John Dan Kemp Sworn in As Chief Justice of the Supreme Court of Arkansas

Arkansas WINTER 2017

COURTA publication of the Arkansas Administrative Office of theNEWS Courts “Supporting Courts, Ensuring Justice” john dan kemp Sworn In as Chief Justice of the Supreme Court of Arkansas

IN THIS ISSUE FOCUS ON DATA PBS SPECIAL REPORT New Cover and Disposition Arkansas Judges Participate in Sheets Took Effect January 1 - National Listening Tour The ORJS Explains Why Hosted by PBS’s Tavis Smiley IN THIS ISSUE

AROUND THE Investiture JUDICIARY 2017

Chief Justice John Dan Kemp and Associate Justice Shawn A. Womack Sworn In on January 10, 3 2017

Featuring the fall 2016 Judicial Council meeting, the Arkansas Association of Court 6 Management, and more. Courting Justice

HANNAH A panel of Arkansas HONORED Judges participated in a national listening tour hosted by PBS host Tavis Smiley. 5 13

Chief Justice Hannah inducted into the Focus Warren E. Burger 8 Society. 7 on Data

The AOC rolls out a new set of cover sheets and disposition sheets. ARKANSAS COURT NEWS • WINTER 2017 IN THIS Investiture 2017 ISSUE NEW SUPREME COURT JUSTICES SWORN IN

“I BELIEVE OUR COMMUNITY NEEDS TO SEE GOOD PEOPLE Nearly three hundred onlookers watched as Retired Supreme WORKING Court Justice Jack Holt administered the Oath of Office to John Dan Kemp on January 10, 2017. In addition to friends and family, the Courtroom and two additional streaming rooms overflowed with WELL retired justices, Court of Appeals judges, circuit judges, district judges, and legislators, as well as Secretary of State Mark Martin and Attorney General Leslie Rutledge. Chief Justice Kemp suc- TOGETHER ON ceeded Chief Justice Howard Brill, who was appointed by Governor Hutchinson in 2015.

SOMETHING The newly sworn Chief Justice was robed by his daughter before taking his seat for the next eight years in the middle of the bench. Chief Justice Kemp then gave his first formal address, where he THAT spoke of the commonality shared by the members of the judiciary, including the sincere desire to do right by the Arkansas voters. “The weight of this robe serves to remind me of the significance of MATTERS TO this high court’s decisions,” he stated. Chief Justice Kemp also ex- pressed his commitment to the administrative duties of the Chief Justice, to improving drug and juvenile courts, further advance- THEIR LIVES.” ment of court automation, and providing support to those working within the criminal justice system. -CHIEF JUSTICE The Chief Justice shared the investiture with Associate Justice JOHN DAN KEMP Shawn Womack, of Mountain Home, who was sworn in after the Chief Justice’s address to Position 2 on the Court. Justice Womack was presented by Commissioner Johnny Key and robed by fellow Associate Justice Rhonda Wood. ARKANSAS COURT NEWS • WINTER 2017 Investiture 2017 PHOTOS FROM THE EVENT

Photos Courtesy of Arkansas Secretary of State Mark Martin ARKANSAS COURT NEWS • WINTER 2017

Chief Justice John Dan Kemp, Circuit Judge Carlton Jones, PBS Host Tavis Smiley, District Judge Kim Bridgeforth, Circuit Judge Wiley Branton, Jr. and D.C. Court of Appeals Chief Judge Eric T. Washington. COURTING JUSTICE ARKANSAS JUDGES SELECTED TO PARTICIPATE IN PBS TOWN HALL SPECIAL

On the day after the two candidates for the traveling to Little Rock and concluding in nation’s highest political office stood face Cleveland. An effort of the Community to face with voters in the final presidential Engagement in the State Courts initiative, debate, national attention turned to the program responds to a recent study another type of town hall. This one took conducted by the National Center for State place in a cozier venue, the Ron Robinson Courts which found that only 32 percent of Theatre in Little Rock, where PBS host Tavis African Americans believe that the justice Smiley gathered with four Arkansas judges system provides equal justice to all. The for the second installment of his “Courting listening tour was designed to open a Justice” national listening tour. dialogue between a panel of judges and a studio audience consisting of members Arkansas was selected as one of only of the communities in which they serve. three stops on Smiley’s national listening “This frank discussion is unprecedented,” tour, which opened in Los Angelos before stated Smiley, who serves on the board of

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“COURTING JUSTICE” ...CONTINUED.

