If you have issues viewing or accessing this file contact us at NCJRS.gov. ELEVENTH ANNUAL REPORT,.. '.~~

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1 If yu have issues viewing r accessing this file cntact us at NCJRS.gv. ELEVENTH ANNUAL REPORT,.. '.~~....c-- '~~ -:- I i ".' ,. I ~-=-'..::.-... n:::e;ng;:::act:i:w=a: _~,_.~~-.-"~ JUDICIAL DEPARTMENT OF ARKANSAS 975 JUDICIAL STATISTICS Cmpiled By The Office f EXECUTIVE SECRETARY

2 ELEVENTH ANNUAL REPORT JUDICIAL DEPARTMENT OF ARKANSAS NCJRS M~'( ~ JUDICIAL STATISTICS Cmpiled By The Office f EXECUTIVE SECRETARY

3 "T be effective, judicial administratin must nt be leadfted." Frankfurter, J. Cbbledick v. United States, 39 U.S. 323, at 325 (94) iii

4 CHIEF' JUSTICE CARLETON HARRIS EXECUTIVE SECRETARY C. R. HUIE 5'.375.7' DEPUTY EXECUTIVE SECRETARY JACK JARRETT 5' 37' 2295 CHIEF. A"'ALYTICAL SERVICES JIM ~IENDERSON STATE OF ARKANSAS JUDICIAL DEPARTMENT JUSTICE BUILDING LITTLE ROCK 722 COURT PLANNER LARRY JEGLEY 5' 37' 2295 RESEARCH COORDINATOR JEAN LANGFORD 5.37' 2295 INTER AGENCY COORDINATOR TIM MASSANELLI 5' T the Hnrable, the Chief Justice f the Supreme Curt f Arkansas,; Fr its Bleventh Annual Reprt the ffice f Executive Secretary f the Judicial Department submits her.ewith a reprt f the activities f the curts f Arkansas and statistical data cvering the calendar year 975 tgether with cmparative data f previus years. It is hped that the cntents f the reprt will be f value t yu in making plicy decisins as Administrative Directr f Arkansas curts, and f assist~nce t the executive and legislative branches f the gvernment in their deliberatins. Respectfully, --/J~L vl-cs C. R. Huie Executive Secretary v

5 SUPREME COURT OF ARKANSAS LITTLE ROCK CARLETON HARRIS T the Hnrable David Pryr, Gvernr and Members f the seventieth General Assembly Submitted herewith is the Eleventh Annual Reprt f the Executive Secretary f the Judicial Department f Arkansas. The Reprt includes curt statistics fr the year 975 with cmparative data fr previus years. It will be nted that the 479 appeals handled by the Supreme Curt during 975 represents an all time high and an increase f 8.9 percent ver the level recrded during 974. Criminal appeals ttaled 65 during 975 and accunt fr a majr part f the increase, rising by 6.6 percent ver the level f 27 recrded during 974 and surpassing the ld recrd set in 972 by nearly 5 percent. Justices f the Supreme Curt wrte an average f ver 65 pinins each in 975 as cmpared with an average f 58 during 974, substantially abve the natinal average fr states \'.'ithut an intermediate appellate curt. Despite the hecl,vy wrklad. the Curt remains current. The wrklaj, in Circuit and Chancery Curts cntinued t set new recrds, ttal filings in Circuit Curt reaching an all time high f 32,795 an increase f 4.5 percent ver 974 and Chancery filings (excluding prbate) ttaled 28,79, 2.6 percent ver 974. In spite f recrd terminatins in bth Circuit and Chancery Curt ttal backlg increased slightly. Wrk f the Supreme Curt Cmmittees n Mdel Jury Instructins and new Rules f Civil Prced~re is prgressing at a satisfactry pace and it is anticipated that reprts frm these cmmittees will be frthcming in 977. Assignment f judges cntinues t be a mst valuable asset in prviding temprary relief in meeting the prblem f dcket cngestin and in prviding flexibility f administratin. It is hped that the Reprt herewith submitted will be f assistance t yu in yur further cnsideratin f matters affecting the administratin f justice in Arkansas. Respectfully ~ Carletn Harris Chief Justice vi

