Title 16, Practice, Procedure, And Courts

(a) It is hereby found by the General Assembly that the current system of funding the state judicial system has created inequity in the level of judicial services available to the citizens of the state. It is further determined that the current method of financing the state judic…

(a) Except as otherwise provided by this act, all filing fees and all court costs shall be uniform for each type of case in all general and limited jurisdiction courts of this state. (b) In all cases filed in such courts on or after July 1, 1995, the court costs and filing fees s…

Prosecuting attorneys filing actions on behalf of the state, with the exception of child support cases, shall be exempt from paying filing fees.

(a) There shall be levied and collected the following court costs from each defendant upon each conviction, each plea of guilty or nolo contendere, or each forfeiture of bond:(1) In circuit court, one hundred fifty dollars ($150) for a misdemeanor or felony violation of state law…

(a) There is created in the Department of Finance and Administration an Administration of Justice Funds Section. (b) The court costs and filing fees enumerated in §§ 16-10-305, 16-17-705, and 21-6-403, which are assessed and collected in the district courts and circuit courts in …

(a) There is hereby created in each county a fund in the office of the county treasurer to be known as the “county administration of justice fund”. (b) The county administration of justice fund shall be used to defray a part of the expenses of the administration of justice in the…

(a) (1) There is hereby created in each town or city which operates a district court a fund in the office of the city treasurer to be known as the “city administration of justice fund”.(2) (A) A town or city operating a city court that becomes a department of district court shall…

(a) In the event a town, city, or county fails to timely or adequately submit funds and reports required by § 16-10-306, § 16-10-307(e), § 16-10-308(e), or other state law requiring a town, city, or county to submit funds and reports to the Administration of Justice Funds Section…

(a) At the close of books on or before the twentieth working day of each month, the Department of Finance and Administration shall distribute revenue credited to the State Administration of Justice Fund and received for the previous month as provided in this section. (b) The reve…

The Department of Finance and Administration may transfer funds, from time to time, from the State Administration of Justice Fund to the State Central Services Fund in such amounts as may be required to reimburse the State Central Services Fund for expenses of the Administration …

Notwithstanding §§ 16-10-306, 16-10-307, 16-10-603, 16-10-604, and 19-26-275 or any other law to the contrary, twenty-five dollars ($25.00) of the uniform filing fee collected in circuit court under § 21-6-403(b)(1) shall be deposited into the State Treasury as special revenues t…

(a) Notwithstanding §§ 16-10-306, 16-10-307, 16-10-603, 16-10-604, and 19-26-275 or any other law to the contrary, fifteen dollars ($15.00) of the uniform filing fee collected in circuit court under § 21-6-403(b)(1) shall be deposited as follows:(1) Fifty percent (50%) of the rev…

The word “judge” in this subchapter means anyone, whether or not a lawyer, who is an officer of the judicial system performing judicial functions, including an officer such as a referee, special master, court commissioner, or magistrate, whether full-time or part-time.

(a) There is hereby established a commission to be known as the Judicial Discipline and Disability Commission, hereinafter referred to as the “commission”, consisting of nine (9) members, each of whom shall be residents of Arkansas, and shall be appointed as follows:(1) Three (3)…

(a) The Judicial Discipline and Disability Commission shall employ a director and such additional professional and clerical staff as may be authorized, from time to time, by appropriation passed by the General Assembly. (b) Effective July 1, 1994, the Director of the Judicial Dis…

(a) The Judicial Discipline and Disability Commission shall initiate or shall receive information, conduct investigations and hearings, and make recommendations to the Supreme Court concerning:(1) Allegations of judicial misconduct;(2) Allegations of physical or mental disability…

The Supreme Court shall adopt rules with regard to all matters of Judicial Discipline and Disability Commission operations and all disciplinary and disability proceedings and promulgate rules of procedure.

Members of the Judicial Discipline and Disability Commission, referees, commission counsel, and staff shall be absolutely immune from suit for all conduct in the course of their official duties.

