The "third branch" of
our state government is a non-unified court system, the result of the Arkansas
Constitution of 1874. This system consists of three tiers, each of which is separate and
distinct in its jurisdiction, processes, and funding. The top tier is made up of the
Supreme Court and the Court of Appeals. The Court of Appeals, created in 1978, was
established in order to relieve the state’s very heavy appellate caseload. Therefore,
parties in Arkansas are entitled to only 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. Judges on both courts are elected in partisan elections
for eight year terms.
The second tier consists of circuit, chancery and probate courts. Arkansas remains one
of three states in the Union which maintains separate courts of law and equity. Judges of
courts of law are called circuit judges and those of courts of equity are called
chancellors. In some areas of the state, circuit/chancery judgeships have been established
to serve both courts. Circuit courts have jurisdiction over criminal and civil matters and
appeals from limited jurisdiction courts. The right to trial by jury exists in circuit
court but not in chancery court. Chancery court jurisdiction includes divorce, child
custody, injunctions, and land disputes. The juvenile division of chancery court, staffed
by circuit/chancery or chancery judges, has jurisdiction over delinquency, abuse and
neglect, and families in need of services cases. Chancellors, sitting as judges of the
probate court, hear cases involving guardianships, civil commitments, adoptions, and
estates. All general jurisdiction judges run in partisan elections; circuit and
circuit/chancery judges for four year terms and chancery judges for six year terms.
Limited jurisdiction courts in Arkansas are of six types, each possessing somewhat
overlapping jurisdiction. The courts of common pleas and 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 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 municipal 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 municipal courts do
not exist and exercise somewhat more limited jurisdiction.