6 TABLE OF CONTENTS FOREWORD... ix Arkansas Judicial System Chart... xi THE SUPREME COU~T... Supreme Curt Statistics... 6 Wrklad Graph... 9 GENERAL JURISDICTION COURTS... 2 Wrklad Graphs... 6 Assignment f Judges... 2 Cmparative Tables Prsecuting Ai.~rneys... 3 Public Defenders Curt Repurters Clerks f the Curts Circuit Curt Statistics... 4 Chancery Curt Statistics Prbate Curt Statistics LIMITED JURISDICTION COURTS Cunty Judges Juvenile Curt Referees Curts f Cmmn Pleas Municipal Curts... 8 Municipal Curt Statistics City and Plice Curts City and Plice Curt Statistics Justice f the Peace Curts Justice f the Peace Curt Statistics vii

7 Justice is the supreme!,irluf' u,hic!t harmnizes all ther virtues. PLATO The Arkansas Curt System, established by the Cnstitutin f 874, still maintains separate curts f law and equity. Judges f curts f law are designated Circuit Judges and thse f curts f equity are designated Chancellrs. Circuit Judges are elected t the bench by the vters f their respective JudiCial Circuits every fur years. Chan'lirs are likewise elected by ppular vtr:;! in t:;n',.,~ pective Chancery Circuits t terms f,)ffk',' -;f s!)\ years. Generally speaking, ClrcuitJudges preside vercivil and criminal cases and hear a~,peals frm curts f limited jurisdictin. Chancellrs hear cases invlving dmestic relatins matters, land disputes, reciprcal supprt actins, and ther cases where equitable relief is sught. They als serve as Prbate Judges, hearing cases inviving Wills, guardianships, adp tins, mental cmmitments, and th(~r such prbate matters. Appeals frm Circuit dnd CiClllcery Curts are taken directly t the Arkansas Supreme Curt, there being n intermediate curt!if appeals in the Arkansas judicial system. The Arkansas public is als(. served by curts f limited jurisdictin. which are descnbed later in this Reprt. Perhaps the mst Imprtant f these curts are the Municipal Curts, which number 92 and are the nly curts f limited Jurisdictin requiringthatthe judge be an attrney (sme Cunty Curts are, hwever, served by juvenile referees wh are at trneys). Generally speaking, jurisdictin f a Municipal Curt is cuntywide, and extends t traffic matters, misdemeanr criminal cases, and civil cases when the amunt in cntrversy des nt exceed $3. As nted earl!er, ilppeals frm curts f limited jurisdictin are t Circuit Curt. FOREWORD This Reprt, cvering all phases f the Arkansas judicial system, carries statistics n curts f general jurisdictin and curts f limited jurisdictin in separate divisins. Statistics regarding the ffices f Public Defender in the State a re a Is carried in rder t reflect the extent t which defense services are prvided fr indigents in thse areas which have es tablished ffices f Public Defender. Thse areas nt served by Public Defenders cntinue the practice f appinting lcal attrneys t represent indigents, Other infrmatin reflecting a brad utline f the Arkansas judicial system is cntained herein. ix A partial unificatin f the c.urt system ccured in 965 when the General Ass('ltnbly passed Act 496 in which the Chief Justice WdS designated the administrative directr f the Judicial Department and administrative iead f the entire curt system. Act 496 als prv;ded frthe appintment f an Executive Secretary, by the Chief Justice and with the apprval f the State Judicial Cuncil, wh,jse duties cnsist f assisting the Chief Justice: iq carrying ut his ad ministrative respnsibiliti~:s One f the r;hief fun':tjn~> (If the ffice f Executive Secretary is the cllectin, analysis, and publicatin f judicial statistics The JudIcial Department f Arkan sas als cnduc.ts cntuluiil F: judicial educatin prgrams fr all levels f persnnel in the State's curt system thrugh assistance frm the Law Enfrcement Assistance Administratin and the Arkansas Public Safety prgram The statistics cntclint:!d in this rept L CAre supplied thrugh quarter!v renrts frm the clerks f curts f general jurisdictin and thrugh semi-annual reprts frm curts f limited jurisdictin. Clerks f these curts are assisted frm time t time by the stafffthe Judicial Department. Analysis and planning are basic t any wellmanaged peratin. Thrugh the cllectin and disseminatin f the data cntained in this reprt, analysis and planning are expedited in the management f the Arkansas curt system. COURT ACTIVITY The wrklad f the Supreme Curt reached a nearrecrd level during 975, setting a recrd inthe area f criminal appeals. Filings in curts f general jurisdictin rse t recrd highs, as did filings in curts f limited jurisdictin. ADDITIONAL JUDGESHIPS AND CIRCUITS During 975 tw new judgeships and ne new Chancery Circuit became effective. On January, 975, an additinal Chancellr was added t the 2th Chancery Circuit, making a ttal f three Chancellrs in that circuit.

