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Arkansas Supreme Court Adopted the Rules R of Civil Procedure, Effective July I, 1979

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Arkansas Supreme Court Adopted the Rules R of Civil Procedure, Effective July I, 1979 If you have issues viewing or accessing this file contact us at NCJRS.gov. (' '8 Notional Criminal Justice Reference Service iiCjfS This microfiche was produced from documents received for I 1, inclusion in the NCJRS data base. Since NCJRS cannot exercise control over the physical condition of the documents submitted, the Individual frame quality will vary. The resolution chart on this frame may be used to evaluate the document quality. , ' .• :; ~III~ lll~ii. W 13,2 2.2 '1(........ , IIIII \.0 , . "'" . I~ 1-36 t i ~I;.i lAO IOiI - ..."' .... u \\\\\~ \\\\\~ \\\\\~ \\\\\~ \\\\\~ MICROCOPY RESOLUTION TEST CHART \ NATIONAL BUREAU OF STANOARDS·1963~A l I \ I " . ,J l\.1icrofilming procedures used to create this fiche comply with the standards set forth in 41CFR 101-11.504. Points of view or opinions stated in this document are those of the author{s) and do not represent the official position or policies of the U. S. Department of Justice. I' National Institute of Justice " ) United States Department of Justice Washington, D. C. 20531 ~---.--- I a SUPREME COURT OF ARKANSAS I I LITTLE ROCK 72201 ..lOH N A. FOG LE:MAN STATE OF ARKANSAS CHler Ju!lT'Ct: I CHIEF JUSTICIE I June 26, 19BO JOHN A. FOGL,EMAN_ JUDICIAL DEPARTMENT EXECUTIVE SECRETARY To the Honorable Bill Clinton, Governor and JIM PETTY JUSTICE BUILDING I I 501·37507001 Members of the Seventy-Third General Assembly: LITTLE ROCK 72201 Submitted herewith is the Fifteenth Annual Report of the Executive Secretary I I of the JUdicial Department of Arkansas. The Report includes court statistics for June 30, 1980 the year 1979 with comparative data for previous years whenever pussible. The activation of the Court of Appeals un July 1, 1979 eased the heavy I workload of the Supreme Court. Filings remained stable in 19'19, with 515 appeals 'ro the Honorable John A. Fogleman, The Chief Justice filed, compared to 516 appeals in 1978. The Supreme Court decided 4H4 appealu I and transferred 173 appeals to the Court of Appeals under Supreme Court Rule 29 I of the Supreme Court of Arkansas: during 1979. Backlog of pending cases was reduced by 142 cases, a b3.b percent, reduction, representing in part the assumption by the Court of Appeals of a portlun of the Court's workload. I '1'he Office of the Executive Secretary of the JUdicial Department submits herewith its Fifteenth Annual Report of the activities of the courts of Arkansas, The total of majority opinions handed down was 469, representing an average statistical data covering the calendar year 1979 and comparative data of previous of 67 per Justice. years. I The Supreme Court remains current; that is, prior to recess it disposes of all It is hoped that the contents of the Report will be of value to you in cases submitted which are ready for decision. making policy decisions as Administrative Director of the Arkansas Courts and of I I assistance to the executive and legislative branches of the government in their The Court of Appeals began its first six months of operation on July 1, 1979. deliberations. In addition to those 173 appeals transferred from the Supreme Court under Hule ;~9 .1 which were docketed in the Intermediate Appellate Court, 380 appeals from trial courts I Respectfully, of general jurisdiction and from review boards of various administrative agencies were filed from July 1 to December 31, of 1979. The new Court performed with commendable [ dedication in disposing of 239 cases; of those 2~~9, 13 appeals were transferred to I ~i?~tt: the Supreme Court under Rule 29. Three Hundred Fourteen (314) appeals remained Jim Petty .J pending at the end of the year. Executive Secretary ] For the six months' period, the total of majority op1n10n8 handed down was 203, I representing an average of 33.8 per Judge. Doubling th hs figut'e (33.8) to 67.6 opinions per Judge to achieve a hypothetical twelve months' period re~lects that .. the Court of Appeals, during its one-l~alf year of operatio!"l, was hand1ng down OplnH>rlG U.S. Department of Justice I National Institute of Justice 1 on a rate comparable to the Supreme Court's average of 6'7 opinions per JlH3tice per This document has been reproduced exactly as received from the calendar year. person or organization originating it. Points of view or opinions stated ~1< in this document are those of the authors and do not necessarily represent the official position or policies of the National Institute 01 1 The Supreme Court has amended the jurisdiction of the Court of Appeals under I Justice. Rule 29 since the original per cllriam order of May 14, 1979, establishing the Permission to reproduce this copyrighted material has been jurisdiction of the Court, was handed down. These ch~nges were,made i~ a~ u~te~pt granted by ] to equalize