Circuit Judge Carlton Jones responds to an audience member’s question as Chief Justice-Elect Kemp, District Judge Bridgeforth and Circuit Judge Branton look on.

the initiative. “Securing the public’s was critical at this particular moment recognition that efforts in the past trust in our judicial system is in history. “When you see the police to connect with those communities fundamental to our democracy.” involved shootings and the public had been unsuccessful.” Chief Judge response to those...the Conference Washington is a past president of Chief Judge Eric T. Washington of of Chief Justices, a body on which I the Conference of Chief Justices the District of Columbia Court of serve which includes the top Chief (CCJ), and serves as chair of the Appeals, who was heavily involved in Justices of every state Supreme Community Engagement in the developing the program, explained Court in the country, their concern State Courts initiative. at the outset that a listening tour was raised by these events and the “Securing the public’s trust in our judicial system is fundamental to our democracy.”

The panelists from the Arkansas of Arkansas-based social justice, For those who have not yet had the installment of the program advocacy, faith and small business opportunity to view the program, included Circuit Judge and Chief organizations, in addition to local which aired on October 10, the Justice John Dan Kemp, Circuit court and bar leadership. Among entire six-part series is available for Judge Wiley Branton Jr., Circuit the issues that were discussed, the streaming online at the following Judge Carton Jones, and District judges addressed public concerns location: Judge Kim Bridgeforth. After a over debtors’ prisons, juvenile brief introduction by Smiley, the system reform, implicit bias, and http://www.pbs.org/wnet/ panelist judges answered questions criminalization in Arkansas schools. tavissmiley/interviews/courting- directed to them by representatives justice-pt-1/# 4 ARKANSAS COURT NEWS • WINTER 2017 new cover sheets took effect january 1 THE OFFICE OF RESEARCH AND JUSTICE STATISTICS ROLLS OUT NEW COVER SHEETS DESIGNED TO ENHANCE ACCURACY AND EFFECIENCY OF DATA QUALITY REPORTING

in 2015, or that Monroe county had the highest number of felony weapon charges in the state, at 10.8 per 10,000 people.

Of course, in order to actu- ally make decisions based on that data, there must be confidence that the data is accurate. To that end, the Office of Research and Justice Statistics is constantly working to reduce the instances of data reporting errors. It reviews and ensures that the case management system’s inputs are logical to users, and has recently begun incentivizing accurate reporting by awarding Data Quality Awards to courts inputting the fewest errors. The new cover sheets are the ORJS’s latest innova- Case information cover sheets There is a real challenge for court tion aimed at enhanced data quality. have become a routine practice of managers to maintain a culture of filing cases in Arkansas. However, trust in the data by creating confi- “There are several reasons the whether one has filled out a cover dence in its accuracy. cover sheets are being updated at sheet as an attorney, received and this point,” explained ORJS Director recorded the contents as a clerk, The data collected by the Diane Robinson, architect of the or simply heard the words “data AOC is used for a variety of pur- state’s data quality program. “First, quality” in casual conversation, most poses, including responding to and most obviously, court pro- have not likely given serious thought data requests from courts and the cesses have changed with advanc- to the purpose of the cover sheets, public and helping courts effectively ing technology. Where at one point or why they are so important as to manage caseloads. The data helps the primary purpose of the cover be required with each new filing. the AOC to identify, for example, sheet was for the clerk to send sta- Now that the AOC has rolled out a which counties in Arkansas have the tistical information to the AOC, the brand new set of cover sheets, the highest numbers of certain types of purpose has changed to assist the use of which became mandatory on offenses and convictions. It helps us clerk quickly and accurately enter January 1, 2017, we caught up with determine trends over time. Outside information into Contexte. As more the Office of Research and Justice organizations can also use this data courts use Contexte in everyday Statistics to answer one simple to identify problem areas within the practice, and more members of the question: why are cover sheets so state, and explore further to deter- public rely upon Court Connect, important? mine causes and develop solutions. speedy and accurate entry has become more important than ever.” Cover sheets are crucial to In the past few issues of the one of the most important func- Arkansas Court News, the ORJS has The new cover sheets feature tions of the Administrative Office provided snapshots of the data it increased identifiers, primarily to of the Courts (AOC) - to collect and has been able to interpret from help with data exchanges with manage data from all state courts. the information being entered other agencies, including ACIC, While it may be broadly acknowl- into Contexte. It is largely thanks drivers’ services, OCSE and vital eged that data collection is neces- to the information entered in the records. It is essential in a criminal sary to manage and improve court cover sheets that we know that Van case to identify the correct person function across the state, data must Buren and Stone counties had the for warrants and to ensure that also be reliable in order to be useful. largest foreclosure filings per capita Continued on Page 6... 5 ARKANSAS COURT NEWS • WINTER 2017

