Administrative Orders of the Supreme Court

Order 1. Special Judges

Section 1.

Rules text
When the judge of a circuit court shall fail to attend on any day scheduled for the holding of that court, or if such a judge is disqualified from presiding in any pending case, upon notice from the clerk of the court, the regular practicing attorneys attending the court may elect a special judge. The attorneys present in the courtroom shall elect one of their number as special judge. The election shall be conducted by the clerk of the court, who will accept nominations from the attorneys present. Only attorneys who are qualified to serve as special judge may vote in the election of a special judge. The election shall be by secret ballot. The attorney receiving a majority of the votes shall be declared elected as special judge. He shall immediately be sworn in by the clerk and shall immediately enter upon the duties of the office. He shall adjudicate those causes pending at the time of his election.

Section 2.

Rules text
When a special judge is to be elected, notice shall be given by the clerk of the court to the regular practicing attorneys in the county served by the court in the most practical manner in the circumstances, including giving notice by telephone or by posting the notice in a public and conspicuous place in the courtroom.

Section 3.

Rules text
No person who is not an attorney regularly engaged in the practice of law in the State of Arkansas and duly licensed and in good standing to do so, and who is not a resident possessed of the qualifications required of an elector of this state, whether registered to vote or not, shall be elected special judge.

Section 4.

Rules text
For purposes of this rule, each division of circuit court in a county shall be considered to be a separate court.

Section 5.

Rules text
The clerk of the court in the county in which the special judge election is held shall make a record of the proceedings, which shall be a part of the record of the court and shall be in substantially the following form:

IN THE CIRCUIT COURT OF ____________________________________________________ COUNTY, ARKANSAS

IN THE MATTER OF ______________________________________________________________ SPECIAL JUDGE

Now on this ________ day of ____________________, ______, the Honorable ______________________________, notified the clerk that he/she was unable to attend and preside over this court on this day. WHEREUPON, the Clerk gave notice pursuant to Administrative Order No. 1 that an election was to be held for a Special Judge to preside during the absence of said Judge.

AND THEREAFTER, the Honorable ____________________, an attorney at law, a resident of the State of Arkansas and possessing the required qualifications, having received a majority of the votes cast at such special election, at which only the practicing attorneys in attendance on the Court were allowed to vote, was found and declared to be duly elected Special Judge to preside during the absence of the Honorable ______________.

WHEREUPON, the Clerk did administer the oath of office required by law as such Special Judge and he/she assumed the bench and entered upon the discharge of his/her duties herein.

_______________________________________________________________________________

Clerk

OATH OF OFFICE

STATE OF ARKANSAS )

)

COUNTY OF __________ )

I, ______________________________________, do solemnly swear that I will support the Constitution of the United States and the Constitution of the State of Arkansas, and that I will faithfully discharge the duties of the office of Special Judge of Curcuit Court, _____________ Division, __________________________ County, upon which I am about to enter.

_______________________________________________________________________________

Special Judge

Witnesses

__________________________________________

__________________________________________

__________________________________________

Subscribed and sworn to before me this ________ day of ______ ________________, ______.

_______________________________________________________________________________

Circuit Clerk

By:

_______________________________________________________________________________

Deputy Clerk

History
History. Adopted December 21, 1987, effective March 14, 1988; amended May 24, 2001, effective July 1, 2001

 

Order 2. Dockets and Other Records

(a)  Docket. The clerk shall keep a book known as a "civil docket," designated by the prefix "CV"; a book known as a "probate docket," designated by the prefix "PR"; a book known as a "domestic relations docket," designated by the prefix "DR"; a book known as a "criminal docket," designated by the prefix "CR"; and a book known as a "juvenile docket," designated by the prefix "JV". Each action shall be entered in the appropriate docket book. Cases shall be assigned the letter prefix corresponding to that docket and a number in the order of filing. Beginning with the first case filed each year, cases shall be numbered consecutively in each docket category with the four digits of the current year, followed by a hyphen and the number assigned to the case, beginning with the number "1". For example: 

   criminal              CR2002-1 

   civil              CV2002-1 

   probate              PR2002-1 

   domestic relations               DR2002-1 

   juvenile              JV2002-1 

   All papers filed with the clerk, all process issued and returns thereon, all appearances, orders, verdicts and judgments shall be noted chronologically in the dockets and filed in the folio assigned to the action and shall be marked with its file number. These entries shall be brief, but shall show the nature of each paper filed or writ issued and the substance of each order or judgment of the court and of the returns showing execution of process. The entry of an order or judgment shall show the date the entry is made. Where there has been a demand for trial by jury it shall be shown on the docket along with the date upon which demand was made. In counties where the county clerk serves as the ex officio clerk of any division of the circuit court, the filing requirement for any pleading, paper, order, judgment, decree, or notice of appeal shall be satisfied when the document is filed with either the circuit clerk or the county clerk. 
    (b)  Judgments and Orders.  
    (1)  The clerk shall keep a judgment record book in which shall be kept a correct copy of every final judgment or appealable order, or order affecting title to or lien upon real or personal property, and any other order which the court may direct to be kept. 
    (2)  The clerk shall denote the date and time that a judgment, decree or order is filed by stamping or otherwise marking it with the date and time and the word "filed." A judgment, decree or order is entered when so stamped or marked by the clerk, irrespective of when it is recorded in the judgment record book. 
    (3)  If the clerk's office has a facsimile machine, the clerk shall accept facsimile transmission of a judgment, decree or order filed in such manner at the direction of the court. The clerk shall stamp or otherwise mark a facsimile copy as filed on the date and time that it is received on the clerk's facsimile machine during the regular hours of the clerk's office or, if received outside those hours, at the time the office opens on the next business day. The date stamped on the facsimile copy shall control all appeal-related deadlines pursuant to Rule 4 of the Arkansas Rules of Appellate Procedure - Civil. The original judgment, decree or order shall be substituted for the facsimile copy within fourteen days of transmission. 
    (4)  At any time that the clerk's office is not open for business, and upon an express finding of extraordinary circumstances set forth in an order, any judge may make any order effective immediately by signing it, noting the time and date thereon, and marking or stamping it "filed in open court." Any such order shall be filed with the clerk on the next day on which the clerk's office is open, and this filing date shall control all appeal-related deadlines pursuant to Rule 4 of the Arkansas Rules of Appellate Procedure - Civil. 
    (c)  Indices. Suitable indices of the civil, probate, domestic relations, criminal, and juvenile dockets and of every judgment or order referred to in Section (b) of this rule shall be kept by the clerk under the direction of the court. 
    (d)  Other Books and Records. The clerk shall also keep such other books and records as may be required by law and as directed by the Supreme Court. 
    (e)  Uniform Paper Size. All records prepared by the clerk shall be on 81/2" x 11" paper. 
    (f)  Clerk Defined. When used herein, the term clerk refers to the clerks of the various circuit courts of the state; provided, that in the event probate matters are required by law to be filed in the office of county clerk, then the term clerk shall also include the county clerk for this limited purpose. 

History. Adopted December 21, 1987, effective March 14, 1988; amended May 15, 1989; amended July 17, 1989; amended October 12, 1989; amended January 22, 1998; amended June 24, 1999; amended December 9, 1999, effective January 1, 2000; amended May 24, 2001, subsections (a)-(e) effective January 1, 2002, subsection  (f) effective July 1, 2001; amended March 13, 2003; amended February 10, 2005

Publisher's Notes. This order supersedes ARCP 79. 

The May 15, 1989 Per Curiam read: "In our per curiam order of December 19, 1988, we suspended our earlier order on the subject of doing away with the practice of abstracting the record for appeal and substituting a practice by which the parties would submit an appendix or appendices. We took that action because we wished to examine the possibility of changing from the use of legal size paper to letter size paper in all the courts, and we became aware that unless the changes occurred at the same time, appendices would likely be composed of paper of a different size from that of any brief we might permit to be filed, and that appendices might be composed of documents of varying paper sizes. The accompanying possible handling and storage problems made it seem a good idea to put off the changes until we had sought the recommendation of our Committee on Rules of Pleading, Practice, and Procedure (Civil). 

"We have now received a recommendation from the committee along with suggestions as to the rules which should be revised to accomplish the change in paper size. 

"In addition to the committee's recommendations, we have studied those submitted by lawyers, judges, law firms, and lawyers' associations submitted in response to our earlier request for comments on the basic rules we proposed for the purpose of moving to the system of appendices rather than abstracts. Many of those suggestions have been implemented in the amendments we publish today. 

"As we noted in our per curiam order of October 17, 1988, on this subject, we wish to have a trial period. These amendments will become effective this date; however, any case in which the appellant's brief is submitted or becomes due between now and December 31, 1989, may be presented in accordance with the rules in effect up until today. That will give this court sufficient time to observe the new practice. If we choose to retain the new system, we will be able to make that decision prior to the publication of the 1989 revision of the Rules Book which accompanies the Arkansas Code Annotated. The rules requiring appendices rather than abstracts may then be made permanent. 

"During the trial period an appellant will be in the position of choosing the manner in which the briefs will be presented. If the appellant chooses to present a brief with an appendix rather than an abstract, then the appellee will be required to proceed in accordance with the new rules. If the appellant chooses to work under the abstract system, the appellee will do so also. 

"While we may well decide, depending on the results of the trial period, to retain the abstracting practice, we will make permanent the changes with respect to paper size and doing away with printed briefs. Judges, clerks, lawyers, court reporters and others thus will have until January 1, 1990, to prepare to present all legal documents on 81/2" by 11" paper. 

"The purposes of these changes are to decrease the cost of appellate litigation, increase the ease and accuracy of the evaluation of cases at the appellate level, and provide uniformity as well as compatibility with the age of the word processor in the case of the paper size. We acknowledge and appreciate the comments we received from members of the bench and bar, and we count on continued cooperation as we evaluate the appendix system." 

The October 2, 1989 Per Curiam read: "By per curiam order of May 15, 1989, we published changes of court rules necessary to implement a system of appeals using appendices rather than abstracts of record. The order also provided for a change to a uniform 81/2" by 11" paper size to be used in all courts. The order provided that the changes with respect to paper size would come into effect January 1, 1990. The other changes having to do with using appendices rather than abstracts of record on appeal went into effect on May 15, 1989, but permitted an appellant to choose to follow the rules in effect until that date for cases in which the appellant's brief was submitted or became due between May 15, 1989, and December 31, 1989. 

