IN RE: PROPOSED REPORTING FORM for SPEEDY-TRIAL DISMISSALS and Other Dispositions; Administrative Order Number 8

___ S.W.3d ___

Supreme Court of Arkansas

Delivered January 20, 2000

Per Curiam. Administrative Order Number 8 provides for reporting forms to facilitate the gathering of statistical case data. These forms include the Judgment and Disposition Order and the Judgment and Commitment Order, neither of which provide for the collection of information related to acquittals, dismissals, or related dispositions. The Court is especially interested in the collection of information concerning the termination of cases because of the speedy-trial rule, but such information is not readily available. Consequently, in order to collect such information, it is presently necessary to manually review files.

To correct this situation, we directed the Administrative Office of the Courts to prepare a new form which bears the heading, "Reporting Form for Defense-Related Dispositions." This form and proposed language to amend Section (III .a) of Administrative Order Number 8 are published below for comment from the bench and bar.

Comments should be made in writing prior to March 17, 2000, and they should be addressed to:

Attn: Administrative Order Number 8 Reporting Form

Justice Building

625 Marshall Street

Little Rock, Arkansas 72201

ADMINISTRATIVE ORDER NUMBER 8 -- FORMS FOR REPORTING CASE INFORMATION IN ALL ARKANSAS TRIAL COURTS

. . . .

Section III. Procedure.

a. Criminal cases. The office of the prosecuting attorney shall be responsible for completion of the criminal information form and for filing it in the Office of the Circuit Clerk who shall forward a copy to the AOC pursuant to SECTION II.b.

Upon conviction and sentencing to the Arkansas Department of Correction, the office of the prosecuting attorney shall be responsible for completion of the Judgment and Commitment Order. The Order shall be submitted to the circuit judge for signature and filed in the Office of the Circuit Clerk. The clerk shall forward a copy to the AOC pursuant to SECTION II.b and to counsel of record for the defendant.

Where the final disposition does not result in a commitment to the Arkansas Department of Correction but may include any of the following an order of probation, suspended imposition of sentence, commitment to the Department of Community Punishment or to the county jail, a fine, restitution, and/or court costs the office of the prosecuting attorney shall be responsible for completion of the Judgment and Disposition Order which shall be submitted to the circuit judge for signature and filed in the Office of the Circuit Clerk. The clerk shall forward a copy to the AOC pursuant to SECTION II.b and to counsel of record for the defendant.

Where the case is dismissed or nolle prossed because of the speedy-trial rule, the case is transferred, or the defendant is acquitted, the court's case coordinator shall be responsible for completion of the Reporting Form for Defense-Related Dispositions which shall be filed in the Office of the Circuit Clerk. The clerk shall forward a copy to the AOC pursuant to

SECTION II. b and to the prosecuting attorney and counsel of record for the defendant.

. . . .

REPORTING FORM FOR

DEFENSE-RELATED DISPOSITIONS

IN THE ___________________COURT OF ________________ COUNTY, ARKANSAS

_______________DIVISION

State of Arkansas CASE NUMBER ______________

v.

________________________ ENTRY DATE _______________

(Defendant's Full Name)

Arrest Tracking #: ___________________ SID # ____________

Count # _________ A.C.A. § _____________________________________________ _____________________________________________ _____________________________________________ _____________________________________________

[WHEN MULTIPLE COUNTS ARE INVOLVED, PLACE THE COUNT # (NOT "X" OR "_") ON THE LINE BELOW THAT APPLIES TO EACH COUNT]

Non-Trial _____ Bench Trial _____ Jury Trial _____

Acquitted _____ Acquitted because of Mental Defect _____

Transferred _____ Transferred to Juvenile Court _____

Dismissed with prejudice because of speedy-trial rule _____

Nolle prossed because of speedy-trial rule _____

Case Coordinator: _________________________

____________________________________

(Signature)

I certify this is a true and correct record of this Court.

Date: __________ Circuit Clerk/Deputy: _________________________________________