COVER SHEETS (CONTINUED)... conviction information is involve minors and how many website. Cases open prior to transmitted to the ACIC. It is also involve incapacitated adults. By January 1 will keep the same important for courts to know if having separate case types for case type, but new cases cannot a defendant has cases in more “guardianship – juvenile” and be filed with an obsolete case than one jurisdiction, and this “guardianship – adult,” we will be type after that date. For those is only possible if the defendant able to collect accurate data in e-filing, the cover sheet and is accurately identified in each the future. disposition sheet will need to be court. e-filed. As of January 1, changes Another substantial change is to Contexte to be consistent with In addition to the increased that disposition information the new case types and data identifiers, some case types is no longer located at the collection will be implemented. have changed to eliminate bottom of the cover sheet, but those that are rarely used, and rather on a separate form. This In addition to the new cover to be consistent with national change is designed to help the sheets, the AOC has produced standards. Other case types court clearly communicate the a reference guide for all case have been added to help the outcome of a case with the types, manners of filing, and AOC more accurately track clerk. This is necessary to ensure manners of disposition in cases. Guardianship cases that clerks are not put in the Arkansas. In 2012, the AOC provide a good example of position of needing to construe contracted with the National how these changes will allow the outcome of the case from Center for State Courts to initiate the AOC to provide better the Order and to ensure that a comprehensive Data Quality information to the courts and appropriate information is being Project. As part of that ongoing to the public. Courts in different collected for data exchanges project, Robinson authored the parts of the state have different with other agencies. It will be “Arkansas State Court Guide practices regarding the closing the judge’s decision who should to Statistical Reporting.” The of guardianship cases. Because complete the disposition sheet, Guide is the official model and of this, it is impossible to have but typically the responsibility framework for the collection an accurate count of how will fall to the attorney for the and reporting of case-related many guardianship cases are prevailing party. data from all circuit courts in active in the state, and how Arkansas. Sections will be added that might vary around the All cover and disposition sheets in the future for district and state. At this time, we cannot are now available as fillable appellate courts. The Guide is report how many guardianships forms on the Arkansas Judiciary designed to be consistent with the National Center for State NEW COVER SHEETS Courts’ Court Statistics Project CIVIL Guidelines to enhance uniform CRIMINAL and consistent comparison and CRIMINAL - DEFENDANT APPEAL AND POST CONVICTION RELIEF reporting of statistics not only DOMESTIC within Arkansas, but also with PROBATE other states. JUVENILE DN & FNS JUVENILE DELINQUENCY AND EJJ The new cover and disposition sheets are available here, along with the Arkansas State Guide to NEW DISPOSITION SHEETS Statistical Reporting. The AOC CIVIL is providing web-based training DOMESTIC to court clerks on the new cover PROBATE and disposition sheets, but JUVENILE - DELINQUENCY OR EJJ ADJUICATION anyone with questions about the JUVENILE - DELINQUENCY PROBATION OR AFTERCARE VIOLATION JUVENILE - EJJ REVIEW HEARING OR DYS RELEASE HEARING new processes is encouraged to JUVENILE - DEPENDENCY-NEGLECT ADJUDICATION contact the Office of Research JUVENILE - DEPENDENCY-NEGLECT DISPOSITION FOR TPR/ and Justice Statistics (ORJShelp@ ADOPTION/GUARDIANSHIP arcourts.gov) for more JUVENILE - FINS DISPOSITION information. ARKANSAS COURT NEWS • WINTER 2017 2016 Fall Judicial Council Meeting

