Title 16, Practice, Procedure, And Courts

(a) There is hereby created the Capital, Conflicts, and Appellate Office to represent indigent defendants when the death penalty is sought and the trial public defender's office is unable to represent the defendant for the reasons set forth in subdivision (c)(1)(A) of this sectio…

(a) On an interim basis in complex cases or at the conclusion of each case, the appointed attorney shall submit his or her bill to the appointing court, which shall issue an order authorizing compensation. (b) (1) An application for compensation shall be submitted to the Arkansas…

(a) (1) The Arkansas Public Defender Commission is authorized to pay for certain expenses regarding the defense of indigents.(2) (A) The expenses shall include, but shall not necessarily be limited to, fees for counsel appointed by the court, expert witnesses, temporary investiga…

(a) (1) (A) Any person charged with an offense punishable by imprisonment who desires to be represented by an appointed attorney shall file with the court in which the person is charged a written certificate of indigency.(B) The certificate of indigency shall be in a form approve…

(a) A trial public defender or a deputy trial public defender shall not:(1) Receive any funds, services, or other thing of monetary value, directly or indirectly, for the representation of an indigent person pursuant to court appointment, except the compensation authorized by law…

(1) There is hereby created the Trial Public Defender Office within the Arkansas Public Defender Commission, to be composed as follows:(1) The Trial Public Defender Office shall supervise the development and operations of each of the components of the Arkansas trial public defend…

(a) (1) The State of Arkansas and the county may file a civil action for recovery of money expended in the representation of a person who is determined by a court not to have been indigent at the time expenditures were made.(2) Suit shall be brought within three (3) years after t…

(a) As used in this section:(1) “Early disposition” means a disposition that occurs within sixty (60) days of the date of the person's arrest or before the state files a criminal information, whichever occurs sooner; and(2) “Extended matter” means a case that involves legal proce…

(a) It is the intent of the General Assembly in the transition to a state-funded public defender system to provide an appropriate and adequate level of legal representation to indigent persons in all areas of the state. It is recognized by the General Assembly that in many areas …

(a) The Arkansas Public Defender Commission shall be responsible for the payment of the following:(1) The salaries of public defenders;(2) The salaries of secretaries and other support staff of the public defender's office; and(3) The payment of the costs of certain expenses, as …

(a) Each person selected as a public defender shall be:(1) Licensed to practice law in the State of Arkansas; and(2) Experienced in the defense of criminal cases. (1) Licensed to practice law in the State of Arkansas; and (2) Experienced in the defense of criminal cases. (b) (1) …

(a) There shall be created within the Arkansas Public Defender Commission a number of positions, including chief public defenders, public defenders, investigators, and secretaries. (b) (1) The commission shall allocate positions to each county or judicial district based on an app…

(a) The entry level salaries of public defenders and public defender staff positions shall be consistent with that established by the state pay plan for the appropriate grade of each position. (b) The public defenders and public defender staff positions shall be subject to the Un…

(1) The public defender in each judicial district shall have the following duties:(1) (A) To defend indigents within the district as determined by the circuit, municipal, or juvenile courts in the district in all:(i) Felony, misdemeanor, juvenile, guardianship, and mental health …

(a) If a court determines that a conflict of interest exists between an indigent person and a public defender, the case shall be reassigned as follows:(1) If there is within the county or judicial district another public defender, the appointment of whom would not create a confli…

(a) The jurisdiction of the various courts of this state for the trial of offenses shall be as follows:(1) The Senate shall have exclusive jurisdiction of impeachment;(2) The Supreme Court shall have general supervision and control over all inferior courts in criminal cases;(3) T…

The circuit court of any county or the judge thereof, exercising jurisdiction in vacation, may by writ of prohibition restrain all other inferior courts in the limits of the county from exceeding their criminal jurisdiction.

It shall be presumed upon trial that the offense charged was committed within the jurisdiction of the court, and the court may pronounce the proper judgment accordingly unless the evidence affirmatively shows otherwise.

(a) The jurisdiction of the Senate and Supreme Court embraces the whole state. (b) The local jurisdiction of circuit courts shall be of offenses committed within the respective counties in which they are held. (c) The local jurisdiction of district courts shall be of offenses com…

(a) The criminal jurisdiction of the State of Arkansas is extended as follows:Beginning at a point where the north boundary line of Arkansas intersects the west bank of the Mississippi River and extending east along a line in extension of and parallel to the said north boundary o…

(a) The criminal jurisdiction of the State of Arkansas is extended as follows:Beginning at a point where the north boundary line of Arkansas intersects the west meander line of the St. Francis River and running east on an extension of the north boundary line to the meander line o…

(a) When any offense may be committed on the boundary of two (2) counties or where the person committing the offense may be on one side and the injury is done on the other side of the boundary, the indictment may be found and the trial and conviction thereon had in either of the …