8 .. _.. --.J On February 7, 975, an additinal Circuit Judge was added t the 4th Judicial Circuit, making a ttal f tw Circuit Judges in that circuit. On January, 975, the then existing 6th Chancery Circuit, which had tw Chancellrs, was divided int tw Chancery Circuits, the 6th and the 7th Chancery Circuits, and ne f the existing Chancellrs in the ld 6th Circuit became the Chancellr f the 7th Circuit. The legislative act which created the additinal Circuit Judgeship in the 4th Judicial Circuit in 975, als created an additinal Chancellrship in the 3th Chancery Circuit, which will be effective n January, 977. This Chancellrship will be filled by the general electin t be held in Nvember f 976. JUDICIAL COUNCIL The StateJudicial Cuncil f Arkansas is a vluntary as~ciatin f the Justices f the Supreme Curt and the judges f the Chancery and Circuit Curts. Theannual meeting date f the Cuncil is the secnd Friday f Octber f each year unless changed by the Executive Cmmittee. In additin t the annual meeting, the Cuncil als hlds a meeting during the Spring f each year. Officers f the Cuncil an>' President... Cf-tancellr Richard Mbley Vice President... Circuit Judge Melvin Mayfield Treasurer... Circuit Judge Tm F. Digby Secretary... '... C.R. Huie The Arkansas Bar Assciatin is represented n the Cuncil by a Liaisn Cmmittee appinted by the Bar Assciatin President. The members f the Liaisn Cmmittee are Chairman... H. William Allen Member... Philip Carrll Member...,Jhn Claytn Member... Steele Hays Member... Charles Gldberger The Executive Cmmittee f the Cuncil is cmpsed f: Chancellr James Chesnutt, Chairman Circuit Judge William Lee Circuit Judge Jhn Hlland Chancellr Darrell Hickman Chancellr Henry Wilsn Chancellr Henry Ycum CONTINUING JUDICIAL EDUCATION Fr several years nw, the judicial Department f Arkansas has prvided a prgram f Cntinuing Judicial Educatin fr the judges, prsecutrs, and curt related persnnel f the Arkansas Curt System. This Cntinuing Judicial Educatin prgram has been funded almst entirely with funds prvided under several grants by the federal gvernment, and, x particularly, grants f LEAA Funds made by the Arkansas Cmmissin n Crime and Law Enfrcementtthe Judicial Department. During 975, tw seminars were cnducted by the Judicial Department fr the Trial Judges f general jurisdictin and the Justices f the Supreme Curt. In June, a fur-day seminar, dealing with the subject f "Curt Administratin and Prceedings Befre Trial", held at the Arkansas Bar Center in Little Rck, was attended by 36 Circuit and Chancery Judges and fur Supreme Curt Justices. In Octber, a tw day seminar, dealing with the "Unifrm Rules f EVidence", held at the Camelt Inn in Little Rck, was attended by 4 Circuit and Chancery Judges and five Justices f the Supreme Curt. Additinal seminars cnducted by the Judicial Department during the year include a three-day wrkshp fr the Curt Reprters f the curts f general jurisdictin, held at the Camelt Inn in Little Rck during June; a seminar, in December, jintly spnsred with the Prsecuting Attrney's Assciatin, attended by Prsecuting Attrneys and Deputy Prsecuting Attrneys, dealing with the New Arkansas Criminal Cde and the New Rules f Criminal Prcedure; and an Arkansas Criminal Justice Sympsium, jintly spnsred with the Prsecuting Attrneys Assciatin and the Arkansas Department f Crrectin, frthe members f the Criminal Justice System in Arkansas. The federal funding f the Judicial Educatin Prgram als allwed the attendance f members f the curt system in judicial educatin schls r seminars cnducted ut f the state. Frthe members f the judiciary, the primary schl utilized by the Judicial Department during 975 was the Natinal Cllege f the State.Judiciary, lcated atthe University f Nevada, Ren, Nevada. During the year, five Circuit and Chancery Judges attended the basic fur-week curse cnducted by the Natinal Cllege. In additin, fur Circuit and Chancery Judges, ne Municipal Judge, and ne Curt Administratr attended graduate r specialty curses f the Natinal Cllege. The schls r seminars attended by the ther members f the curt system are t numerus and varied t include specifically herein by name but, in summary, in additin t the Natinal Cllege, varius schls r seminars thrughut the cuntry were attended by the fllwing persnnel: ) Fifteen Prsecuting Attrneys and Deputy Prsecuting Attrneys 2) Fur Supreme Curt Law Clerks 3) One Municipal Curt Judge 4) Tw Assistant Attrneys General, Criminal Justice Divisin 5) Three Curt Administratrs

