l~y~'~~~~1 to the National Crim' 1!"I'l1 JUStiCA R _ Further re ~ eference Servic sion of th:rodu~tiOIl outside f e (NCJRS). Bob Lo y cOPYright owner. 0 the NCJRS syste . Executive Secret m requires permis- BL/fw " 1 ________________________________________________________________________~ ______.. ____ .. ____ ..... u~ CAB.......................... ... --_... ~ --- , FOREWORD '1L The Arkansas Court System maintains separate (g) Cases pertammg to elections and election courts of law and equity. Judges of courts of law are proced ures; TABLE OF CONTENTS designated CircuitJ udges and those of courts of equity (h) Cases involving the discipline of attorneys-at­ are designated Chancellors. Circuit Judges are elected law and other cases arising under the power of to the bench by the voters of the respective judicial cir­ iii the Supreme Court to regulate the practice of FORI~~~:~e~i;~' ........................................................................ cuits every four years, and Chancellors are likewise iv law; Judicial Councii' i~~ .................................................................... iv elected to terms of six years. Continuing Judi~ial Ed~~~ti~~' C;~;s~' Li~t' ................................................ (i) Motions for rule on the clerk under Rule 5 of VI Generally speaking, Circuit Judges preside over Arkansas Judicial Department Organization~i 'I~h~~; ........................................ the Rules of the Supreme Court and Court of Arkansas Court System-Route of Appeal ........................................ ix civil and criminal cases and hear appeal~ from courts Appeals; and when the case in which the relief ................................................. X ?f limit~d ju.risdiction. Trial by jury is a matter of right is sought has not previously been docketed in I 111 the CIrCUit Courts. Chancellors hear cases involving the Court of Appeals and a transcript filed, THESupreme SUPREME Court COURT Time S~~~~;' ............................................................ I domestic relations matters, land disputes, reciprocal motions or petitions for writ of certiorari to Supreme Court Boards and c~~~it't~~~ .................................................. .. 4 support actions, and other cases where equitable relief complete the record and for admission to bail; Supreme Court and Court of Appeals St~ff ................................................ 6 is sought. Trial by jury is not available as a matter of Judicial Department Staff ................................................ right in Chancery Courts. Chancellors also serve as (j) Cases in which the current appeal is a second or Supreme Court Statistics ............................................................... 7 8 probate judges, hearing cases involving wills, guard­ subsequent appeal following an appeal which THE COURT OF APPEALS' ............................................................... ianships, adoptions, mental commitments, and other has been decided in the Supreme Court; Court of Appeals Statisti~s' .............................................................. 16 probate matters. 17 (k) Interlocutory appeals permitted by statute or GENERAL JURISDICTION C~'~~;~"""""""""""""""""""""" •••••••••••• Cases appealcd from the Circuit and Chanccry by the Arkansas Rules of Civil Procedure or of Statistical Tables. ..................................................... 25 Courts are taken to the Court of Appeals, with the Criminal Proccdure; Workload Graphs" .................................................................... 25 exception of the following types of cases which are 32 (I) Cases involving substantial questions as to Circuit, Chancery, ~~d' Pr~'ba't~ 'j~ci~~~ .................................................... appealed directly to the Supreme Court: Assignment of Judges .................................................... 37 usury; (a) Ail cases involving the interpretation or con­ Comparative Tables ................................................................... 39 (m) Products liability cases (Per Curiam 1/28{80); 39 struction of the Constitution of Arkansas; Trial Court Administ~~;i~·n· .............................................................. o 42 (n) Cases involving oil, gas or mineral rights Prosecuting Attorneys .............................................................. (b) Criminal cases in which the death penalty, life 43 Public Defenders .................................................................. imprisonment, or a cumulative sentence of 47 Appeal cases decided by the Court of Appeals may Statistical Tabi~ .................................................................... more than 30 years imprisonment has been not be appealed to the Supreme Court as a matter of Court Reporters .................................................................... 48 imposed; right, but the Supreme Court may grant certiorari for Clerks of the Co~~;s' .................................................................... 49 review or such decisions. Circuit Court Statisti~~ .................................................................. 50 (c) Cases, other than appeals from the Worker's Chancery Court Statisti'c~' ............................................................... 53 Compensation Commission or from the Board The Arkansas public is also served by courts of Probate Court Statistics ............................................................... 70 of Review created by the Employment Security limited jurisdiction, which are described later in this 84 Law, in which the validity, interpretation, con­ LIMITED JURISDICTION .~~.~~.;~ ........................................................ rcport. Perhaps the most important of these courts are struction or constitutionality
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