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On behalf of the staff of the Administrative
Office of the Courts, I am pleased to present this report of the
activities of the Arkansas judiciary for the year 2000. This year
brought the prospect of fundamental changes to our state court system.
It is hoped that this overview and the remaining sections of this
Annual Report will be of value to the courts in assessing and preparing
for the impact of these changes and to those in the executive and
legislative branches as they conduct their deliberations.
Constitutional
Change
The revision of the restrictive and outdated judicial article found
in the state's 1874 Constitution finally came about in the year 2000
with the approval by the voters of Amendment 80. Previous attempts
to revise the whole state constitution, including its judicial provisions,
were rejected in 1970 and 1980 and two previous attempts to adopt
a separate judicial article also failed. During this time, several
single issue amendments affecting the judicial branch were approved,
including the creation of the Court of Appeals (1978), municipal court
jurisdiction (1986), judicial discipline (1988), juvenile courts (1988),
and the use of retired judges (1998). Despite the improvements which
each of these amendments brought, there remained a need for a comprehensive
revision of the structure of the court system.
The passage of Amendment 80 has created this change. Its provisions
include the unification of our state court structure by the combination
of law and equity jurisdiction into one circuit court and the merger
of several limited jurisdiction courts into one district court. A
change in the judicial selection method from partisan to nonpartisan
elections was also included.
The Arkansas Supreme Court created a special committee to assist the
Court with the review and implementation of the Amendment, which will
take place over the next five years.
Lawyer Assistance
Program
A new program designed to assist members of the legal profession
who suffer from physical or mental disabilities and, particularly,
alcohol and drug addiction, was created by the Supreme Court. Funding
for the Arkansas Lawyer Assistance Program will provide for the
hiring of a director, the establishment of an office, and the provision
of professional services to assist in the process of recovery. Changes
in the attorney and judicial disciplinary rules were also approved
to support privacy concerns required for a successful treatment
program.
Foreign Language
Interpretation
In 1999 the Administrative Office of the Courts was charged with
the responsibility of examining and certifying foreign language
interpreters who provide services to the state courts. Two levels
of certification were established with a basic requirement that
the interpreter complete a course and examination on ethics, court
procedure, and demonstrate a proficiency in the English language.
An advanced certification level requires successful passage of an
examination, developed and approved by the National Consortium of
Foreign Language Interpreters, in the substantive language of interpretation.
The first substantive examination in Spanish was given during 2000.
As a state with the second fastest rate of growth in Hispanic population
in the United States, it is expected that this program will grow
rapidly in the coming years.
Arkansas
Court Automation Project
A separate office outside of the automation staff of the Administrative
Office of the Courts was created in order to support a special project
to successfully implement an integrated court automation system.
The project will work under the guidance and direction of the Supreme
Court Committee on Automation.
Justice Building
Construction
After almost three years of design and construction, the Arkansas
Supreme Court assumed occupancy of the new addition to the Justice
Building on the State Capitol grounds. The new building features
a classical limestone facade and houses the chambers and conference
room of the Supreme Court, the Office of Professional Programs,
the Office of Professional Conduct and the Supreme Court Clerk.
A second phase of construction to completely renovate the original
Justice Building was also begun and will be completed in 2002.
Historical
Society
The Arkansas Supreme Court Historical Society, a new nonprofit organization
to foster research and education about the history of state courts,
was incorporated. The initial Board of Directors was selected and
the organization published its first journal and began the development
of historical displays for the museum areas of the new Justice Building
addition.
Elections/Appointments
The year 2000 was an election year and many new faces were added
to the court community.
At the Supreme Court, the appointed term of Justice Lavenski Smith
came to an end and longtime Chancery Judge Jim Hannah was elected
to fill the position.
The Court of
Appeals experienced several changes. Judge Judith Rogers retired
after many years at both the trial and appellate bench. Judge Max
Koonce was appointed to finish the term and then former Municipal
Judge Larry Vaught was elected to fill the position. Former Juvenile
Judge Karen Baker was elected to the position previously held by
Judge Margaret Meads.
One new trial court position was created during the year in the
Fifth Judicial District and Judge Dennis Sutterfield was elected.
In the First Judicial District, the retirement of Judge Samuel Turner
brought about the election of Judge Victor Hill. The election of
trial judges to the appellate bench brought about the appointments
of Judge Darrell Hickman in the Seventeenth Judicial District and
Judge Mike Maggio in the Twentieth Judicial District. In the Sixth
Judicial District, the vacancy created by Judge Morris Thompson's
departure caused the interim appointment of Judge Leon Johnson,
followed by the election of Judge Willard Proctor to the position.
In the Fourth Judicial District, the retirement of longtime Chancellor
John Lineberger was filled by the election of Judge Mark Lindsay.
The unprecedented death of two sitting trial judges occurred during
the year. In the Fourth Judicial District, Judge Mike Mashburn was
elected to fill the seat created by the death of Judge Tom Butt.
In the Nineteenth Judicial District, Judge Xollie Duncan was appointed
to complete the term after the death of Judge Oliver Adams.
These events represent only a small sample of the activities which
took place within the Arkansas judiciary during the year 2000. Each
of them represents an attempt by judicial, legislative, and/or executive
officials to improve the quality of our state court system. The
Administrative Office of the Courts is pleased to have been a part
of that process. It is hoped that this publication will aid future
improvements for the years to come.
James D. Gingerich
Director
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