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Justices of the Arkansas Supreme Court |
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| From Left to Right: Associate Justice Jim Gunter; Associate Justice Robert L. Brown; Associate Justice Tom Glaze (retired 2008; succeeded by appointee Elana Cunningham Wills, through December 31, 2010); Chief Justice Jim Hannah; Associate Justice Donald L. Corbin; Associate Justice Annabelle Clinton Imber; Associate Justice Paul E. Danielson. | |||||||
Arkansas became the 25th state of the United States in 1836. Under the state's first constitution, the Arkansas Supreme Court was composed of three judges including one Chief Justice. The Arkansas General Assembly elected the judges. Daniel Ringo, Townsend Dickinson, and Thomas J. Lacy were selected to serve as the first Arkansas Supreme Court judges. Mr. Ringo became the first Chief Justice.
The state's current constitution, ratified in 1874, provided for three Arkansas Supreme Court judges. The Arkansas Constitution of 1874 was amended in 1924 to provide for five Arkansas Supreme Court judges. Amendment 9 also allowed the Arkansas General Assembly to increase the number to seven judges, which it did by Act 205 of 1925.
The jurisdiction and power of the Arkansas Supreme Court is controlled by Article 7, § 4 of the Arkansas Constitution. Under this section, the Arkansas Supreme Court generally has only appellate jurisdiction, meaning it typically hears cases that are appealed from trial courts. The Arkansas Supreme Court also has general superintending control over all inferior courts of law and equity. Until this year, Arkansas remained one of the few states with separate courts for law (circuit court) and for equity (chancery court). In November, 2000, the 80th amendment to the Arkansas Constitution was approved by the voters of Arkansas. See the Amendment 80 page for more information. Over the next several months, the Circuit and Chancery Courts will merge into Circuit Courts, and Municipal Courts will have county-wide jurisdiction and be renamed District Courts.
Article 7, §6 of the Arkansas Constitution describes the qualifications for a Arkansas Supreme Court judge, as follows:
A judge of the Supreme Court shall be at least thirty years of age, of good moral character, and learned in the law; a citizen of the United States and two years a resident of the State, and who has been a practicing lawyer eight years, or whose service upon the bench of any court of record, when added to the time he may have practiced law, shall be equal to eight years. The judges of the Supreme Court shall be elected by the qualified electors of the State and shall hold their offices during the term of eight years from the date of their commissions.
The seven Arkansas Supreme Court judges are elected in state-wide non-partisan races, and serve staggered terms, such that it is unlikely all members of the court would be replaced in one election. In the event a member of the court fails to serve his entire term of office, the vacancy shall be filled by appointment by the Governor of Arkansas. Ark. Const., amend. 29, §1. The appointee shall serve during the entire unexpired term in the office in which the vacancy occurs if such office would in regular course be filled at the next general election if no vacancy had occurred; otherwise, the appointee may serve until the first or second general election following appointment, depending upon the timing of that election. Id. at §4. No person appointed under Section 1 shall be eligible for appointment or election to succeed himself. Id. at §2.
The Arkansas Supreme Court's jurisdiction is described by its Rule 1-2. Any case is subject to reassignment or transfer by the Arkansas Supreme Court. Id. at (b), (d). The Arkansas Court of Appeals may seek to transfer a case to the Arkansas Supreme Court, upon requisite certification. Id. at (d). Special proceedings before the Arkansas Supreme Court are described in Article VI of its rules. Amendment 28 to the Arkansas Constitution, adopted in 1938, vests the Arkansas Supreme Court with the power to make rules regulating the practice of law and the professional conduct of attorneys at law.
All signed opinions of the Arkansas Supreme Court are designated for publication. Ark. Sup. Ct. R. 5-2(a). This website site contains the court's opinions that are designated for publication from 1994 to present, and that are not designated for publication from December, 1999 to the present. [NOTE: Opinions on this web site are not to be considered the final decisions of the court. The final, official published opinions of the Arkansas Supreme Court are those published in the bound volumes of Arkansas Reports.]
For more information on the history of the courts, see the Arkansas Courts Historical Background compiled by William B. Jones, Jr., Reporter of Decisions (1995-2006).