"We have reviewed the appeals now ready for submission and those which will be ready prior to December 31, 1989. Most appellants have chosen to follow the old rules. We have concluded we will not be able to decide the relative merits of the two methods by the end of this year because we will have had too little experience with appendices. The trial period is, therefore, extended until July 15, 1990. Any case in which the appellant's brief is submitted or becomes due prior to July 15, 1990, may be presented in accordance with the rules in effect up until May 15, 1989. 

"The paper size changes are not affected by this order. All courts will begin using 81/2" by 11" paper no later than January 1, 1990." 

The June 10, 1991 Per Curiam read: "On and after August 1, 1991, all briefs submitted to the Supreme Court and the Court of Appeals will be accompanied by abstracts of record, as provided in Arkansas Supreme Court and Court of Appeals Rule 9. We will no longer accept briefs including appendices. 

"The Per Curiam Order by which we created a trial period for experimental changes in our Rules was issued May 15, 1989, entitled, "In re: Amendments to the Arkansas Rules of Civil Procedure, the Arkansas Rules of Appellate Procedure, the Arkansas Supreme Court Administrative Orders, the Rules of the Arkansas Supreme Court and Court of Appeals, and the Inferior Court Rules." In that Order we made it clear that the rules changes having to do with the appendix experiment were adopted on a trial basis but that the changes no longer allowing printed briefs and establishing uniform paper size were to be permanent. We hereby revoke the changes, other than those having to do with printed briefs and paper size, which provided for submitting appendices rather than abstracts. We retain the changes with respect to paper size. 

"The reason for ending the appendix experiment at this time is that we have found that it adds to the difficulty of, and time consumed in, reading briefs. If our case load and that of the Court of Appeals were not so great, we would be less willing to revert entirely to the abstracting system. Given the numbers of cases we must decide to remain current with our docket, however, we cannot tolerate the additional work we find the appendix system to have caused. 

"The experiment with the appendix system began with our Per Curiam Order of October 17, 1988, creating a trial period for testing the new system which, with one intermission and two extensions, was to end March 1, 1991. As was expected, there were difficulties in adapting to the change. The main one from our perspective was the problem of expansion of the statement of the case, with appropriate appendix references, to an extent which would save members of the Court from having to scour the appendix for factual details. 

"If we find a way to bring our case load and that of the Court of Appeals within reason, we may return to the appendix system, with some revisions, because we continue to wish to implement the goals stated in our original order. We would like our system to be as inexpensive and simple as possible. Under other circumstances we will be able to exercise the patience required to permit lawyers and litigants to become accustomed to the change and to fine tune it with revisions." 

The first 1999 amendment of this Rule added the subdivision (1) and (2) designations in (b); in (b)(2), added the second sentence; and added (b)(3) and (4). New subdivision (b)(3) provides that judgments, decrees, and orders may be filed with the clerk by facsimile transmission if the court so directs. New subdivision (b)(4) addresses emergency situations when an order needs to be effective immediately, but the clerk's office is not open. This amendment to subsection (b) of Administrative Order No. 2 became effective June 24, 1999. 

The second 1999 amendment to this order substituteds "four digits" for "the last two digits" in the second sentence of subsection (a). This change was necessitated by the coming of the year 2000. Instead of two digits (9901) for the docket year, the case number will be four digits (2000-1). This amendment to subsection (a) of Administrative Order No. 2 became effective January 1, 2000. 

Addition to Reporter's Notes (1999): - Subdivision (c)(2) of this rule does not authorize the filing of judgments, decrees or orders by facsimile transmission. However, Administrative Order No. 2(b), as amended in 1999, requires any clerk's office with a facsimile machine to "accept facsimile transmission of a judgment, decree or order filed in such manner at the direction of the court." The faxed judgment, decree or order is effective when entered by the clerk. To ensure the permanency of official court records, the original judgment, decree or order must be substituted for the facsimile copy within 14 days of transmission, but this step does not have any bearing on the effectiveness of the faxed document or the time for taking an appeal. 

Addition to Reporter's Notes (2000): - The second paragraph of this rule provides that a judgment or decree "is effective only when ... set forth [on a separate document] and entered as provided in Administrative Order No. 2." As amended in 1999 [effective 1/1/00], Administrative Order No. 2(b) provides that a judgment, decree or order is "entered" when stamped or otherwise marked by the clerk with the time and date and the word "filed," irrespective of when it is recorded in the judgment book. When the clerk's office is not open for business, and upon an express finding of extraordinary circumstances, an order is effective immediately when signed by the judge. Such order must be filed with the clerk on the next day on which the clerk's office is open, and this filing date controls all appeal-related deadlines. 

The amendment to Administrative Order No. 2(b) also requires any clerk's office with a facsimile machine to "accept facsimile transmission of a judgment, decree or order filed in such manner at the direction of the court." The faxed judgment, decree or order is effective when entered by the clerk. To ensure the permanency of official court records, the original judgment, decree or order must be substituted for the facsimile copy within 14 days of transmission, but this step does not have any bearing on the effectiveness of the faxed document or the time for taking an appeal. 

Order 3. Trial Briefs — Trial and Appellate Court Decisions — Time Limitations and Reports

1.  Trial briefs. All matters which are under submission to a trial judge should be promptly, efficiently, and fairly determined. The total time for all parties to file briefs in any case in the circuit courts is limited to a period not to exceed thirty (30) days after the trial is completed and the case is ready for decision. Upon a showing or written statement of special circumstances in a particular case, the time for filing briefs may be extended, reduced, or eliminated at the discretion of the trial judge. 

2. Trial court decisions.

A. Judges of circuit courts are directed to submit to the Administrative Office of the Courts at the end of each calendar quarter, reports of cases which have been under advisement for more than ninety (90) days after final submission. These reports are to be submitted on forms supplied by the Administrative Office of the Courts. In cases which have been pending for more than ninety (90) days after final submission, the quarterly report shall include the date when the case was submitted and a statement of the reasons necessitating the delay in rendering a decision. If there are no cases which are pending for that length of time, the report shall simply state "none."

B. For purposes of subdivision 2(A) of this order, civil cases under final submission include those with motions submitted for decision that could result in the resolution or dismissal of the case, as well as those cases that have been fully tried and submitted on their merits. If a civil case has been fully tried, or a potentially dispositive motion argued at a hearing, then the case shall be under final submission at the conclusion of the trial or hearing, or on the date any post-trial or post-hearing briefing is filed, whichever last occurs. If no hearing is held on a potentially dispositive motion, then the case shall be under final submission on the date a party files with the circuit clerk a copy of a letter notifying the circuit judge that the motion is ready for decision. The letter shall enclose copies of all the filed papers relating to the motion and reflect service on all other counsel of record.

C. For purposes of subdivision 2(A) of this order, a motion, application, or petition requesting post-conviction relief in a criminal case, including a petition under Arkansas Rule of Criminal Procedure 37, shall be considered under final submission on the date that the petitioner files with the circuit clerk a copy of a letter notifying the circuit judge that the motion, application, or petition has been filed. The letter to the judge shall enclose all copies of pleadings and documents relating to the motion, application, or petition and shall reflect service on the prosecuting attorney. If, within ninety (90) days of the date on which the letter is filed with the circuit clerk, the judge sets a hearing on the motion, application, or petition, then the date on which the petition is considered under final submission shall be extended until the date on which the hearing concludes or the date on which the last post-hearing briefing is filed, whichever last occurs.

D. The Administrative Office of the Courts shall promptly review all reports filed by the trial courts, and if it determines that the delay in any case was not caused by the parties or their counsel, it shall recommend to the Supreme Court a judge to be assigned or appointed to dispose of the delayed case.

E. Willful noncompliance with the provisions of the order shall constitute grounds for discipline under the provisions of Canon 3 B (8) of the Arkansas Code of Judicial Conduct. Any judge whose quarterly report is not received by the 15th of the month following the end of the previous quarter (i.e., January 15, April 15, July 15, October 15) will be automatically referred to the Judicial Discipline and Disability Commission for possible discipline.

    3.  Appellate court decisions.  
    A.  Justices and Judges of the Arkansas Supreme Court and Court of Appeals are directed to submit to the Chief Justice of the Supreme Court at the end of each quarter a report of any case in which an opinion has not been issued within sixty (60) days from the case's submission. The report shall include a statement of the reason necessitating the delay in issuing an opinion. 
    B.  The Supreme Court will review the reasons given for delay in any reported case and make any reassignment or take any appropriate action necessary to dispose of the case. 
    C.  Willful noncompliance with the provisions of this order shall constitute grounds for discipline under the provisions of Canon 3B(8) of the Arkansas Code of Judicial Conduct. 
    4.  Effective date. This order shall become effective commencing January 1, 1991, and the initial quarterly reports shall be filed on or before March 31, 1991, and the last day of each quarterly month thereafter. 

COURT’S NOTES, 2007:

New subdivision (2)(B) has been added to clarify when, for purposes of this order, the circuit court takes civil cases under final submission. For dispositive motions where no hearing is held, the order now obligates counsel (or a pro se party) to write the court and provide copies of all the motions, thus fixing a clear submission date. This letter must also be served on all parties and filed with the circuit clerk. Former subdivisions (2)(B) and (2)(C)) have been renumbered.

New subdivision 2(C) addresses Rule 37 petitions and similar post-conviction motions in criminal cases. Rule 37.3(a) permits the circuit court to dispose of a Rule 37 petition without a hearing based on the files and records of the case. Subdivision 2(C) requires the circuit judge to report Rule 37 petitions that have not been so disposed within ninety (90) days after the petitioner files the notification letter described in the subdivision. If within that 90-day period, the judge schedules a hearing on the petition, as provided in Rule 37.3(c), then the petition is not considered under final submission until ninety (90) days after the later of the conclusion of the hearing or the filing of any post-hearing briefs.

Subdivision 2(C) does not apply to post-trial motions filed under Arkansas Rule of Criminal Procedure 33.3. Pursuant to Rule of Appellate Procedure - Criminal 2(b)(1), such motions are deemed denied on the 30th day after the entry of judgment, unless the court denies the motion before that date. Consequently, a circuit court should never have a Rule 33.3 post-trial motion under advisement for more than ninety (90) days.

