1 | 1 | | Stricken language would be deleted from and underlined language would be added to present law. |
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2 | 2 | | *CRH188* 3/16/2023 10:39:59 AM CRH188 |
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3 | 3 | | |
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4 | 4 | | State of Arkansas 1 |
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5 | 5 | | 94th General Assembly A Bill 2 |
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6 | 6 | | Regular Session, 2023 SENATE BILL 437 3 |
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7 | 7 | | 4 |
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8 | 8 | | By: Senator B. Davis 5 |
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9 | 9 | | 6 |
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10 | 10 | | For An Act To Be Entitled 7 |
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11 | 11 | | AN ACT TO AMEND THE LAW CONCERNING T HE FIFTH JUDICIAL 8 |
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12 | 12 | | DISTRICT; TO PROVIDE FOR AN ADDITIONAL CI RCUIT 9 |
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13 | 13 | | JUDGESHIP; AND FOR O THER PURPOSES. 10 |
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14 | 14 | | 11 |
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15 | 15 | | 12 |
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16 | 16 | | Subtitle 13 |
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17 | 17 | | TO AMEND THE LAW CONCERNING THE FIFTH 14 |
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18 | 18 | | JUDICIAL DISTRICT; AND TO PROVIDE FOR AN 15 |
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19 | 19 | | ADDITIONAL CIRCUIT JUDGESHIP. 16 |
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20 | 20 | | 17 |
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21 | 21 | | 18 |
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22 | 22 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 19 |
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23 | 23 | | 20 |
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24 | 24 | | SECTION 1. DO NOT CODIFY. Legislative findings and intent. 21 |
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25 | 25 | | (a) The General Assembly finds that the Judicial Resources Assessment 22 |
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26 | 26 | | Committee has: 23 |
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27 | 27 | | (1) Reviewed the caseloads of various judic ial districts; and 24 |
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28 | 28 | | (2) Determined that to ensure the smooth, efficient, and timely 25 |
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29 | 29 | | administration of justice, one (1) additional circuit judgeship is needed in 26 |
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30 | 30 | | the Fifth Judicial District. 27 |
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31 | 31 | | (b) It is the intent of the General Assembly that this act: 28 |
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32 | 32 | | (1) Authorizes the establishment of one (1) additional circuit 29 |
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33 | 33 | | judgeship; 30 |
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34 | 34 | | (2) Articulates the applicable election process for the 31 |
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35 | 35 | | additional circuit judge; and 32 |
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36 | 36 | | (3) Identifies various resources that will be available to the 33 |
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37 | 37 | | additional circuit judge . 34 |
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38 | 38 | | 35 |
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39 | 39 | | SECTION 2. Arkansas Code ยง 16 -13-1303 is amended to read as follows: 36 SB437 |
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42 | 42 | | |
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43 | 43 | | |
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44 | 44 | | 16-13-1303. Judges and chancellors. 1 |
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45 | 45 | | The qualified electors of the The qualified electors of the Fifth 2 |
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46 | 46 | | Judicial District shall elect : 3 |
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47 | 47 | | (1) One (1) circuit judge; 4 |
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48 | 48 | | (2) One (1) chancellor; 5 |
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49 | 49 | | (3)(A) One (1) circuit -chancery judge. 6 |
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50 | 50 | | (B)(i) Each judge of the judgeship created by subdivision 7 |
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51 | 51 | | (3)(A) of this section shall be the judge of the juvenile division of 8 |
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52 | 52 | | chancery court. 9 |
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53 | 53 | | (ii) The judge shall serve as judge of the juvenil e 10 |
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54 | 54 | | division in lieu of the judge who would otherwise be designated as judge of 11 |
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55 | 55 | | the juvenile division of chancery court in the judicial district. 12 |
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56 | 56 | | (C) The judge of the additional circuit -chancery judgeship 13 |
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57 | 57 | | created in subdivision (3)(A) of this section sha ll devote such time as may 14 |
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58 | 58 | | be required to perform the duties of judge of the juvenile division, which 15 |
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59 | 59 | | duties shall be the primary obligation of the judge, and shall sit as judge 16 |
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60 | 60 | | of the circuit, chancery, or probate court as time permits; and 17 |