Chief Justice Brill congratulates 2016-2017 Judicial Council President, Hon. David Guthrie of El Dorado the last time as President. Following her address, Judge McGowan was presented with a placque for her service. She then transferred her duties to Hon. David Guthrie, Judicial Council met at the Embassy Suites in who was selected as President for the 2016- Rogers from October 12-14. In addition to 2017 year. Judge Guthrie is a circuit judge attending designated committee meetings, for the Thirteenth Judicial Circuit in El Dorado, members attended educational sessions Arkansas. on domestic violence cases, cyber crimes, handling self-represented litigants, EJJ/Transfer Pictured below: Current Judicial Council hearings, cultural competency and more. Officers and Board of Directors (L-R): Hon. David Guthrie, Hon. Carlton Jones, Hon. David A lunchtime business meeting was held McCormick, Hon. Barbara Halsey, Hon. Leon on October 13, during which Judge Mary Johnson, Hon. Mike Medlock, Hon. Herbert Wright, Hon. Rita Gruber, Hon. James Cox, Hon. McGowan addressed Judicial Council for Mary McGowan, Hon. Gary Arnold.

2016-2017 Judicial Council Officers and Board of Directors ARKANSAS COURT NEWS •WINTER 2017 CHIEF JUSTICE HANNAH HONORED

Pat Hannah, wife of Chief Justice Hannah, accepts the award on his behalf.

The Warren E. Burger Society serving as Chair of the NCSC CHIEF JUSTICE HANNAH was formed upon the celebration Board of Directors, President of of the twenty-fifth anniversary the Conference of Chief Justices, WAS INDUCTED INTO THE of the National Center for State and President of the State Justice WARREN E. BURGER SOCIETY Courts in 1996. The society honor Institute. individuals who have demonstrated DURING THE NATIONAL exceptional service to the National Chief Justice Hannah’s membership CENTER FOR STATE COURTS’ Center, and demonstrated an into the Burger society was ANNUAL RECOGNITION exemplary committment to commemorated by a limited edition improving the administration of portrait of Chief Justice Burger, LUNCHEON IN NOVEMBER. justices. Chief Justice Hannah which was commissioned by Texas embodied the spirit of the Society, attorney Charles Noteboom. For the first time, in November, the State Justice Institute’s Warren E. Burger society inducted a member posthumously. On November 17, 2016, members inducted Chief Justice Hannah into the society in recognition of his service of time, talent and support to the National Center of State Courts. 18 members of Chief Justice Hannah’s family attended the luncheon to accept the honor on his behalf. 18 Members of Chief Justice Hannah’s family attended the luncheon in his honor. 8 2 ARKANSAS COURT NEWS • WINTER 2017