(a) Where the offense consists of importing any property into the state, the jurisdiction shall be in any county into which the offender imports the property. (b) Whenever two (2) or more counties have jurisdiction of the same offense by this section, the county in which the defe…

(a) Where the offense consists of kidnapping, seizing, or confining a person without lawful authority, the jurisdiction shall be in the county in which the kidnapping, seizing, or confining was committed, or in any county in which it was continued. (b) Whenever two (2) or more co…

When any offense may have been committed within this state on board any steamboat, flatboat, keelboat, or other vessel in the course of any voyage or trip, an indictment for the offense may be found and a trial and conviction on the offense had in any county through which or any …

If any wound or mortal injury is inflicted on any human being in this state, who shall die thereof in another state or country, whether the state or country is within the jurisdiction of the United States or not, an indictment may be found. A trial and conviction thereon may be h…

(a) When any person is liable to be prosecuted as the receiver of any personal property that may have been feloniously stolen, taken, or embezzled, he or she may be indicted, tried, and convicted in any county where he or she received or had the property, notwithstanding that the…

(a) An indictment against any accessory to any felony may be found in any county where the offense of the accessory may have been committed, notwithstanding the fact that the principal offense may have been committed in another county. (b) The like proceedings shall be had therei…

(a) This section shall be known and may be cited as “Katie's Law”. (b) When any sexual offense, as defined by § 5-14-101 et seq., is committed against any person who at the time of the sexual offense was traveling within this state by private motor vehicle, common carrier, waterc…

All traffic citations issued within the boundaries of a town or city of this state which has a district court shall be placed on the docket of the district court of that town or city, unless the presiding judge of that court authorizes a transfer to another court exercising juris…

Any criminal cause pending in any circuit court may be removed by the order of the court, or by the judge thereof in vacation, to the circuit court of another county whenever it shall appear, in the manner provided in this subchapter, that the minds of the inhabitants of the coun…

When there are several defendants in any indictment or criminal prosecution and the cause of the removal of the defendants exists only as to one (1) or more of them, the other defendants shall be tried and all proceedings had against them in the county in which the case is pendin…

Only one (1) change of venue shall be granted in any criminal case or prosecution.

(a) (1) The application of the defendant for an order of removal shall be by petition setting forth the facts on account of which the removal is requested. The truth of the allegations in the petition shall be supported by the affidavits of two (2) credible persons who are qualif…

(a) When the order is made, the defendant, if not in custody and the offense charge is bailable, shall enter into recognizance with sufficient security for his or her appearance to answer the charges in the court to which the cause is to be removed, on the first day of the next t…

(a) If the defendant is in actual custody, the court or judge granting the order of removal shall also make an order commanding the sheriff to remove the body of the defendant to the jail of the county into which the cause is to be removed and deliver the defendant to the keeper …

In no case shall a second removal of the same cause be allowed.

(a) When the order of removal is made in term time, it shall be deemed a notice to every person who has entered into recognizance to appear at the term. (b) In all other cases, the notice shall be given in writing, signed by the prosecuting attorney or the clerk of the court, and…

(a) Whenever any order shall be made for the removal of any cause under the provisions of this subchapter, the clerk of the court in which the cause is pending shall make out a full transcript of the records and proceedings in the cause, including the order of removal, the petiti…

The defendant and all witnesses, and others who shall have entered into recognizance to attend the trial of any cause, having notice of the removal thereof, shall be bound to attend at the time and place of trial in the county to which the cause is so removed. A failure to do so …

When any person shall be indicted in any county in this state and an order shall be made for a change of venue to any other county in this state, and the defendant has been admitted to bail and a forfeiture has been taken upon the bond and judgment rendered thereon by the court o…

The costs and expenses necessarily incurred in the removal of any cause under the provisions of this subchapter shall be adjusted and allowed by the court where the cause is tried and shall be taxed and collected as other costs in the cause.

(a) Whenever a change of venue is taken in any cause from one county to another as provided by law, the county from which the change of venue is taken shall be liable for all costs for which counties are liable under existing laws, and the county to which the change of venue is t…

If any clerk of the circuit court shall neglect or refuse to perform any duty in relation to the removal of a cause enjoined on him or her by the provisions of §§ 16-88-201 — 16-88-210, 16-88-212, and 16-88-214, he or she shall forfeit and pay any sum not exceeding five hundred d…

(a) (1) When any circuit court is duly convened for a regular term, the court shall remain open for all criminal proceedings until its next regular term and may be in session at any time the judge thereof may deem necessary. However, no session shall interfere with any other cour…

(a) When two (2) or more defendants are jointly indicted for a misdemeanor, they may be tried jointly or separately in the discretion of the court. (b) No trial on an indictment against two (2) or more defendants shall be delayed because some of the defendants have not been arres…