9 ~~---, ARKANSAS JUDICIAL DEPARTMENT 976 Supreme Curt () Chief JusticelL-... -, 6 A!,,,clate Ju';tices I -'--I ~H..~_~_=;ecutive Secretary (2) Municipal Curts (5) 9 Curts Circuit Curts (3) Chan(~ery & Pr<:>bate C-'-u_rt_s_(..:-4..,:..) 9 Circuits, 9 Prsecuting Attrneys 8 Crcuits 29 Judges 26 Judges Justice f tile Peace Curts (6) 25 Curts Plice Curts (7) 2 Curts -~T~ c~ls :----- '--- Curts (8) Cmmn Pleas (9) Cun~ Curts () 8 Curts 3 Curts 75 Judges Juvenile Curts () () (2) (3) (4) (5) (6) (7) (8) (9) () () Decides appeals frm all Circuit, Chancery and Prbate Curts. Administrative duties in cnnectin with all curts. Curts f general jurisdictin. Hear civil and criminal cases. Als hear appeals f am curts e)f limited jurisdictin. Curts f equity. Hear cases invlving land disputes, dmestic relatins, etc.. Als have jurisdictin ver prbate matters and adptins. Curts f limited jurisdictin with cunty,vide authrity. Hearcrlmn;;' n :SrlP.i:'P lnrcast!s chld :IVi! :a~es when an i)lmt invlved des nt exceed $3. Judge r!ust be an attdrney. Curts f limited jurisdictl:m with twnship-wide autrnty, S,:lme t'in';dtlns a~- \~Ut:k tj<,i CW ls e, ceptn re'_luirenent that Judge have legal training. Subject jll) \sdic~'n "i(-h' (' J~ rm,:w!.,. ~I r:urt Jurisdictin lirnited t m'jnicipality. N requirement.it i(-'g2 i tr,_.i'~lrl[~ These curts are held by mayr"_ (r their dw,igrf ;;':,) in Cities r ~:I '(' ~,d'\ d Cia,,:\t)G-...:.5\.i~, '(.'lqjlatil). ~.(, in crpc;rated twns (5 r less). T8rritrl".i JUriSdictIn lit :l.(d t r:wi,if". ").jl~i '(,~, ; ;~ jlne as.n, > ipal curt. N requirement f legal training. These curts have been established in varius cunties by speclij: "~t,, i! ': E' t; \~!:>l Xd,' f. l'y \.' It (,x. ltv JUllgeand have limited jurisdictin which varies wittl trl t!=;~ts cn~;;tit'g tbem. T'~ey e)l', I, I... ',' 'v.".',';ntie': Ashley. Ch'et. Crittenden l Crs.s, Desha, Drew, Garland. Lee, Lnuke. v;jl~n, M,ssisslfJ~,i. f'>jt'vad:l, Pi',;!; ~j.! rtqu i rement uf legal training. Cunty-wide jurisdictin limited generally t Juvenile and L'astardy prceed i,.,$. F esid( d lv\!r r.y Cunty JuJge, ~~ requirement f legal training. Presided ver by Cunty Judge. N requirement f legal training. Me. ly J! these Cf)lllts d'~, rvv :\"~r, c~nducted by ap" pinted referees wh are attrneys.

