The general election of 2000 brought major change to the structure of the Arkansas court system with the adoption by Arkansas voters of Amendment 80, a new judicial article for the state constitution. These changes are being phased in over a five year period and will result in the unification of the courts of general and limited jurisdiction. Under this structure which was first created by the Arkansas Constitution of 1874, there are three tiers, each of which is separate and distinct in its jurisdiction, processes, and funding.

The top tier is made up of two appellate courts, the Supreme Court and the Court of Appeals. Parties are entitled, under the Arkansas Constitution, to one appeal which is taken either to the Supreme Court or Court of Appeals. The distribution of the cases between the two courts is established by Supreme Court Rule. Each court exercises jurisdiction over civil and criminal cases, with the Supreme Court hearing the more serious criminal cases and those civil cases which have constitutional implications. One of the major changes brought about by Amendment 80 is that these judges are now selected in non-partisan elections for an eight year term.

The second tier consists of the circuit courts, the new unified court of general jurisdiction. Prior to Amendment 80, Arkansas remained one of four states in the Union which maintained separate courts of law and equity. Amendment 80 abolished the chancery and probate courts and consolidated these courts into one "circuit court" in 2001. Pursuant to rules of the Supreme Court which were adopted in 2001, circuit courts are separated into five divisions for the purpose of management of cases. The divisions are civil, criminal, juvenile, domestic relations and probate. The civil division includes tort, contract, real estate matters and the issuance of injunctions. The domestic relations divisions hears divorce, custody, and paternity matters. Adoptions, guardianships and decedent estate cases are filed in the probate division. The juvenile division is assigned delinquency, abuse and neglect and families in need of services cases. There is a right to a jury trial in circuit court. With the changes brought about by Amendment 80, general jurisdiction judges are selected in non-partisan elections for a six-year term.

The last area of implementation for Amendment 80 is the third tier of Arkansas courts, the courts of limited jurisdiction. Through the year 2000 there were six different limited jurisdiction courts in Arkansas, each possessing somewhat overlapping jurisdiction. One of these courts, the court of common pleas, was abolished in 2001. The justice of the peace courts are, in practice, only historical in nature, with very few cases being reported. Likewise, the county courts maintain jurisdiction over only a few minor matters involving county taxes and county roads. The district courts, formerly the municipal courts, are the main courts of limited jurisdiction. These courts exercise county-wide jurisdiction over misdemeanor cases, preliminary felony cases, and civil cases in matters of less than $5,000. A small claims division of district court provides a forum in which citizens represent themselves to resolve minor civil matters. The city courts and police courts operate in smaller communities where district courts do not exist and exercise somewhat more limited jurisdiction. There is no right to a jury trial in any limited jurisdiction courts. Amendment 80 requires all of these courts to be consolidated into the district court by 2005. The process for this transition is currently being considered by the Supreme Court and the 2003 General Assembly.