History. Adopted November 19, 1990, effective January 1, 1991; amended December 23, 1996; amended May 24, 2001, effective July 1, 2001; amended September 27, 2001; amended October 18, 2001

Publisher's Notes. The Dec. 23, 1996, Per Curiam provided, in part: "The addition of the second sentence in subsection (2)(C) with respect to the late filing of quarterly reports shall become effective with the reports due March 31, 1997, which must be filed no later than April 15, 1997." 

Order 4. Verbatim Trial Record

Unless waived on the record by the parties, it shall be the duty of any circuit court to require that a verbatim record be made of all proceedings pertaining to any contested matter before it. 

History
History. Adopted May 6, 1991, effective July 1, 1991; amended May 24, 2001, effective July 1, 2001

 

Order 5. Criminal Cases Where Alleged Victim Under Age Fourteen

Ark. Code Ann. § 16-10-130 (1987) provides that all courts of this state shall, in the absence of extraordinary circumstances, give precedence to the trial of criminal cases over other matters, civil or criminal, when the alleged victim is under age fourteen. Effective immediately, when a case affected by § 16-10-130 is not tried within nine months following arraignment, the circuit judge before whom the case is pending will inform the Administrative Office of the Courts in writing the reason or reasons the case has not been tried. Thereafter, at intervals of ninety (90) days the trial court will inform the Office of the Courts as to the status of the case. During the pendency of the case no continuance shall be granted on motion of either the state or the defendant except upon written order detailing the reasons for, and the duration of, the delay. 

History
History. Adopted October 5, 1992

 

Order 6. Broadcasting, Recording, or Photographing in the Courtroom

(a)  Application - Exception. This Order shall apply to all courts, circuit, district, and appellate, except as set out below. 
    (b)  Authorization. A judge may authorize broadcasting, recording, or photographing in the courtroom and areas immediately adjacent thereto during sessions of court, recesses between sessions, and on other occasions, provided that the participants will not be distracted, nor will the dignity of the proceedings be impaired. 
    (c)  Exceptions. The following exceptions shall apply: 
    (1)  An objection timely made by a party or an attorney shall preclude broadcasting, recording, or photographing of the proceedings; 
    (2)  The court shall inform witnesses of their right to refuse to be broadcast, recorded, or photographed, and an objection timely made by a witness shall preclude broadcasting, recording or photographing of that witness; 
    (3)  All juvenile matters in circuit court as well as hearings in probate and domestic relations matters in circuit court, e.g., adoptions, guardianships, divorce, custody, support, and paternity, shall not be subject to broadcasting, recording, or photographing. 
    (4)  In camera proceedings shall not be broadcast, recorded, or photographed except with consent of the court; 
    (5)  Jurors, minors without parental or guardian consent, victims in cases involving sexual offenses, and undercover police agents or informants shall not be broadcast, recorded, or photographed. 
    (d)  Procedure. The broadcasting, recording, or photographing of any court proceeding shall comply with the following rules: 
    (1)  The court shall direct that the news media representatives enter into a pooling arrangement for the broadcasting, recording, or photographing of a trial. Any representative of a news medium wanting to broadcast, record, or photograph court proceedings shall present to the court a written statement agreeing to share with other media representatives. The media pool shall select one of its members to serve as pool coordinator. The media pool shall establish its own procedures, not inconsistent with these rules or with the wishes of the court, and the pool coordinator shall arbitrate any problems that arise. If a problem arises that requires the assistance of the court, the pool coordinator alone shall be responsible for coordinating with the court. A plan for the placement of the broadcast equipment shall be prepared and filed by the pool coordinator, subject to the final approval of the court. 
    (2)  The court shall retain ultimate control of the application of these rules over the broadcasting, recording, or photographing of a trial. Decisions made as to the details are final and are not subject to appeal. The court may in its discretion terminate the broadcasting, recording, or photographing at any time. Such a decision should not be made in an effort to edit the proceedings but only as one necessary in the interest of justice. 
    (3)  The media pool may have two cameras in the courtroom during the course of a trial. One camera shall be used for still photography, and one camera shall be used for television photography. Both cameras shall remain in stationary positions outside the bar of the courtroom. Videotape recording and other electronic equipment not a component part of the cameras shall be located in an area remote from the courtroom to be designated by the court. 
    (4)  One additional audio system for radio broadcasting shall be permitted provided that all microphones and related essential wiring will be unobtrusive and located in places designated in advance by the basic courtroom plan. The pool coordinator shall permit the installation of a pickup distribution box to be located outside the courtroom area to allow additional agencies access to the audio feed. 
    (5)  Only television or photographic equipment that does not require distracting sound or light shall be employed to cover court proceedings. No artificial lighting device shall be employed in connection with television cameras. Any court approved alterations in existing lighting or wiring shall be accomplished by and at the expense of the media pool. 
    (6)  Camera and audio equipment shall be installed or removed only when the court is not in session. Film changes shall not be made while court is in session. No audio equipment shall be used to record conversations between attorneys and clients or conversations between attorneys and the court held outside the hearing of the jury. 
    (e)  Contempt. Failure to abide by any provision of this Order can result in a citation for contempt against the news representative and his or her agency. 

History
History. Adopted July 5, 1993; amended May 24, 2001, effective July 1, 2001

 

Order 7. Arkansas Supreme Court and Court of Appeals Records Retention Schedule

Section 1. Statement of policy.

Rules text
Unless otherwise provided by law or as set forth herein, all records of the Arkansas Supreme Court and Court of Appeals shall be permanently maintained. 

Section 2. Transfer of permanent records.

Rules text
a.  Physical custody of any record to be maintained permanently, may be transferred to any institution which maintains a special collections department by letter agreement upon approval by the Arkansas Supreme Court. Title to records which must be permanently maintained shall remain with the Arkansas Supreme Court. 
    b.  The Clerk shall permanently maintain a log of transferred records. The log shall list record series, description of records transferred, to whom transferred, and the date of transfer. 

Section 3. Alternatives to permanent retention.

Rules text
a.  Once microfilmed in a manner approved by the Administrative Office of the Courts, any paper record may be destroyed or donated by the Clerk, regardless of the number of years stated for retention in the Retention Schedule found in Section 6 below. 
    b.  Once the period of retention has expired, or the record has been microfilmed, whichever occurs first, the paper record may be donated, transferring full title possession to any institution which maintains a special collections department. 
    c.  Any interested institution shall advise the Clerk of the institution's desire to receive notification when records become available for donation or transfer. The Clerk shall determine the recipient of the record(s) where more than one institution requests custody or custody and title. Records which are available for donation or transfer and which have not been requested within ninety (90) days of the notification shall be subject to disposal as set forth in Section 4 below. 
    d.  The Clerk shall permanently maintain a log of donated records. The log shall list record series, descriptions of records donated, to whom donated, and date of donation. 

Section 4. Disposal of records.

Rules text
a.  When records have been damaged or destroyed by decay, vermin, fire, water, or by other means which renders them illegible, the Clerk may dispose of the remains as provided in subsection b. 
    b.  Records shall be disposed of by burning, shredding, recycling, or by depositing them in a public landfill. 
    c.  Exhibits shall be disposed of as provided in Rule 3-6 of the Rules of the Arkansas Supreme Court and Court of Appeals. 
    d.  The Clerk shall permanently maintain a log of disposed of records. The log shall list record series, descriptions of records disposed of, and method and date of disposal. 

Section 5. Records omitted.

Rules text
a.  Any record not listed in the Records Retention Schedule shall be maintained permanently or until provided for otherwise in the retention schedule. 
    b.  Omitted records should be brought to the attention of the Administrative Office of the Courts by letter which includes a description of the record, age of the record, and such photocopies as will assist in understanding the content and purpose. 
    c.  Any recommendations for changes in the Retention Schedule should be brought to the attention of the Administrative Office of the Courts. 

Section 6. Retention schedule.

Rules text
Record Type Retention Instructions 

Supreme Court and Court of Appeals Docket Books:
Retain Permanently. 

Supreme Court and Court of Appeals Case Indices:
Retain Permanently. 

Supreme Court and Court of Appeals Record of Proceedings:
Retain Permanently. 

Civil Case Records and Case Files After 1940:
Retain seven (7) years after case is closed, then offer for donation. 

Criminal Case Records and Case Files After 1940:
Retain Permanently. 

Death Penalty:
Retain Permanently. 

Life without Parole:
Retain Permanently. 

Life:
Retain Permanently. 

Felony with greater than 10 year sentence:
Retain ten (10) years after case is closed, then offer for donation. 

Other criminal cases with 10 year sentence or less:
Retain five (5) years after case is closed, then offer for donation.  

Civil and Criminal Records: 

Prior to and including 1940:
Retain Permanently. 

Rule on Clerk Denied Records:
Supreme Court and Court of Appeals Case Record and Case File.
Retain five (5) years. 

Employment Security Division: 

Case Record and Case File:
Retain three (3) years. 

Supreme Court and Court of
Appeals Opinions:

Original copy of Opinions and  Per Curiam Opinions:
Retain Permanently. 

Financial Records including: 

Supreme Court & Court of Appeals, Clerk's Office, Court Library, Appellate Committees, Personnel, Arkansas Attorneys,Arkansas Bar Account,Court Reporters, Client
Security Fund:  Vouchers, Ledgers, Receipts, Contracts, Cancelled Checks,Bank Statements, Fees, Audit Reports, Tax Reports, Social Security Reports, RetirementReports, Purchase Orders, Insurance Reports, and Requisition Reports
following legislative:
Retain three (3) years 

Other Supreme Court and Court
of Appeals Documents including: 

All case related motions, petitions, summons, mandates,and bonds, which have been filed separately from the case file.
Retain as long as Case  file is maintained. 

Original actions, motions, and petitions.
Retain seven (7) years. 

Per Curiam Orders.
Retain as long as Case file is maintained. 

Arkansas Attorney Records: 

Petitions for Licenses.
Retain Permanently. 

Student Practice, Rule 15 Petitions.
Retain five (5) years. 

Professional Association Members List.
Retain Permanently. 

Professional Association Members Receipts.
Retain three (3) years  following Legislative audit. 