the workloads of both courts. F:II'ther adjustments 1n the Jur:-sdlctlon _ Jack Garrott .. I 1 of the appellate courts may be necessary to aehieve an equitable balance 1n the Arkansas JUdicial D.e.p...,.tuo.. __ NCJRS • easduads of the appellate level of our court system. to the National Criminal Justice Reference Service (NCJRS). J I I The impact of the Court of Appeals on the Supreme Court workload will not t Further reproduction outside of the NCJRS system requires permis­ Sion of the copyright owner. APR 9 1981 iii ACQUISrrIONfJ. I I k t, L I Page 2 TABLE OF CONTENTS be fully appreciated, however, until January of 1981, when the Court of Appeals ~ ~ I will ~lave completed its first full calendar year of operation, which will be reflected in the 1980 Annual Report. n ' FOREWORD1979" ... , ............ e ...•....•••........•.•..•...•••..•••..•..•.••••.•.•..•••••.•.• VI'I' In VI'I'I' J d' . 1ReVJew . ..... ,.. .. ............... I ........•.•• t ••••••••• I', •• , ••.. t ••••••••••••• Case filings in Circuit, Chancery, and Probate Courts continued to increase n I c!! IC.la .Councl!, .Inc ..•.....•.......................................•.......... I I • I I • I ••• viii in 1979. 86,428 casus were filed in those courts in 1979, compared to the 81,559 AOktlnulng Ju.dl.clal Education Course List .... I ••• I I •• I •• I I I • I •• I I I I I I ••• I I I • I I I • I I • I I I I I I. x Ark ansas Judlcml Department Organizational Chart .. ~ I I • I I • I ••• I • I • I I • I I I I I I I I I I •• I • I • I • I " xii record in 1978, reflectil~ an increaGe of 5.96 percent. The disposition of cases I' ansas Court System-Route of Appeal ............. I I •• I I I •• I I • I • I I I • I I I I I I • I • I I • I • I •• I xiii in those trial courttl uf general jurisdiction was greatly facilitated, however, L I THES SUPREME COURT al i •••• I.,. i ••••••• i't., 'I •••••••• 11 ••••• i. I •••••••••••••••••••••••• 1 by tha creation of new judgeships and the realignment of Judicial and Chancery , Circuits effective in January of 1979. Cases terminated in 1979 in Circuit and t T supreme Court Time Survey .. I •••• I ••• I ••••••• I •••• I •• I • I • I •• I •••••• I •• I • I I I •• I I I I I I •• I I I Chancery Courts was a record '16,453, a 15.8 percent increase over the 66,021 disposed L supreme Court Boards and Committees ...... I • I • I •••••••• I • I •••••••••• I I •• I I •• I • I I • I I I I I • 4 .L 6 of in 1978. Juudi~~::;~;O~,~tt;;~t ~~~t .of Appeals Staff ...... I •• I • I ••• I ••••••• I I • I ••• I •• I • I ••• I • I I I •• I • I • I •• I I •• I •• I •• I •••••• I • I ••• I I • I I I • I • I I I I •• I I I •••• I •••• 7 r", Supreme C~urt Statistics ... : ..... ••• I ••••••••••• I ••••••• , I •••••••• I' t ••••••••••••••••••••••••••• 8 Other notable achievements in 1979 and early 1980 were the publication of ...... THE COURT OF APPEALS Mudel Criminal Jury Instructions and the Arkansas Criminal Benchbook for trial L C fA .. I •••••••••• I •• I ••••• I ••••••••••••• , ••• , ••• I I •••• " I •••••••• I •••• 15 judges. A proposed Judicial Article prepared by the Judicial Article Task Force ourt 0 ppeals Statistics ... I ••••••••• I • I ••••••• i ••• , • , i ••• I ••• I • t •••••• i ••• i ••••••••• ,. 16 was presented to the Arkansas Constitutional Convention of 1979 for consideration "T' GENERAL JURISDICTION COURTS 23 Statistical Tables. .. .. .............. i •••• i •• I •••• t •• I ••••••••••••• I •••• I , • I • I' 23 by that body. L wl. W kl d G . I •••••••••••• I •••••••••••••••• i ••• I ••••• i ••••••••••• t •••••••••••• or oa raphs ......... I •• I 26 ,..,. Circuit, Chancery, and Probate J~d~~~'" ...... " I •••••• I •••••• I " •• I ••••••••••••• I ••••• " I 29 Assignment of Judges continues to be a very valuable asset in providing Assignnlent of Judges .. i ••••••••••••••• iii I •••••• i i •• I •• I I ••••• I ••• ,'. • • •• 31 temporary relief in meeting the problems of docket congestion and in .providing ~' •••••••• Ii •• , I ~ ••• I • i i •••••• I • , •••••••••••••• I ••• I I I • I • I •• t I I •••••• ..L Comparative Tables ... I • • • • • • • • • • • • • • 34 flexibility of administration. Tr'ial Court Administration . I ••••••••••••••• I ••• J I • I •••• I , •• , ••••••••••••••••• • i I I.' •••••••••• I •••••• I" I •••• I ••• I ••• I ••• II I •••••••••••• I ••••• 37 Prosecuting Attorneys 38 It is hoped that the report herewith submitted will give assistance to you Public DefenderR ... I • : : : : : : : : : : : • : •••••••••••••••• ~ I •••••• I ••••••• I ••• I ••••• , ••• I •• , t t •• 42 r Statistical Table I •••••• I I ••• I I •••••••• I •••• I I I ••• I •• - I ••••• I •••••••• I •• in further consideration of matters affecting th~ administration of justice in I ••• I ••• I" I ••••••••••• I •••• I ••••••••••••••• i ••••••••• ,. i •••• 1.1 •••••• 43 Court Reporters .................... Arkansas. Cl k f h C I ••••••••••• I I ••• I I ••••• I I •••••••••• I •••••• I" I •••• 44 1" er sot e ourts................
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