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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. 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. 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 so that the same judge can 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.
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