NEWLY FORMED ARKANSAS ASSOCIATION OF COURT MANAGEMENT HOLDS LEADERSHIP PROGRAM

Around this time last year, the Arkansas Association of Court In addition to NACM benefits, the Arkansas Association aims Management (AACM) filed its Articles of Incorporation, joining to provide more local and accessible professional develop- progressive states such as Michigan and Pennsylvania in ment opportunities in Arkansas. The first of these opportu- establishing a local organization intended to enrich its court nities was a leadership seminar at the Crown Plaza in Little managers’ professional education and experience. The AACM Rock on December 5. Over 50 court managers from around aims to provide opportunities for professional growth and de- the state attended the event, which was led by NACM Board velopment to members, to create a space for diologue about members. Jeff Chapple, Court Administrator from the O’Fal- innovoations and challenges and to partner with other profes- lon, Missouri Municipal Court led a seminar on strengthening sionals working to improve the Justice System in Arkansas. Court professionals, and Kathryn Griffin, Court Administrator from St. Joseph, Michigan discussed the Core Competencies Arkansas Court Managers previously had access to profes- which make up the purposes and responsibilites of courts. sional development through educational seminars, training programs and conferences as members of the National The Association’s 2017 Board Members were elected in Association of Court Managers (NACM). However, there March of 2016, and its members include Vice President Jen- are additional benefits specific to members of the Arkansas nifer Lopez-Jones, Secretary Dawn Thompson, Treasurer Vicki Association. ”The Association brings together court employees Evans, region One Director Belinda Penn, Region Two Direcor from all levels to learn from each other and chart ways to Polly Leimburg, Region Three Director Kim Dodson, Region improve the administration of justice in our state,” explained Four Director Cindy Hunty, Region Five Director Carla Wooley, Marty Sullivan, AOC Judicial Education Director and Presi- and Region Six Director Karen Cobb. dent of the AACM. “By being a member, you’re entitled to a discounted membership to the National Association of Court The next meeting of the AACM is scheduled for May 18, 2017, Management, which is the nation’s premier court manage- and will be held prior to the start of the Trial Court Adminis- ment association. This discounted membership gives you trator’s conference in Little Rock. Those interested in joining access to research, resources and up-to-date publications on the AACM should visit the Association’s website for more court issues and trends occurring throughout the country.” information. 9 2 ARKANSAS COURT NEWS • WINTER 2017 TAKING THE BENCH THE ARKANSAS JUDICIARY WELCOMES THIRTY-FIVE NEW JUDGES IN 2017

ARKANSAS SUPREME COURT JUSTICES

HON. JOHN DAN KEMP CHIEF JUSTICE

HON. SHAWN WOMACK AOC Director J.D. Gingerich welcomes circuit judges ASSOCIATE JUSTICE, POSITION 7 at New Judges Orientation on Dec. 7.

COURT OF APPEALS JUDGES HON. MIKE MURPHY DISTRICT JUDGES DISTRICT 2 HON. CHUCK BAKER HON. JACK BARKER HON. MARK KLAPPENBACH HON. DAVID BOLING DISTRICT 5 HON. THOMAS FOWLER HON. MELINDA FRENCH CIRCUIT JUDGES HON. DAVID GRAHAM HON. TONYA ALEXANDER HON. PHILLIP GREEN HON. SHANNON BLATT HON. CHRIS GRIFFIN HON. CHRIS CARNAHAN HON. PAULA JONES HON. ALEX GUYNN HON. DALE LIPSMEYER HON. MAUREEN HARROD HON. CLINTON MCGUE HON. GAIL INMAN-CAMPBELL HON. BRIAN MUELLER HON. RICHARD LUSBY HON. JACOB NEWTON HON. DON MCSPADDEN HON. JIM O’HERN HON. CHALK MITCHELL HON. MIKE SMITH HON. STEVEN PORCH HON. RAY SPRUELL HON. SPENCER SINGLETON MEREDITH SWEITZER RABSAMEN HON. E. DION WILSON HON. DANNY THRAILKILL Pat Hannah, wife of Chief Justice Hannah, accepts HON.the MANYA WOOD award on his behalf as presenters look on. What's New? Arkansas Court News is looking for stories! Do you know of an event, award, community service project or initiative we should cover? Contact Cara Fitzgerald, 10 Public Education Coordinator, with the 4-1-1! Email: [email protected] ARKANSAS COURT NEWS • WINTER 2017 AOC DIRECTOR INVITED TO SPEAK AT JUDICIAL COMMISSION CONFERENCE IN INDONESIA