Committee on Professional Conduct Files.
Retain Permanently. 

Correspondence and Misc. Letters.
Retain three (3) years. 

Certification of Registration.
Retain three (3) years. 

United States Supreme Court Records: 

US Supreme Court Mandates.
Retain as long as Case File is maintained. 

US Supreme Court Writs of Certiorari.
Retain as long as Case File is maintained. 

Other Records maintained by
Clerk's Office including:  

 Court of Appeals Motion Assignment Sheet, Court of Appeals Motion Pending file Supreme Court and Court of Appeals Syllabus, Court of Appeals Oral Argument file, Court of Appeals Submissions file, Condition of Supreme Court Docket Summary file. Immediate Disposal. 

Court Clerk Correspondence including: 

Correspondence to Civil Procedure Committee, Letters to Clerk Certifying Briefs, Employment Security Division Late Filing Correspondence, Oral Arguments Confirmation Letters, Library Delinquent Accounts Correspondence.
Immediate Disposal. 

Miscellaneous or General Correspondence:
Retain one (1) year. 

Section 7. Definitions.

Rules text
a.  Clerk. The Clerk of the Supreme Court and Court of Appeals. 
    b.  Immediate disposal. The record(s) may be disposed of at the discretion of the Clerk. 
    c.  Retain as long as case file is maintained. The record(s) should be returned to the case file if possible, but if this is not possible, the record shall be retained in accordance with the instructions for retention of the case file to which it would belong. 
    d.  Retain permanently. The record(s) must forever be retained by the Clerk, transferred pursuant to Section 2(a), or microfilmed pursuant to Section 3(a). 
    e.  Retain (#) years, then offer for donation. The record(s) shall be retained the specified period and then offered for donation, pursuant to Section 3. 
    f.  Retain (#) years following legislative audit. The record(s) shall be retained the specified number of years from the date of publication of the legislative audit report. 
    g.  Retain (#) years. The record(s) shall be retained for the specified period. 
    h.  Case closed. Supreme Court and Court of Appeals cases shall be considered closed once a mandate is issued or another written order of final disposition is entered. 
    i.  Case record. The trial court or administrative tribunal case record, and the court reporter's certified transcript, lodged with the appellate court as provided by Rules 3-1, 3-2, 3-3, and 3-4 of the Rules of the Arkansas Supreme Court and Court of Appeals, as well as the attorneys' briefs. 
    j.  Case file. All correspondence, motions, petitions, orders, dispositions, and mandates issued and filed during the appellate process. 

History
History. Adopted June 20, 1994

 

Order 8. Forms for Reporting Case Information in All Arkansas Trial Courts

Section I. Scope.

Rules text
In every action filed in the circuit courts, a form designed for the uniform collection of case data shall be completed and filed with the initial pleading and again at final disposition. The forms shall be used in assigning and allocating cases and to collect statistical case data. The forms shall not be admissible as evidence in any court proceeding or replace or supplement the filing and service of pleadings, orders, or other papers as required by law or the rules of this Court. This Order in no way affects the use of the Judgment and Commitment Order or Judgment and Disposition Order in judicial proceedings as authorized by Court Rule or statute. 

Section II. Responsibility for forms.

Rules text
a.  Administrative Office of the Courts. The Administrative Office of the Courts (AOC) shall be responsible for the content and format of the forms after consultation with other appropriate agencies or as may be required by law. The AOC shall be responsible for training in the use of these forms and for initial dissemination of the forms. 
    b.  Court clerk. The court clerk shall not accept an initial pleading which is not accompanied by the appropriate completed form. The court clerk shall maintain a supply of forms to ensure their availability to attorneys or pro se litigants. The court clerk shall weekly forward a copy of the forms which have been filed to the AOC unless the court clerk or other official as designated by the trial court reports electronically to the AOC. Those counties which report electronically should not send copies of the paper forms unless specifically requested to do so by the AOC. These forms shall replace all forms currently used for reporting case data to the AOC. For the purposes of this Administrative Order, court clerk means the elected circuit clerk, or his/her deputy clerks in whose office a pleading, order, judgment, or decree is filed, except in the event probate matters are required by law to be filed in the office of county clerk, then the term clerk shall also include the county clerk for this limited purpose. 
    c.  Multiple claims. If a complaint asserts multiple claims which involve different subject matter divisions of the circuit court, the cover sheet for that division which is most definitive of the nature of the case should be selected and completed. Attorneys or pro se litigants should be cognizant that claims which are wholly unrelated may be severed and proceeded with separately under Rule 18(b) of the Rules of Civil Procedure. 

Section III. Procedure.

Rules text
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 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. 
    b.  Civil, Probate, and Domestic Relations cases. When an action is commenced, the attorney or pro se litigant filing the initial pleading shall be responsible for completion of the filing information on the appropriate reporting form, and that form shall be filed with the court clerk. The court clerk shall not accept the pleading unless it is accompanied by the reporting form. The court clerk shall file the original in the case file and shall forward a copy of the reporting form to the AOC pursuant to SECTION II.b. 

   When the final order/decree/judgment is presented to the court clerk for filing, the clerk or other appropriate official as designated by the trial court shall complete with the assistance of the parties and their attorneys the disposition information on the original form in the case file. The court clerk shall not file and enter the order unless it is accompanied by the completed reporting form. The court clerk shall sign, date, and forward a copy of the completed reporting form to the AOC pursuant to SECTION II.b. 
    c.  Juvenile cases. When an action is commenced, unless otherwise designated by the judge, the attorney or pro se litigant filing the petition shall be responsible for completion of the filing information on the appropriate reporting form, and that form shall be filed with the court clerk. The court clerk shall not accept an initial pleading unless it is accompanied by the reporting form. The court clerk shall forward a copy of the reporting form to the AOC pursuant to Section II.b. 

   Pursuant to A.C.A. § 16-13-603(d)(2), the judge shall designate a staff person who shall be responsible for completing the disposition information on the appropriate juvenile reporting form when an order is entered and forwarding the form to the court clerk for filing. The court clerk shall not accept the order unless it is accompanied by the reporting form. The court clerk shall sign, date, and forward a copy of the reporting form to the AOC pursuant to SECTION II.b. 

History
History. Adopted February 26, 1996; amended April 14, 1997; amended December 4, 1997; amended effective July 1, 2000; amended May 24, 2001, effective July 1, 2001, except section II.(c) [Multiple claims] effective January 1, 2002; amended November 1, 2001, effective January 1, 2002

——————————
Forms

 

Rules text

 

               

 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: __________________

 

Order 9. Compensatory Time Record Policy for Arkansas Official Court Reporters

A.  Procedures. To ensure statewide compliance with the Fair Labor Standards Act of 1938 (29 U.S.C. § 207(o)(6)), each official court reporter shall complete all sections of the Compensatory Time Record For Arkansas Official Court Reporters form, which is appended hereto, sign the time record to certify that it correctly reports all hours worked in excess of the 40 hour work week that are not excluded by 29 U.S.C. § 207(o), and monthly submit the record to his/her appointing judge for approval. 

   The appointing judge shall approve and sign each monthly record certifying that, to the best of his/her knowledge, the time record reflects a true and accurate record of compensatory time earned for all hours worked in excess of the 40 hour work week, as defined by the Fair Labor Standards Act ("FLSA"). The appointing judge shall grant the court reporter compensatory time at the rate of one and one-half times the number of hours worked in excess of the 40 hour work week pursuant to this policy. 

   For the purpose of determining the 40 hour FLSA work week, the established work week shall begin on Saturday at 12:01 a.m. and continue through Friday at 12:00 midnight. Any time excluded by 29 U.S.C. § 207(o) and any time taken off for holidays, compensatory time leave, sick leave, annual leave or any other purpose during the week shall not be counted in determining whether the employee has worked 40 hours. 

   The appointing judge shall be responsible for maintaining the approved time record and shall forward copies of the previous three months records within the first fifteen days of every calendar quarter (i.e., January 15, April 15, July 15, and October 15) to the Administrative Office of the Courts ("AOC"). The time records shall be retained by the AOC for three years or until completion of an audit by the State Auditor's Office of the AOC, whichever is longer. 

   Court reporters shall be permitted to use accrued compensatory time as soon as possible when the court is not in session and without unduly disrupting the operations of the court.  The appointing judge shall approve use of compensatory time. Compensatory time may be used in lieu of sick leave or annual leave. 

   Under no circumstances shall the outstanding balance of compensatory time exceed 90 hours.  The appointing judges are responsible for ensuring that court reporters do not exceed this maximum balance of compensatory time. 

   Accrued compensatory time should be used prior to the employee's termination of employment. If accrued compensatory time is not used prior to the employee's termination of employment, the appointing judge shall hold the official court reporter position vacant for a period equivalent to the period for which accrued compensatory time is paid. The payment for compensatory time shall be at the ending rate of pay for the employee. 

   The compensatory time records for official reporters is not intended for use by substitute court reporters. Substitute court reporters shall be governed by the provisions of A.C.A. § 16-13-509 as described in the AOC publication, Arkansas State Trial Court Employee Manual. 
    B.  Enforcement.  
    (i)  The failure of court reporters to comply with the requirements of this Order shall constitute grounds for discipline under the provisions of Section 19(c) of the Regulations of the Board of Certified Court Reporter Examiners and Section 7 of the Rule Providing for Certification of Court Reporters. (ii) The failure of appointing judges to comply with the requirements of this Order shall constitute grounds for discipline under the provisions of Canon 3 (C) of the Arkansas Code of Judicial Conduct. 

History
History. Adopted December 23, 1996, effective January 1, 1997

Order 10. Child Support Guidelines (Visit the Child Support Web Page for more information)

Section I. Authority and scope.

  Pursuant to Act 948 of 1989, as amended, codified at Ark. Code Ann. § 9-12-312(a) and the Family Support Act of 1988, Pub. L. No. 100-485 (1988), the Court adopts and publishes Administrative Order Number 10 — Child Support Guidelines. This Administrative Order includes and incorporates by reference the attached weekly, biweekly, semimonthly, and monthly family support charts and the attached Affidavit of Financial Means (see below for charts and affidavit).

