Arkansas 2023 Regular Session

Arkansas Senate Bill SB437 Latest Draft

Bill / Draft Version Filed 03/16/2023

                            Stricken language would be deleted from and underlined language would be added to present law. 
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State of Arkansas    1 
94th General Assembly A Bill     2 
Regular Session, 2023  	SENATE BILL 437 3 
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By: Senator B. Davis 5 
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For An Act To Be Entitled 7 
AN ACT TO AMEND THE LAW CONCERNING T HE FIFTH JUDICIAL 8 
DISTRICT; TO PROVIDE FOR AN ADDITIONAL CI RCUIT 9 
JUDGESHIP; AND FOR O THER PURPOSES. 10 
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Subtitle 13 
TO AMEND THE LAW CONCERNING THE FIFTH 14 
JUDICIAL DISTRICT; AND TO PROVIDE FOR AN 15 
ADDITIONAL CIRCUIT JUDGESHIP. 16 
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 19 
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 SECTION 1.  DO NOT CODIFY.  Legislative findings and intent. 21 
 (a)  The General Assembly finds that the Judicial Resources Assessment 22 
Committee has: 23 
 (1)  Reviewed the caseloads of various judic ial districts; and  24 
 (2)  Determined that to ensure the smooth, efficient, and timely 25 
administration of justice, one (1) additional circuit judgeship is needed in 26 
the Fifth Judicial District. 27 
 (b)  It is the intent of the General Assembly that this act: 28 
 (1)  Authorizes the establishment of one (1) additional circuit 29 
judgeship;  30 
 (2)  Articulates the applicable election process for the 31 
additional circuit judge; and 32 
 (3)  Identifies various resources that will be available to the 33 
additional circuit judge . 34 
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 SECTION 2.  Arkansas Code ยง 16 -13-1303 is amended to read as follows: 36     	SB437 
 
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 16-13-1303.  Judges and chancellors. 1 
 The qualified electors of the The qualified electors of the Fifth 2 
Judicial District shall elect : 3 
 (1)  One (1) circuit judge; 4 
 (2)  One (1) chancellor; 5 
 (3)(A)  One (1) circuit -chancery judge. 6 
 (B)(i)  Each judge of the judgeship created by subdivision 7 
(3)(A) of this section shall be the judge of the juvenile division of 8 
chancery court. 9 
 (ii) The judge shall serve as judge of the juvenil e 10 
division in lieu of the judge who would otherwise be designated as judge of 11 
the juvenile division of chancery court in the judicial district. 12 
 (C)  The judge of the additional circuit -chancery judgeship 13 
created in subdivision (3)(A) of this section sha ll devote such time as may 14 
be required to perform the duties of judge of the juvenile division, which 15 
duties shall be the primary obligation of the judge, and shall sit as judge 16 
of the circuit, chancery, or probate court as time permits; and 17 
 (4)(A)  An additional circuit-chancery and juvenile judgeship 18 
which shall have jurisdiction in law, equity, and probate. 19 
 (B)  The additional judge shall be elected in the same 20 
manner and shall satisfy the same qualifications for holding office and shall 21 
receive the same salary, expenses, and other allowances as provided by law 22 
for judges of the circuit -chancery courts. 23 
 (C)  The judge shall serve for elected terms of four (4) 24 
years five (5) circuit judges that have jurisdiction in law, equity, probate, 25 
and juvenile matters. 26 
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 SECTION 3.  Arkansas Code Title 16, Chapter 13, Subchapter 13, is 28 
amended to add an additional section to read as follows: 29 
 16-13-1305.  Additional judgeship. 30 
 (a)  In addition to the four (4) circuit judgeships existing on the 31 
effective date of this act, there is created in the Fifth Judicial District 32 
an additional circuit judgeship. 33 
 (b)  The additional circuit judge shall: 34 
 (1)  Be elected from the district; 35 
 (2)  Satisfy the same qualifications for holding office as 36    	SB437 
 
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provided by law for judges of the circuit courts; and 1 
 (3)  Receive the same salary, expenses, and other allowances as 2 
provided by law for judges of the circuit courts. 3 
 (c)  The additional circuit judge shall serve for an elected term of 4 
six (6) years. 5 
 (d)(1)  The counties that compose the Fifth Judicial District shall 6 
provide courtroom and office facilities and supplies for the additional 7 
circuit judgeship. 8 
 (2)  The requirements under subdivision (d)(1) of this section 9 
shall be paid for out of: 10 
 (A)  The county treasu ries in the same manner as other 11 
demands against the counties; and 12 
 (B)  Funds appropriated by the respective quorum courts of 13 
the counties for these purposes. 14 
 (e)(1)  A court reporter and a trial court administrator shall be 15 
provided for the additional circuit judgeship. 16 
 (2)  The salaries of the court reporter and trial court 17 
administrator provided under subdivision (e)(1) of this section shall be: 18 
 (A)  Fixed; and 19 
 (B)  Paid in the manner provided by law for court reporters 20 
and trial court admini strators of the circuit courts of this state. 21 
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 SECTION 4.  DO NOT CODIFY.  TEMPORARY LANGUAGE. 23 
 (a)  The additional circuit judgeship in the Fifth Judicial District 24 
created under this act shall be filled by election at the 2024 nonpartisan 25 
judicial general election, with the elected circuit judge taking office on 26 
January 1, 2025. 27 
 (b)  This act does not affect the election or terms of the four (4) 28 
circuit judges in the Fifth Judicial District existing on the effective date 29 
of this act. 30 
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