IN RE: ADOPTION of REPORTING FORM for
SPEEDY-TRIAL DISMISSALS
and OTHER DISPOSITIONS;
AMENDMENT TO ADMINISTRATIVE ORDER NUMBER 8
___ S.W.3d ___
Supreme Court of Arkansas
Opinion delivered April 27, 2000
Per Curiam. On January 20, 2000, we published for comment a proposed reporting form to collect statistics on acquittals, dismissals, and related dispositions. We remarked that the Court is especially interested in the collection of information concerning the termination of cases because of the speedy-trial rule.
We have reviewed the comments which were submitted and thank those who took the time to make suggestions. After reviewing these comments, we have made several modifications to the form. It now provides for the signature of the judge, the date of the arrest, and the filing date of the information. Lastly, the prosecutor will be responsible for completion of the form. We adopt the Reporting Form for Defense-Related Dispositions in the format as set out below.
Additionally, we amend Section III.a of Administrative Order Number 8 by adding a new paragraph at the end of this section, which reads as follows:
Where the case is dismissed or nolle prossed because of the speedy-trial rule, the case is transferred, or the defendant is acquitted, the office of the prosecutingattorney shall be responsible for completion of the Reporting Form for Defense-Related Dispositions 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.
As amended, Section III.a of Administrative Order Number 8 is republished.
The Reporting Form and the amendment to Administrative Order Number 8 shall be effective as of July 1, 2000, and the form must be completed for all applicable dispositions on or after that date.
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 office of the prosecuting attorney shall beresponsible for completion of the Reporting Form for Defense-Related Dispositions 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. . . . .
REPORTING FORM FOR
DEFENSE-RELATED DISPOSITIONS
[See Administrative Order Number 8, Section III (a)]
IN THE __________________ COURT OF ________________ COUNTY, ARKANSAS
_______________ DIVISION
State of Arkansas CASE NUMBER _______________
v.
________________________ ENTRY DATE _______________
(Defendant's Full Name)
Arrest Tracking #: ___________________ SID # ________________________
___________________ _____________________________
(Date of Arrest) (Date Information Filed)
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 _____
This Form was submitted by: ________________________________________________
(Signature of Prosecuting Attorney)
____________________________________________
(Circuit Judge)
I certify this is a true and correct record of this Court.
Date: __________ Circuit Clerk/Deputy: _________________________________________