   It is a rebuttable presumption that the amount of child support calculated pursuant to the most recent revision of the Family Support Chart is the amount of child support to be awarded in any judicial proceeding for divorce, separation, paternity, or child support. The court may grant less or more support if the evidence shows that the needs of the dependents require a different level of support.

  All orders granting or modifying child support (including agreed orders) shall contain the court's determination of the payor's income, recite the amount of support required under the guidelines, and recite whether the court deviated from the Family Support Chart. If the order varies from the guidelines, it shall include a justification of why the order varies as may be permitted under Section V hereinafter. It shall be sufficient in a particular case to rebut the presumption that the amount of child support calculated pursuant to the Family Support Chart is correct, if the court enters in the case a specific written finding within the Order that the amount so calculated, after consideration of all relevant factors, including the best interests of the child, is unjust or inappropriate.

Section II. Definition of income.

  Income means any form of payment, periodic or otherwise, due to an individual, regardless of source, including wages, salaries, commissions, bonuses, workers' compensation, disability, payments pursuant to a pension or retirement program, and interest less proper deductions for:

1. Federal and state income tax;
2. Withholding for Social Security (FICA), Medicare, and railroad retirement;
3. Medical insurance paid for dependent children; and
4. Presently paid support for other dependents by court order, regardless of the date of entry of the order or orders.

  Cases reflect that the definition of “income” is “intentionally broad and designed to encompass the widest range of sources consistent with this State’s policy to interpret ‘income’ broadly for the benefit of the child.” Evans v. Tillery, 361 Ark. 63, 204 S.W.3d 547(2005); Ford v. Ford, 347 Ark. 485, 65 S.W.3d 432 (2002); McWhorter v. McWhorter, 346 Ark. 475, 58 S.W.3d 840 (2001); and Davis v. Office of Child Support Enforcement, 341 Ark. 349, 20 S.W.3d 273 (2000).

Section III. Calculation of support.

   a. Basic Considerations. The most recent revision of the family support charts is based on the weekly, biweekly, semimonthly and monthly income of the payor parent as defined in Section II.

   For purposes of computing child support payments, a month consists of 4.334 weeks. Biweekly means a payor is paid once every two weeks or 26 times during a calendar year. Semimonthly means a payor is paid twice a month or 24 times during a calendar year.

   Use the lower figure on the chart for income to determine support. Do not interpolate (i.e., use the $200.00 amount for all income pay between $200.00 and $210.00 per week.)

   The amount paid to the Clerk of the Court or to the Arkansas Clearinghouse for administrative costs pursuant to Ark. Code Ann. § 9-12-312(e)(1)(A), § 9-10-109(b)(1)(A), and § 9-14-804(b) is not to be included as support.

   b. Income Which Exceeds Chart. When the payor's income exceeds that shown on the chart, use the following percentages of the payor's weekly, biweekly, semimonthly or monthly income as defined in SECTION II to set and establish a sum certain dollar amount of support:

One dependent: 15%
Two dependents: 21%
Three dependents: 25%
Four dependents: 28%
Five dependents: 30%
Six dependents: 32%

  To compute child support when income exceeds the chart, add together the maximum weekly, biweekly, semimonthly, or monthly chart amount, and the percentage of the dollar amount that exceeds that figure, using the percentage above based upon the number of dependents. Example: The maximum on the weekly chart is $1,000 a week. If a payor’s net weekly income is $1,200 and support will be computed for one child–add $149 (the chart amount of support for one child when payor’s net weekly income is $1,000) and $30 (15% of $200, the amount exceeding the maximum chart amount), for total child support of $179. Hill v. Kelly, 368 Ark.200, 243 S.W.3d 886 (2006) (case decided before the Administrative Order was amended to include this computation and example).

   c. Nonsalaried Payors. For Social Security Disability recipients, the court should consider the amount of any separate awards made to the disability recipient's spouse and children on account of the payor's disability. SSI benefits shall not be considered as income.

   For Veteran's Administration disability recipients, Workers' Compensation disability recipients, and Unemployment Compensation recipients, the court shall consider those benefits as income.

   For military personnel, see the latest military pay allocation chart and benefits. Basic Allowance for Housing (BAH) and Basic Allowance for Subsistence (BAS) should be added to other income to reach total income. Military personnel are entitled to draw BAH at a "with dependents" rate if they are providing support pursuant to a court order. However, there may be circumstances in which the payor is unable to draw BAH or may draw BAH only at the "without dependents" rate. Use the BAH for which the payor is actually eligible. In some areas, military personnel receive a variable allowance. It may not be appropriate to include this allowance in calculation of income since it is awarded to offset living expenses which exceed those normally incurred.

   For commission workers, support shall be calculated based on minimum draw plus additional commissions.

   For self-employed payors, support shall be calculated based on the last two years' federal and state income tax returns and the quarterly estimates for the current year. A self-employed payor's income should include contributions made to retirement plans, alimony paid, and self-employed health insurance paid; this figure appears on line 22 of the current federal income tax form. Depreciation should be allowed as a deduction only to the extent that it reflects actual decrease in value of an asset. Also, the court shall consider the amount the payor is capable of earning or a net worth approach based on property, life-style, etc. For “clarification of the procedure for determining child support by using the net-worth method,” see Tucker v. Office of Child Support Enforcement, 368 Ark.481, 247 S.W.3d 485 (2007).

   d. Imputed Income. If a payor is unemployed or working below full earning capacity, the court may consider the reasons therefor. If earnings are reduced as a matter of choice and not for reasonable cause, the court may attribute income to a payor up to his or her earning capacity, including consideration of the payor's life-style. Income of at least minimum wage shall be attributed to a payor ordered to pay child support.

   e. Spousal Support. The chart assumes that the custodian of dependent children is employed and is not a dependent. For the purposes of calculating temporary support only, a dependent custodian may be awarded 20% of the net take-home pay for his or her support in addition to any child support awarded. For final hearings, the court should consider all relevant factors, including the chart, in determining the amount of any spousal support to be paid.

   f. Allocation of Dependents for Tax Purposes. Allocation of dependents for tax purposes belongs to the custodial parent pursuant to the Internal Revenue Code. However, the Court shall have the discretion to grant dependency allocation, or any part of it, to the noncustodial parent if the benefit of the allocation to the noncustodial parent substantially outweighs the benefit to the custodial parent.

   g. Health Insurance. In addition to the award of child support, the court order shall provide for the child's health care needs, which normally would include health insurance if available to either parent at a reasonable cost.

Section IV. Affidavit of financial means.

  The Affidavit of Financial Means shall be used in all family support matters. The trial court shall require each party to complete and exchange the Affidavit of Financial Means prior to a hearing to establish or modify a support order.

Section V. Deviation considerations.

   a. Relevant Factors. Relevant factors to be considered by the court in determining appropriate amounts of child support shall include:

1. Food;
2. Shelter and utilities;
3. Clothing;
4. Medical expenses;
5. Educational expenses;
6. Dental expenses;
7. Child care (includes nursery, baby sitting, daycare or other expenses for supervision of children necessary for the custodial parent to work);
8. Accustomed standard of living;
9. Recreation;
10. Insurance;
11. Transportation expenses; and
12. Other income or assets available to support the child from whatever source, including the income of the custodial parent.

  b. Additional Factors. Additional factors may warrant adjustments to the child support obligations and shall include:

1. The procurement and maintenance of life insurance, health insurance, dental insurance for the children's benefit;
2. The provision or payment of necessary medical, dental, optical, psychological or counseling expenses of the children (e.g., orthopedic shoes, glasses, braces, etc.);
3. The creation or maintenance of a trust fund for the children;
4. The provision or payment of special education needs or expenses of the child;
5. The provision or payment of day care for a child;
6. The extraordinary time spent with the noncustodial parent, or shared or joint custody arrangements;
7. The support required and given by a payor for dependent children, even in the absence of a court order; and
8. Where the amount of child support indicated by the chart is less than the normal costs of child care, the court shall consider whether a deviation is appropriate.
c. Application of deviation factors. These deviation factors may be considered for both the custodial and the noncustodial parents.

Section VI. Abatement of support during extended visitation.

   The guidelines assume that the noncustodial parent will have visitation every other weekend and for several weeks during the summer. Excluding weekend visitation with the custodial parent, in those situations in which a child spends in excess of 14 consecutive days with the noncustodial parent, the court should consider whether an adjustment in child support is appropriate, giving consideration to the fixed obligations of the custodial parent which are attributable to the child, to the increased costs of the noncustodial parent associated with the child's visit, and to the relative incomes of both parents. Any partial abatement or reduction of child support should not exceed 50% of the child support obligation during the extended visitation period of more than 14 consecutive days.

   In situations in which the noncustodial parent has been granted annual visitation in excess of 14 consecutive days, the court may prorate annually the reduction in order to maintain the same amount of monthly child support payments. However, if the noncustodial parent does not exercise said extended visitations during a particular year, the noncustodial parent shall be required to pay the abated amount of child support to the custodial parent.

Section VII. Provisions for payment.

   All orders of child support shall fix the dates on which payments shall be made. All support orders issued shall include a provision for immediate implementation of income withholding, absent a finding of good cause not to require immediate income withholding or a written agreement of the parties incorporated in the order setting forth an alternative agreement as required by Ark. Code Ann. § 9-14-218(a). All income withholding forms shall be made a part of the court file by the payee or his or her attorney. Payment shall be made through the Arkansas Clearinghouse pursuant to Ark. Code Ann. § 9-14-805. Times for payment should ordinarily coincide with the payor's receipt of salary, wages, or other income.

Click here for family support charts and affidavit of income [PDF].

Order 11. Arkansas Code of Professional Responsibility for Interpreters in the Judiciary

Preamble 

   Many persons who come before the courts are partially or completely excluded from full participation in the proceedings due to limited English proficiency or a speech or hearing impairment. It is essential that the resulting communication barrier be removed, as far as possible, so that these persons are placed in the same position as similarly situated persons for whom there is no such barrier.1 As officers of the court, interpreters help assure that such persons may enjoy equal access to justice and that court proceedings and court support services function efficiently and effectively. Interpreters are highly skilled professionals who fulfill an essential role in the administration of justice. 

1. Non-English speaker should be able to understand just as much as an English speaker with the same level of education and intelligence. 

Applicability 

   This code shall guide and be binding upon all persons, agencies and organizations who administer, supervise use, or deliver interpreting services to the judiciary. 