Grounds for leave consist of a temporary physical or mental incapacity which impairs the ability of the judge to substantially perform the duties of his or her judicial office and which exists or is likely to exist for a period of one (1) year or less. Leave cannot be granted to …

(1) A judge may be suspended by the Supreme Court with pay:(1) While a recommendation to the Supreme Court by the Judicial Discipline and Disability Commission for his or her removal or involuntary disability retirement is pending; or(2) When articles of impeachment have been vot…

(a) (1) A judge shall be suspended from office with pay by the Supreme Court if:(A) An indictment or information charges the judge in any court in the United States with a crime punishable as a felony under the laws of Arkansas or the United States or with any other offense that …

(a) The grounds for removal conferred by this subchapter shall be both alternative and cumulative to the power of impeachment provided by the Arkansas Constitution and removal otherwise provided by law. (b) A judge may be removed from office on any of the following grounds:(1) Co…

The granting of leave, suspension, with or without pay, removal, or involuntary disability retirement pursuant to this subchapter shall create a vacancy in the judicial office.

(a) The Arkansas Judicial Council, hereinafter referred to as the “council”, is authorized and directed to develop criteria for new judgeships or redistricting of the circuit court districts of this state and to make recommendations to the regular session, fiscal session, or spec…

(a) It is hereby found by the General Assembly that the current system of funding the state judicial system has created inequity in the level of judicial services available to the citizens of the state. It is further determined that, with the passage and implementation of Acts 19…

(a) Pursuant to § 16-10-307(c), a county may retain a portion of the uniform court costs and filing fees collected and deposited into the county administration of justice fund. (b) On or before the first day of October of each year, the Department of Finance and Administration sh…

(a) (1) Pursuant to § 16-10-307, each county is to create a county administration of justice fund.(2) Each county treasurer should deposit into the fund:(A) All receipts from the collection of uniform filing fees established by § 21-6-403 which are collected by the circuit clerk,…

(a) (1) Pursuant to § 16-10-308, each town or city which operates a district court is to create a city administration of justice fund.(2) (A) Any town or city operating a city court that becomes a department of district court shall continue to maintain the city administration of …

(a) As used in this section:(1) “Pre-adjudication” means the period of time after:(A) The prosecuting attorney files a criminal information or an indictment is filed in circuit court;(B) The person named in the criminal information or indictment is arraigned on the charge in circ…

As authorized by § 16-13-3302, in the absence or unavailability of the trial court administrator the circuit judge may temporarily employ the services of a substitute trial court administrator if the temporary employment is essential to prevent a disruption of the business of the…

(a) When a circuit judge temporarily employs a substitute trial court administrator, the circuit judge may certify to the Administrative Office of the Courts upon forms prepared by the office that he or she has temporarily employed a substitute trial court administrator and that …

(a) The Administrative Office of the Courts may pay from funds specifically appropriated for this purpose a substitute trial court administrator for the services furnished to the circuit judge under this subchapter. (b) The substitute trial court administrator shall be paid at th…

(a) If a substitute trial court administrator is employed for a period that extends beyond the normal payroll period for the position, the Administrative Office of the Courts shall make an interim disbursement of the salary that has accrued during that period. (b) In any one (1) …

This chapter does not preclude or prohibit any circuit judge from obtaining payment for the services of a substitute trial court administrator from the county or counties composing the circuit judge's judicial district rather than from the Administrative Office of the Courts.

(1) As used in this subchapter, “retired judge” means a former:(1) Circuit court judge, chancery court judge, circuit-chancery court judge, Court of Appeals judge, or Supreme Court justice, receiving benefits under the Arkansas Judicial Retirement System; and(2) Municipal court j…

(a) A retired judge appointed by the Chief Justice of the Supreme Court as a special judge under Arkansas Constitution, Amendment 80, and the rules prescribed by the Supreme Court shall receive compensation, in addition to his or her retirement benefits, at one-half (½) the rate …

The judge or justice shall not be entitled to a change in membership status or to any increase, decrease, or other modification to his or her retirement benefits as a result of his or her service after retirement.

In addition to the per diem compensation provided by this subchapter, a special judge serving under Arkansas Constitution, Amendment 80, shall receive expenses and mileage reimbursement from the appropriation provided to the Auditor of State for special and recalled judges for th…

(a) Per diem compensation prescribed in § 16-10-902 shall be for each day or portion of a day the judge serves on the bench. (b) For each day or portion of a day that a special judge appointed under Arkansas Constitution, Amendment 80, performs his or her judicial duties other th…