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61 | 61 | | (4)(A) An additional circuit-chancery and juvenile judgeship 18 |
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62 | 62 | | which shall have jurisdiction in law, equity, and probate. 19 |
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63 | 63 | | (B) The additional judge shall be elected in the same 20 |
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64 | 64 | | manner and shall satisfy the same qualifications for holding office and shall 21 |
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65 | 65 | | receive the same salary, expenses, and other allowances as provided by law 22 |
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66 | 66 | | for judges of the circuit -chancery courts. 23 |
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67 | 67 | | (C) The judge shall serve for elected terms of four (4) 24 |
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68 | 68 | | years five (5) circuit judges that have jurisdiction in law, equity, probate, 25 |
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69 | 69 | | and juvenile matters. 26 |
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70 | 70 | | 27 |
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71 | 71 | | SECTION 3. Arkansas Code Title 16, Chapter 13, Subchapter 13, is 28 |
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72 | 72 | | amended to add an additional section to read as follows: 29 |
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73 | 73 | | 16-13-1305. Additional judgeship. 30 |
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74 | 74 | | (a) In addition to the four (4) circuit judgeships existing on the 31 |
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75 | 75 | | effective date of this act, there is created in the Fifth Judicial District 32 |
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76 | 76 | | an additional circuit judgeship. 33 |
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77 | 77 | | (b) The additional circuit judge shall: 34 |
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78 | 78 | | (1) Be elected from the district; 35 |
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79 | 79 | | (2) Satisfy the same qualifications for holding office as 36 SB437 |
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80 | 80 | | |
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82 | 82 | | |
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83 | 83 | | |
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84 | 84 | | provided by law for judges of the circuit courts; and 1 |
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85 | 85 | | (3) Receive the same salary, expenses, and other allowances as 2 |
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86 | 86 | | provided by law for judges of the circuit courts. 3 |
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87 | 87 | | (c) The additional circuit judge shall serve for an elected term of 4 |
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88 | 88 | | six (6) years. 5 |
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89 | 89 | | (d)(1) The counties that compose the Fifth Judicial District shall 6 |
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90 | 90 | | provide courtroom and office facilities and supplies for the additional 7 |
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91 | 91 | | circuit judgeship. 8 |
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92 | 92 | | (2) The requirements under subdivision (d)(1) of this section 9 |
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93 | 93 | | shall be paid for out of: 10 |
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94 | 94 | | (A) The county treasu ries in the same manner as other 11 |
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95 | 95 | | demands against the counties; and 12 |
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96 | 96 | | (B) Funds appropriated by the respective quorum courts of 13 |
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97 | 97 | | the counties for these purposes. 14 |
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98 | 98 | | (e)(1) A court reporter and a trial court administrator shall be 15 |
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99 | 99 | | provided for the additional circuit judgeship. 16 |
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100 | 100 | | (2) The salaries of the court reporter and trial court 17 |
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101 | 101 | | administrator provided under subdivision (e)(1) of this section shall be: 18 |
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102 | 102 | | (A) Fixed; and 19 |
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103 | 103 | | (B) Paid in the manner provided by law for court reporters 20 |
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104 | 104 | | and trial court admini strators of the circuit courts of this state. 21 |
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105 | 105 | | 22 |
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106 | 106 | | SECTION 4. DO NOT CODIFY. TEMPORARY LANGUAGE. 23 |
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107 | 107 | | (a) The additional circuit judgeship in the Fifth Judicial District 24 |
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108 | 108 | | created under this act shall be filled by election at the 2024 nonpartisan 25 |
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109 | 109 | | judicial general election, with the elected circuit judge taking office on 26 |
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110 | 110 | | January 1, 2025. 27 |
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111 | 111 | | (b) This act does not affect the election or terms of the four (4) 28 |
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112 | 112 | | circuit judges in the Fifth Judicial District existing on the effective date 29 |
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113 | 113 | | of this act. 30 |
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119 | 119 | | 36 |
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