 

Canon 1: Accuracy and Completeness.

Rules text

Interpreters shall render a complete and accurate interpretation or sight translation, without altering, omitting, or adding anything to what is stated or written, and without explanation. 

 

Canon 2: Representation of Qualifications.

Rules text
Interpreters shall accurately and completely represent their certifications, training, and pertinent experience. 

 

Canon 3: Impartiality and Avoidance of Conflict of Interest.

Rules text
Interpreters shall be impartial and unbiased and shall refrain from conduct that may give an appearance of bias. Interpreters shall disclose any real or perceived conflict of interest. 

 

Canon 4. Professional Demeanor.

Rules text
Interpreters shall conduct themselves in a matter consistent with the dignity of the court and shall be as unobtrusive as possible. 

 

Canon 5: Confidentiality.

Rules text
Interpreters shall protect the confidentiality of all privileged and other confidential information. 

 

Canon 6: Restriction of Public Comment.

Rules text
Interpreters shall not publicly discuss, report, or offer an opinion concerning a matter in which they are or have been engaged, even when that information is not privileged or required by law to be confidential. 

 

Canon 7: Scope of Practice.

Rules text
Interpreters shall limit themselves to interpreting or translating, and shall not give legal advice, express personal opinions to individuals for whom they are interpreting, or engage in any other activities which may be construed to constitute a service other than interpreting or translating while serving as an interpreter. 

 

Canon 8: Assessing and Reporting Impediments to Performance.

Rules text
Interpreters shall assess at all times their ability to deliver their services. When interpreters have any reservation about their ability to satisfy an assignment competently, they shall immediately convey that reservation to the appropriate judicial authority. 

Canon 9: Duty to Report Ethical Violations.

Rules text
Interpreters shall report to the proper judicial authority any effort to impede their compliance with any law, any provision of this code, or any other official policy governing court interpreting and legal translating. 

Canon 10: Professional Development.

Rules text
Interpreters shall continually improve their skills and knowledge and advance the profession through activities such as professional training and education, and interaction with colleagues and specialists in related fields. 

History
History. Adopted December 3, 1998

 

Order 12. Official Probate Forms

The Court, pursuant to Ark. Code Ann. § 28-1-114 and its constitutional and inherent powers to regulate procedure in the courts, has adopted thirty-three probate forms. These official forms supersede all earlier versions. The forms are published in 336 Ark. Appendix (1999). 

History
History. Adopted January 26, 1999

[The forms are available in either HTML or  WP5.1 format]

Order 13. Judicial Exemption from Jury Service

During their term of office, Supreme Court Justices, Court of Appeals Judges, and judges of general jurisdiction trial courts shall not serve as grand or petit jurors in the courts of this State. 

History
History. Adopted March 25, 1999

Order 14. Administration of Circuit Courts

1.  Divisions.  
    a.  The circuit judges of a judicial circuit shall establish the following subject-matter divisions in each county of the judicial circuit: criminal, civil, juvenile, probate, and domestic relations. The designation of divisions is for the purpose of judicial administration and caseload management and is not for the purpose of subject-matter jurisdiction. The creation of divisions shall in no way limit the powers and duties of the judges to hear all matters within the jurisdiction of the circuit court. 
    b.  For purposes of this order, "probate" means cases relating to decedent estate administration, trust administration, adoption, guardianship, conservatorship, commitment, and adult protective custody. "Domestic Relations" means cases relating to divorce, annulment, maintenance, custody, visitation, support, paternity, and domestic abuse. Provided, however, the definitions of "probate" and "domestic relations" are not intended to restrict the juvenile division of circuit court from hearing adoption, guardianship, support, custody, paternity, or commitment issues which may arise in juvenile proceedings. 
    2.  Administrative Judges. In each judicial circuit in which there are two or more circuit judges, there shall be an administrative judge. 
    a.  Means of Selection. On or before the first day of February of each year following the year in which the general election is held, the circuit judges of a judicial circuit shall select one of their number by secret ballot to serve as the administrative judge for the judicial circuit. In circuits with fewer than ten judges the selection must be unanimous among the judges in the judicial circuit. In circuits with 10 or more judges the selection shall require the approval of at least 75% of the judges. The name of the administrative judge shall be submitted in writing to the Supreme Court. If the judges are unable to agree on a selection, they shall notify the Chief Justice of the Supreme Court in writing and furnish information detailing their efforts to select an administrative judge and the results of their balloting. The Supreme Court shall then select the administrative judge. An administrative judge shall be selected on the basis of his or her administrative skills. 
    b.  Term of Office. The administrative judge shall serve a term of two years and may serve successive terms. The administrative judge shall be subject to removal for cause by the Supreme Court. If a vacancy occurs in the office of the administrative judge prior to the end of a term, then within twenty days of such vacancy, the circuit judges in office at the time of such vacancy shall select an administrative judge to serve the unexpired term, and failing to do so, the Supreme Court shall select a replacement. 
    c.  Duties. In addition to his or her regular judicial duties, an administrative judge shall exercise general administrative supervision over the circuit court and judges within his or her judicial circuit under the administrative plan submitted pursuant to Section 3 of this Administrative Order. The administrative judge will be the liaison for that judicial circuit with the Chief Justice of the Supreme Court in matters relating to administration. In addition, the duties of the administrative judge shall include the following: 
      (1)  Administrative Plan. The administrative judge shall insure that the administrative plan and its implementation are consistent with the requirements of the orders of the Supreme Court. 
      (2)  Case Assignment. Cases shall be assigned under the supervision of the administrative judge in accordance with the circuit's administrative plan. The administrative judge shall assure that the business of the court is apportioned among the circuit judges as equally as possible, and cases may be reassigned by the administrative judge as necessity requires. A circuit judge to whom a case is assigned shall accept that case unless he or she is disqualified or the interests of justice require that the case not be heard by that judge. 
      (3)  Information Compilation. The administrative judge shall have responsibility for the computation, development, and coordination of case statistics and other management data respecting the judicial circuit. 
      (4)  Improvements in the Functioning of the Court. The administrative judge shall periodically evaluate the effectiveness of the court in administering justice and recommend changes to the Supreme Court. 
    3.  Administrative Plan. The circuit judges of each judicial circuit by majority vote shall adopt a plan for circuit court administration. The administrative judge of each judicial circuit shall submit the administrative plan to the Supreme Court. The purpose of the administrative plan is to facilitate the best use of the available judicial and support resources within each circuit so that cases will be resolved in an efficient and prompt manner. The plan shall include the following: 
    a.  Case Assignment and Allocation.  
      (1)  The plan shall describe the process for the assignment of cases and shall control the assignment and allocation of cases in the judicial circuit. In the absence of good cause to the contrary, the plan of assignment of cases shall assume (i) random selection of unrelated cases; (ii) a substantially equal apportionment of cases among the circuit judges of a judicial  circuit; and (iii) all matters connected with a pending or supplemental proceeding will be heard by the judge to whom the matter was originally assigned. For purposes of subsection 3(a)(1)(i), "random selection" means that cases assigned to a particular subject-matter division shall be randomly distributed among the judges assigned to hear those types of cases. For purposes of subsection 3(a)(1)(ii), "a substantially equal apportionment of cases" does not require that the judges among whom the cases of a division are assigned must hear the same percentage of such cases so long as the judges' overall caseloads are substantially equal. 
      (2)  Cases in the criminal division, the juvenile division, or the domestic relations division may be exclusively assigned to particular judges, but such assignment shall not preclude them from hearing cases from any subject-matter division of circuit court. Except for the exclusive assignment of criminal, juvenile, and domestic relations division cases, cases in other subject-matter divisions should not be exclusively assigned to particular judges absent extraordinary reasons which must be set out in the circuit's administrative plan. 
      (3)  The Administrative Office of the Courts shall as soon as practical develop and make available to each judicial circuit a computerized program to assure (i) random assignment of cases where appropriate and (ii) a substantially equal apportionment of cases among the judges. 
    b.  Caseload Estimate. The plan shall provide a process which will apportion the business of the circuit court among each of the judges within the judicial circuit on as equal a basis as possible. The plan shall include an estimate of the projected caseload of each of the judges based upon previous case filings. If, at any time, it is determined that a workload imbalance exists which is affecting the judicial circuit or a judge adversely, the plan shall be amended subject to the provisions of Section 4 of this Administrative Order. 
    4.  Supreme Court.  
    a.  The administrative plan for the judicial circuit shall be submitted by the administrative judge to the Supreme Court by July 1 of each year following the year in which the general election of circuit judges is held. The effective date of the plan will be the following January 1. Until a subsequent plan is submitted to and published by the Supreme Court, any plan currently in effect shall remain in full force. Judges who are appointed or elected to fill a vacancy shall assume the caseload assigned to the judge they are replacing until such time a new administrative plan is required or the original plan is amended. Upon approval, the Supreme Court shall publish the administrative plan and a copy shall be filed with the clerk of the circuit court in each county within the judicial circuit and the Clerk of the Supreme Court. The process for the amendment of a plan shall be the same as that of the plan's initial adoption. 
    b.  In the event the administrative judge is unable to submit a plan consistent with the provisions of this Administrative Order, the Supreme Court shall formulate a plan for the equitable distribution of cases and caseloads within the judicial circuit. The Supreme Court shall set out the plan in an order which shall be filed with the clerk of each court in the judicial circuit and the Clerk of the Supreme Court. The clerk shall thereafter assign cases in accordance with the plan. 
    c.  In the event an approved plan is not being followed, a judge may bring the matter to the attention of the Chief Justice of the Arkansas Supreme Court by setting out in writing the nature of the problem. Upon receipt of a complaint, the Supreme Court may cause an investigation to be undertaken by appropriate personnel and will take other action as may be necessary to insure the efficient operation of the courts and the expeditious dispatch of litigation in the judicial circuit. 