10 THE ARKANSAS SUPREME COURT 976 Hlt, J. Jnes, J. Smith, J. Harris, C.J. Fgleman, J. Byrd, J. Ry, J. CHIEF JUSTICE Carletn Harris ASSOCIATE JUSTiCES Gerge Rse Smith J. Fred Jnes Frank Hlt Jhn A. Fgleman Cnley Byrd Elsijane T. Ry

11 "Nthing.can be mre imprtant in maintaining ur civilizatin and ur ecnmy than respect fr law, and that means Ln the las t analysis respect fr law as adminis tered by the curts." Arthur T. Vanderbilt THE SUPREl\fE COURT The Arkansas Supreme Curt was established by the Cnstitutin f 874, Article Seven. Sectin Furf Article Seven sets frth the jurisdictin and pwers f the Supreme Curt, and establishes in the Curt "... general superintending cntrl ver a II inferir curts f law and equity... " and grants it appellate jurisdictin nly, althugh Sectin Five prvides fr limited riginal jurisdictin. Amendment 28 t the Cnstitutin prvides that "The Supreme Curt shall make rules regulating the practice f law and the prfessinal cnduct f attrneys at law." The Arkansas Supreme Curt's ttal wrklad is measured in terms f the appeals, petitins, and mtins (excluding thse fr extensin f time) f which final dispsitin is made during a calendaryear. Wrklad is als measured in anther fashin: ttal majrity pinins written denminated int a per-justice average. A barmeter fr measuring the efficiency f the Curt's peratins in dealing with its wrklad is its currency, that is, whether all cases under subm iss in are cncluded prir t the summer recess. Over the years the Arkansas Supreme Curt has cmplied a remarkable recrd in remaining current. All indicatins are that this recrd will cntinue. The Supreme Curt's ttal wrklad f 8 appeals, petitins, and mtins (excludingthsefrtime extensin) during 975 was the secnd highest f recrd, exceeded nly by the ttal f 85 recrded during 972. The 479 appeals handled by the Curtduring 975 represents an alitime high and an increase f 8.9% verthe level recrdf~d during 974. Criminal appeals ttaled 65 during 975, and accunt fr a majr part f the increase, rising by an astunding 6.6% verthe level f 27 recrded during 974 and surpassing the ld recrd set in 972 by nearly 5%. Ttal petitins terminated during 975 (56) were stable as cmpared with the number recrded during 974 (55), with civil petitins declining by six and criminal petitins rising by seven. Mtins decided (excluding thse fr time extensin) declined slightly during 975 as cmpared with 974, frm 79t 65. Criminal mtins rse by 25.3%, hwever, while civil petitins declined by 38.8%. Mtins granted fr extensin f time increased tremendusly during 975 as cmpared with 974, rising frm 737 t 99. The increase represents a gain f 34.4%, with criminal time extensin mtins climbing by 69.4% and civil by 2.%. Justices f the Arkansas Supreme C. Jrt wrte an average f ver 65 pinins each in 975, as cmpared with an average f 58 during 974. Majrity pinins ttaled 456 in 975, an increasef9.%ver the 48 written during 974. Nt included in the perjustice average are: cncurring pinins, 7 f which were written in 975 cmpared with in 974; dissenting pinins, up frm 36 in 974t4 in 975; per curiam pinins, 3 in 975 cmpared with in 974; and pinins dissenting in part and cncurring in part, 7 in 975 and 9 in 974. The seven Justices f the Supreme Curt prduced a grand ttal f 534 written pinins during marked the first full year during which Supreme Curt Rule 2, which prvides fr nnpublicatin f pinins which d nt meet certain criteria (value as precedent, public interest, etc.), was in effect. Nt quite half (2) f the Supreme Curt's 456 majrity pinins (nt including percuriam) were designated by the Curt as "Nt fr Publicatin". As nted abve, 975 was a near-recrd year year fr the Arkansas Supreme Curt, with wrklad remaining well abve what might be cnsidered a "breaking pint". Fllwing an astunding increase in wrklad during 972, the Curt's wrklad has been relatively stable and has fluctuated by an average f nly. % frm year t year since 972.

