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The Arkansas Court of Appeals

Since its creation in 1978, the Arkansas Court of Appeals has worked with the Supreme Court to provide major relief for the tremendous increase in appeals which first challenged the Arkansas appellate court system during the 1970's. The number of appeals continued to grow at such a tremendous rate, however, that the Court of Appeals was no longer able to accommodate further increase. Legislation first adopted during the 1993 legislative session increased the Court of Appeals to twelve members from its current six members. Three new judges were added in 1996 and an additional three judges were added in 1997. The twelve member court sits in four, three-member panels and, when necessary, conducts en banc sessions with six judges.

The workload of the Court of Appeals is measured by the number of appeals, petitions, and motions considered by the Court during the fiscal year. The Court shared in the state's historic decrease in overall caseloads. Appeals filed during 1998-99 totaled 1,300 cases, a decrease of 12% from 1997-98. Appeal terminations for the year totaled 1,354 cases, a decrease of 11% from the last year. The increase in the number of judges on the Court has allowed the Court to dramatically decrease the size of the pending caseload. The number of cases pending dropped from 800 in 1996-97 to 761 in 1997-98 to 707 in 1998-99.

Workload is also measured by the number of majority opinions written by each judge. In 1998-99, each member of the Court of Appeals averaged a total of 82 majority, concurring and dissenting opinions.

The backlog of cases has, for several years, had a negative effect on the amount of time required to process a case through the Court of Appeals. The effect is greater in civil cases since criminal cases, by statute, are given priority. The increased size of the Court has begun to alleviate what had been a growing backlog of cases. During 1998-99, it required an average of 683 days to process a criminal case from its filing in the lower court through the decision on appeal. The average time to process a civil case was 744 days. A very small percentage of this time, however, is spent at the Court of Appeals level. Much of it is spent at the trial level and in the preparation of the trial court record. From the time a case is submitted to the Court of Appeals, a decision is handed down, on average, in 23 days for criminal cases and 29 days for civil cases.

The Arkansas Court of Appeals

Front Row (Left to Right): Judge Jo Hart, Judge John Pittman, Chief Judge John Robbins, Judge Terry Crabtree, Judge Margaret Meads, Judge John Stroud.
Back Row (Left to Right): Judge John Jennings, Judge Wendell Griffen, Judge Olly Neal, Judge Andree Roaf, Judge Sam Bird, Judge Judith Rogers.

Timeline

1978:  Amendment 58 empowered General Assembly to establish Court of Appeals
1979: Act 208 created Court of Appeals with six judges.
1993: Act 1085, Legislature doubled numbers on Court of Appeals
1995: Act 11 staggered Court of Appeals expansion.
1996: Three additional Court of Appeals Judges appointed.
1997: Three additional Court of Appeals Judges appointed, totalling twelve.

Court of Appeals Cases

Fiscal Year

Criminal Civil ESD Total
1996/1997 324 541 256 1,121
1997/1998 419 758 308 1,485
1998/1999 370 670 260 1,300

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