History
History. Adopted April 6, 2001; amended November 1, 2001; amended July 11, 2002; amended January 30, 2003; amended January 22, 2004

"(1) The administrative plans submitted by the following judicial circuits are approved: 1st, 4th, 8th-N, 8th-S, 11th-W, 14th, 15th, 16th, 17th, 18th-E, 19th-W, 20th, 22nd, and 23rd. 
"(2) The plan adopted by the majority of the circuit judges and submitted by the administrative judge in the 10th judicial circuit is approved. 
"(3) The administrative plans submitted by the 7th, 9th-W, 13th, and 21st judicial circuits are approved conditioned upon these plans being modified to provide for the computerized random assignment of cases. (See Administrative Order Number 14 (3)(a)(3)). 
"(4) Administrative Order Number 14 (3)(a)(2) provides that 'except for the exclusive assignment of criminal and juvenile division cases, cases in other subject-matter divisions should not be exclusively assigned to particular judges absent extraordinary reasons which must be set out in the circuit's administrative plan.' The plans submitted by the 2nd, 5th, 6th, and 12th judicial circuits provide for particular judges to exclusively hear domestic relations and probate cases, but the plans fail to set out the extraordinary reasons for such assignments. Accordingly, these plans are remanded, and the above listed circuits are directed to furnish the Court with the required explanation or to submit a modified plan. 
"(5) The plan submitted by the 3rd judicial circuit provides that one judge 'will primarily hear equity cases.' We have made clear that cases cannot be assigned based upon a law/equity dichotomy; consequently, this plan is remanded with directions to correct this flaw. 
"The plans submitted by the 1st judicial circuit and the 6th judicial circuit as it relates to case assignments in Perry County have a troubling feature. Each provides for the open assignment of certain cases as opposed to the assignment of each case to a particular judge. We understand the reasons for this practice, but these judicial circuits should work toward assigning each case to a judge. In the future, plans may not be approved with this open assignment feature. 
"Finally, we announce that it is the Court's belief that rotation of judges in those instances where judges are exclusively assigned to criminal or juvenile cases may be desirable. The possibility of 'burn-out,' as well as a desire to diversify, are factors worthy of consideration. Administrative judges and all circuit judges should be cognizant of this consideration as plans are prepared in the future. Hopefully, the wishes of colleagues will be addressed, but the Court will consider the possible need for rotation in specific instances, as well as any necessary amendment to Administrative Order Number 14. 
"Pursuant to Administrative Order Number 14, approved plans shall be effective January 1, 2004." 

 

Order 15. Attorney Qualifications and Standards

Section 1. Qualifications for attorneys appointed by the court to represent children and indigent parents in dependency-neglect cases.

Rules text
a.  An attorney shall be licensed and in good standing with the Arkansas Supreme Court. 
    b.(1)  Prior to appointment, an attorney shall have initial education to include approved legal education of not less than 10 hours in the two years prior to the date an attorney qualifies as a court-appointed attorney for children or indigent parents in dependency-neglect cases. Initial training must include: 

   Child development; 

   Dynamics of abuse and neglect; 

   Attorney roles & responsibilities, including ethical considerations; 

   Relevant state law, federal law, case law, and rules; 

   Family dynamics, which may include but is not limited to, the following topics: substance abuse, domestic violence and mental health issues; and 

   Division of Children and Family Services (DCFS) policies and procedures. 

   Additional initial legal education may include, but is not limited to: 

   Grief and attachment; 

   Custody and visitation; 

   Resources and services; and 

   Trial and appellate advocacy. 
    (2)  The Administrative Office of the Courts (AOC) shall design and conduct programs for the initial 10 hours of legal education, either alone or in collaboration with other agencies or entities. 
    (3)  Following completion of the initial 10 hours of legal education, continuing legal education (CLE) shall include at least 4 hours per year related to representation in dependency-neglect cases which may include, but is not limited to, the subject categories listed in (b)(1). The 4 hours of CLE may be in any one of the specified categories in (b)(1) or in any combination thereof. 
    (4)  Both the initial 10 hours of education and the 4 hours of CLE shall be certified in accordance with the rules and regulations promulgated by the Continuing Legal Education Board. All educational hours shall be calculated with reference to the CLE reporting period of July 1 through June 30, as utilized for general CLE credit by the Continuing Legal Education Board. The CLE hours for attorneys may not be carried over from one CLE year to the next. 
    (5)  An attorney who is qualified for court appointment in dependency-neglect cases but who fails to acquire 4 hours of CLE required by June 30 of any year shall be subject to the pertinent compliance dates of Rule 5.(D) of the Arkansas Rules and Regulations for Minimum Continuing Legal Education. In accordance with Rule 5.(D), attorneys who sign an acknowledgment deficiency by August 31, and obtain their 4 hours by December 1 shall remain qualified. However, such attorneys shall not be subject to the provisions of Section 5 of the Regulations for Minimum Continuing Legal Education. 
    (6)  When an attorney is seeking to complete the 4-hour CLE requirement between June 30 and December 1 for the previous CLE year, he or she may remain as attorney on any pending cases for which appointment was made when the attorney was in compliance with the educational requirements. However, that attorney shall not accept appointment to any new cases until he or she is in full compliance with the CLE requirements. 
    (7)  An attorney who fails to complete 4 hours of CLE by December 1 is no longer qualified for court appointment in dependency-neglect cases. His or her name shall be removed from the list of qualified attorneys that is maintained and distributed to the trial courts by the AOC. Such attorney can become qualified again only by completing 10 hours of CLE in the categories required for initial qualification. 
    (8)  Attorneys in compliance with the educational qualifications as an attorney ad litem for dependency-neglect cases as of July 1, 2001 shall be deemed to have met the initial educational qualifications to represent parents in dependency-neglect cases. 
    c.  Clinical prerequisite for new appointments in dependency-neglect cases.  
    (1)  Attorneys ad litem: Assistance in representation of a child with an experienced attorney in the following hearings: 

   Emergency; 

   Adjudication/Disposition; 

   Review; 

   Permanency Planning; and 

   Termination of Parental Rights. 
    (2)  Parent counsel: Assistance in representation of a parent with an experienced attorney in the following hearings: 

   Emergency; 

   Adjudication/Disposition; 

   Review; 

   Permanency Planning; and 

   Termination of Parental Rights. 

Section 2. Standards of practice for attorneys ad litem in dependency-neglect cases.

Rules text
a.  An attorney ad litem shall conduct personally or in conjunction with a trained Court Appointed Special Advocate (CASA) volunteer an independent investigation consisting of review of all relevant documents and records including but not limited to: police reports, DCFS records, medical records, school records, and court records. The ad litem shall interview the child, and in conjunction with a trained CASA volunteer, when one has been appointed, shall interview the parents, foster parents, caseworker, service providers, school personnel and others having relevant knowledge to assist in representation. Continuing investigation and regular contact with the child are mandatory. 
    b.  An attorney ad litem shall determine the best interest of a child by considering such factors as the child's age and sense of time, level of maturity, culture and ethnicity, degree of attachment to family members including siblings; as well as continuity, consistency, and the child's sense of belonging and identity. 
    c.  An attorney shall make earnest efforts to attend all case staffings and court-ordered mediation conferences and to meet with his or her client prior to every hearing. An attorney ad litem shall appear at all hearings to represent the best interest of the child. All relevant facts should be presented to the court and if the child's wishes differ from the ad litem's determination of the child's best interest, the ad litem shall communicate the child's wishes to the court. 
    d.  An attorney ad litem shall explain the court proceedings and the role of the ad litem in terms that the child can understand. 
    e.  An attorney ad litem shall advocate for specific and appropriate services for the child and the child's family. 
    f.  An attorney ad litem shall monitor implementation of case plans and court orders. 
    g.  An attorney ad litem shall file appropriate pleadings on behalf of the child. 
    h.  An attorney ad litem shall review the progress of the child's case and shall advocate for timely hearings. 
    i.  An attorney ad litem shall request orders that are clear, specific, and, where appropriate, include a time line for assessment, services, placement, treatment and evaluation of the child and the child's family. 
    j.  Attorney-client or any other privilege shall not prevent the ad litem from sharing all information relevant to the best interest of the child with the court. 
    k.  An attorney ad litem, functioning as an arm of the court, is afforded immunity against ordinary negligence for actions taken in furtherance of his or her appointment. 
    l.  An attorney ad litem shall participate in 10 hours of initial legal education prior to appointment and shall participate in 4 hours of CLE each year thereafter. 
    m.  An attorney ad litem shall identify any potential or actual conflict of interest that would impair his or her ability to represent a client. The attorney shall notify the court as soon as practical of such conflict to allow the court to appoint another attorney for the client or for the client to retain counsel prior to the next hearing. 
    n.  A full-time attorney shall not have more than 75 dependency-neglect cases, and a part-time attorney shall not have more than 25 dependency-neglect cases. Any deviations from this standard must be approved by the Administrative Office of the Courts which shall consider the following, including but not limited to: the number of counties and geographic area in a judicial district, the experience and expertise of the attorney ad litem, area resources, the availability of CASA volunteers, the attorney's legal practice commitments and the proportion of the attorney's practice dedicated to representing children in dependency-neglect cases, the availability of qualified attorneys in the geographic area, and the availability of funding. An attorney who is within 5 cases of reaching the maximum caseload shall notify the Administrative Office of the Courts and the Juvenile Division Judge. 
    o.  An attorney shall not accept appointment of any case for which he or she cannot devote the requisite amount of time to comply with the above Standards of Practice and the Model Rules of Professional Conduct. 

Section 3. Standards of practice for attorneys appointed by the court to represent parents in dependency-neglect cases.