DISTRICT JUDGES

Arkansas Administrative Development Program (UNDP) Wales, Australia, and Julien Office of the Courts Director, and funded by the European Anfrus, Member of the French J.D. Gingerich, was invited Union. Conseil d’Etat, which acts as to speak at the “International the Supreme Court on French Symposium on the Line Among many Indonesian and Judicial Ethics and Discipline between Legal Error and international participants, matters. Director Gingerich Misconduct of Judges” in Director Gingerich joined a discussed the role of state Jakarta, Indonesia in November. panel which included Maria N. judicial conduct commissions in Greenstein, Executive Director the United States and expanded The symposium was organized of the Alaska Commission on on cases in the United States by the Judicial Commission of Judicial Conduct, Margaret involving the doctrine of legal Indonesia with the cooperation Beazley of the Judicial error. of the United Nations Commission of the New South

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TRIAL ADVOCACY TRAINING FOR CHILD WELFARE ATTORNEYS

Arkansas attorneys who work on child to attorneys working in dependency/neglect dependency/neglect cases had the opportunity to situations. Participants were given a case to participate in a rigorous trial advocacy workshop study prior to the conference. They were then in early December. In conjunction with the provided group instruction on a particular National Institute of Trial Advocacy (“NITA”), aspect of a trial, for example, direct examination, the Administrative Office of the Courts’ Court and afterward split into seperate groups Improvement Program organized the three day to practice the skills they had learned on CALENDAR seminar which was held at the Crown Plaza in volunteer witnesses. NITA faculty consisting of Little Rock. prosecutors, public defenders, assistant attorneys general and litigators observed the simulations The workshop was offered free of charge to and administered immediate feedback to Parent Counsel and state contracted Guardians participants. Ad Litem thanks to federal grant funding through the Children’s Bureau. The Bureau CIP Director Carol Fletcher explained that provides a grant to each state judiciary that NITA trainings are widely accepted as a participates in the Court Improvement premier trial advocacy resource and therefore Program (CIP) to develop and implement the workshops are typically very costly. This recommendations to enhance the courts’ role in training provides dependency/neglect attorneys achieving the best possible outcome for children with crucial advocacy training they might not in dependency/neglect situations. Strategies otherwise have the resources to obtain, thereby include, for example, using computer techonogy, improving quailty of representation to provide improving timeliness and quality of hearings, better outcomes in child welfare cases. A final or as in this case, enchancing the quality of legal training will take place in 2017, after which representation. the AOC aims to have graduated every state employed GAL and Parent Counsel from the 12The December training was specifically tailored workshop. ARKANSAS COURT NEWS •WINTER 2017 ARKANSAS COURT NEWS • WINTER 2017 Rita Gruber Appointed Chief Judge OF THE COURT OF APPEALS Judge Rita W. Gruber, the new Chief Judge of the Arkansas Court of Appeals, was sworn in on January 3, 2017 by newly elected Chief Jus- tice Dan Kemp of the Supreme Court of Ar- kansas. Chief Judge Gruber was first elected to the Arkansas Court of Appeals in 2008 after serving for 18 years as a circuit judge in the Sixth Judicial District.

Chief Judge Gruber was appointed by Chief Justice Kemp and replaces Judge Robert Gladwin who completed his term as Chief Justice on December 31. 2016. Chief Judge Gruber graduated from UA Little Rock with a bachelor’s degree in 1973 and received her J.D. from the William H. Bowen School of Law, where she currently serves on the Leadership Advisory Board.

Chief Justice Kemp is confident in Chief Judge Gruber and has noted his “respect for her judicial abilities and administrative skills.” He commented that he “expects her to do an excellent job as a chief judge, and looks forward to working with her.” Chief Judge Gruber is the first female to serve as chief judge of the Arkansas Court of Appeals.

FEB/mar CALENDAR 2017

FEBRUARY

District Court Clerks Certification (Districts 1 & 2) 10 (Hot Springs, AR)

Court Officers Conference 23-24 (Springdale, AR)