Rules text
a.  An attorney shall conduct a review of all relevant documents and records including but not limited to: police reports, DCFS records, medical records, and court records. An attorney shall interview all people having relevant knowledge to assist in representation, including but not limited to the investigator, OCC attorney or DCFS case worker, and service providers. 
    b.  An attorney shall make earnest efforts to attend all case staffings and court-ordered mediation conferences and to meet with his or her client prior to every hearing. An attorney shall attend all dependency-neglect court hearings until the case is closed or his or her client's parental rights have been terminated. 
    c.  An attorney shall diligently and zealously protect and advance the client's interests, rights and goals at all case staffings and in all court proceedings. 
    d.  An attorney shall advise and explain to the client each stage of the court proceedings and the likelihood of achieving the client's goals. An attorney, where appropriate, shall identify alternatives for the client to consider, including the client's rights regarding any possible appeal, and explain the risks, if any, inherent in the client's position. 
    e.  An attorney shall appear at all hearings and present all evidence and develop all issues to zealously advocate for his or her client and to further the client's goals. 
    f.  An attorney shall advocate for specific and appropriate services for the parent to further the client's goals. 
    g.  An attorney shall monitor implementation of case plans and court orders to further the client's goals. 
    h.  An attorney shall file appropriate pleadings to further the client's goals. 
    i.  An attorney shall review the progress of the client's case and shall advocate for timely hearings when necessary to further the client's goals. 
    j.  An attorney shall request orders that are clear, specific, and, where appropriate, include a time line for assessment, services, placement, and treatment. 
    k.  An attorney shall participate in 10 hours of initial legal education prior to appointment and shall participate in 4 hours of CLE each year thereafter. 
    l.  An attorney shall identify any potential or actual conflict of interest that would impair his or her ability to represent a client. The attorney shall notify the court as soon as practical of such conflict to allow the court to appoint another attorney for the client or for the client to retain counsel prior to the next hearing. 
    m.  An attorney shall not accept appointment of any case for which he or she cannot devote the requisite amount of time to comply with the above Standards of Practice and the Model Rules of Professional Conduct. 

Section 4. Qualifications for attorneys appointed by the court to represent children in domestic relations cases and guardianship cases when custody is an issue.

Rules text
a.  An attorney shall be licensed and in good standing with the Arkansas Supreme Court. 
    (1)  Prior to appointment, an attorney shall have initial education to include approved legal education of not less than 10 hours in the two years prior to the date the attorney qualifies for appointment. Initial education shall include but is not limited to: 

      Child development; 

      Ad litem roles and responsibilities, including ethical considerations; 

      Relevant substantive state, federal and case law; 

      Custody and visitation; and 

  Family dynamics, including substance abuse, domestic abuse, and mental health issues.  
    (2)  The Administrative Office of the Courts shall design and conduct programs for the initial 10 hours of legal education, either alone or in collaboration with other agencies or entities. 
    (3)  Continuing education required to maintain qualification as an attorney ad litem shall include 4 hours of annual education in any of the five subject-matter areas set out in (b)(1) above for initial training, or in other areas affecting the child and family. The 4 hours of CLE may be in any one of the specified categories or in any combination thereof. 
    (4)  Both the initial 10 hours of education and the 4 hours of CLE shall be certified as CLE in accordance with the rules and regulations promulgated by the Continuing Legal Education Board. All educational hours shall be calculated with reference to the CLE reporting period of July 1 through June 30, as utilized for general CLE credit by the Continuing Legal Education Board. The CLE hours for attorneys ad litem may not be carried over from one CLE year to the next. 
    (5)  An attorney who is qualified as an attorney ad litem but who fails to acquire 4 hours of CLE by June 30 of any year shall be subject to the pertinent compliance dates of Rule 5.(D) of the Arkansas Rules and Regulations for Minimum Continuing Legal Education. In accordance with Rule 5.(D), attorneys who sign an acknowledgment of deficiency and obtain their four hours by December 1 shall remain qualified as attorneys ad litem. However, such attorneys shall not be subject to the provisions of Section 5 of the Regulations for Minimum Continuing Legal Education. 
    (6)  When an attorney ad litem is seeking to complete the 4-hour continuing education requirement between June 30 and December 1 for the previous CLE year, he or she may remain as attorney ad litem on any pending cases for which appointment was made when the attorney was in compliance with educational requirements. However, that attorney shall not accept appointment to any new cases until he or she is in full compliance with the CLE requirements. 
    (7)  An attorney who fails to complete 4 hours of CLE by December 1 is no longer qualified as an attorney ad litem. His or her name shall be removed from the list of qualified attorneys that is maintained and distributed to the trial courts by the AOC. Such attorney can become qualified again only by completing 10 hours in the categories required for initial qualification. 

Section 5. Standards of practice for attorneys ad litem in domestic relations cases and guardianship cases when custody is an issue.

Rules text
a.  An attorney ad litem shall conduct an independent investigation consisting of review of all relevant documents and records. The ad litem shall interview the child, parents, and others having relevant knowledge to assist in representation. Continuing investigation and regular contact with the child during the pendency of the action are mandatory. Upon entry of a final order, the attorney ad litem's obligation to represent the minor child shall end, unless directed otherwise by the court. 
    b.  An attorney ad litem shall determine the best interest of a child by considering such custody criteria as: 
    (1)  Moral fitness factors: integrity, character, compassion, sobriety, religious training and practice, a newly acquired partner regarding the preceding elements; 
    (2)  Stability factors: emotional stability, work stability, financial stability, residence and school stability, health, partner stability; 
    (3)  Love and affection factors: attention given, discipline, attitude toward education, social attitude, attitude toward access of the other party to the child, and attitude toward cooperation with the other party regarding the child's needs; 
    (4)  Other relevant information regarding the child such as stated preference, age, sex, health, testing and evaluation, child care arrangements; and regarding the home such as its location, size, and family composition. 
    c.  An attorney ad litem shall appear at all hearings to represent the best interest of the child. All relevant facts should be presented to the court and if the child's wishes differ from the ad litem's determination of the child's best interest, the ad litem shall communicate the child's wishes to the court, as well as the recommendations of the ad litem. 
    d.  An attorney ad litem shall file appropriate pleadings on behalf of the child, call witnesses, participate fully in examination of witnesses, present relevant evidence, and advocate for timely hearings. 
    e.  An attorney ad litem shall explain to the child the court proceedings and the role of the ad litem in terms that the child can understand. 
    f.  An attorney ad litem shall make recommendations to the court for specific and appropriate services for the child and the child's family. All recommendations shall likewise be communicated to the attorneys for the parties, or if a party is pro se, then to the party. 
    g.  An attorney ad litem shall not be prevented by any privilege, including the lawyer-client privilege, from sharing with the court all information relevant to the best interest of the child. 
    h.  An attorney shall not accept appointment to any case for which he or she cannot devote the requisite amount of time to comply with these standards of practice and the Model Rules of Professional Conduct. 

History
History. Adopted September 21, 2001

 

Order 16. Procedures Regarding the Assignment of Judges

Section I. Authority and scope.

Rules text
Pursuant to Ark. Const. Amend. 80, §§ 4, 12, and 13; Ark. Code Ann. §§ 16-10-101 (Repl. 1999), 16-13-214 (Repl. 1999), 16-13-312 (Repl. 1999), and this Court's inherent rule-making authority, the Court adopts and publishes Administrative Order Number 16: Procedures Regarding the Assignment of Circuit, District, and Retired Judges and Justices. 

   This Order authorizes the Chief Justice or his designee to assign sitting circuit court judges or retired circuit, chancery, circuit/chancery, and appellate court judges and justices, with their consent, to serve temporarily in circuit court. Active circuit judges are hereby authorized to sit in a judicial circuit other than the one in which they are currently elected or appointed. Retired judges or retired justices are those who, at the time of assignment, are receiving or have met the statutory requirements to receive judicial retirement benefits. 

   This order also authorizes the Chief Justice or designee to assign active, full-time district court judges, with their consent, to serve temporarily in a district court. Active, full-time district judges are hereby authorized to sit on assignment in a city, county or district other than the one to which they are currently elected or appointed. Active circuit judges and retired circuit, chancery, circuit/chancery, or appellate judges are also authorized, with their consent, to sit temporarily in district courts, upon appointment by the Chief Justice or designee. 

   By adoption of this Order, the Court does not prohibit, and in fact, the Court encourages the use of Exchange Agreements by circuit judges or district judges pursuant to Ark. Const. amend. 80, §§ 6(C) and 7(E); Ark. Code Ann. § 16-13-402 & -403 (Repl. 1999); § 16-17-102 (Repl. 1999), and the use of "special judges" as provided by Ark. Const. amend. 80, §  13(C); Ark. Code Ann. § 16-17-210 (Repl. 1999); and Administrative Order Number 1. 

Section II. Bases for assignment.

Rules text
A.  Disqualification pursuant to Arkansas Code of Judicial Conduct; 1  or

 1 Am. 80, Sec. 12; Canon 3E of the Code of Judicial Conduct. 

 
    B.  Temporary inability to serve; 2  or 

2 Am. 80, Sec. 13. 

    C.  Other need as determined by the Chief Justice. 

 

Section III. Request for assignment.

Rules text
Circuit Courts: A trial judge requesting that a judge be assigned shall write a letter to the Chief Justice asking that an assignment be made pursuant to one or more of the bases set forth in Section II. In cases of disqualification in judicial circuits with more than one judge, all judges in the circuit must disqualify before an assignment will be made. The last judge in the circuit to recuse in a matter is responsible for writing the letter of request, sufficient in detail to inform the Chief Justice of the following: 
    A.  the type of case involved; 
    B.  the facts or law in dispute; 
    C.  whether a temporary hearing is scheduled or necessary; 
    D.  the estimated time to hear the matter; 
    E.  the names of the attorneys representing the parties; and 
    F.  other pertinent information to assist the Chief Justice in making an assignment. 

   District Courts: A district court judge requesting that a judge be assigned shall follow the same procedure as set out for circuit courts above, except for the requirement pertaining to the disqualification of all judges in multiple-judge circuits. A request shall include the same information pertinent to a case as set out above for circuit court cases. 

   Circuit or District Courts: A judge or judges recusing because of disqualification shall take no further action in a case after assignment, except that the judge requesting an assignment shall direct his or her staff to notify the attorneys or pro se litigants of the assignment and to accommodate, to the extent possible, an assigned judge regarding facilities and staff, when necessary, to carry out the assignment. 

Section IV. Considerations in making assignments.

Rules text
Issues which will be considered in selecting a judge to be assigned include, but are not limited to: 
    A.  the type and complexity of the case; 
    B.  the amount of time estimated for the assignment; 
    C.  the geographic location of the case and the proximity of the assigned judge; and 
    D.  the consent of the sitting judge or retired judge or justice selected. 

   Under no circumstances shall a judge, a lawyer, or a party seek to influence the decision of the Chief Justice in making an assignment. 

Section V. Assigned judges' power to sign documents.

Rules text
A circuit judge or a retired judge assigned to a cause or matter may render or sign orders, judgments, documents, or other papers in that cause or matter in a geographic location other than the judicial circuit in which the cause or matter is pending. Such order, judgment, document, or other paper shall have the same effect, for all intents and pu