12 SUPREME COURT BOARDS AND COMMITIEES The Supreme Curt, by cnstitutinal authrity, by statute, and by curt rder is respnsible fr and supenises the activities f several cmmittees and ne bard; these are as fllws: State Bard f Law Examiners This Bard prepares fr questins fr the Bar examinatins cnducted twice yearly, grades the papers f thse taking the examinatin, and certifies t the curt the names f thse wh passed. It als investigates and recmmends applicants fr admissin by reciprcity. The Secretary f the Bard is Rbert L. Rgers, II, 55 Nrth Lkut, Little Rck, Arkansas, Members f the Bard are: (3 year term) (5 year term) CONGRESSIONAL TERM DISTRICT EXPIRES FIRST Jhn W. Mann, Jr., Frrest City SECOND J.E. Lightle, Jr., Searcy THIRD Ry E. Danuser, Muntain Hrne FOURTH James H. Pilkintn, Hpe AT LARGE W.J. Williams, Jr., Little Rck CHAIRMAN: W.J. Williams, Jr., 22 Wrthen Bank Building, Little Rck, Arkansas 722 SECRETARY: J.E. Lightle, Jr., 3 Nrth Spring Street, Searcy, Arkansas 7243 CONGRESSIONAL DISTRICT FIRST SECOND THIRD FOURTH AT LARGE Dan M. Burge, Blytheville Charles B. Rscpf, Helena Rbert W. Henry, Cnway Guy Amsler, Jr., Little Rck Jack Yates, Ozark Ernest G. Lawrence, Jr., Bentnville Kenneth B. Baim, Pine Bluff Je D. Wdward, Magnlia William K. Ball, Mnticell Phillip E. Dixn, Little Rck Jhn Burris, Pcahntas Client Security Fund Cmmittee TERM EXPIRES Cmmittee n Prfessinal Cnduct The Cmmittee n Prfessinal Cnduct receives and investigates cmplaints against attrneys wh are charged with prfessinal miscnduct. Activity f this Cmmittee is financed by a prtin f the annual license fees. Members f the Cmmittee are: (7 year tenn) CONGRESSIONAL TERM DISTRICT EXPIRES FIRST Caldwell. T. Bennett, Batesville SECOND William M. Mrhead, 77 Stuttga rt THIRD Ben Cre, Frt Smith FOURTH Dn Smith, Pine Bluff AT LARGE Russell Elrd, Silam Springs James W. Steinslek, Blytheville Dale Price, Little Rck fhis Cmmittee IS authrized t cnsider claims f c;llf.,ts wh have suffered lsses by reasn f the dishnesty f attrneys wh have represented them. The Cmmittee is authrized t pay such claims (within limits) frm a fund established by the Curt and supprted by a prtin f the annual $5. license fee. Members f this Cmmittee are: 2 The Executive Secretary is Mr. Taylr Rberts, whse address is 2 Prspect Building, 5 Nrth University, Little Rck, Arkansas The Chairman is Mr. William M. Mrhead, whse address is 62 Suth Cllege Street, Stuttgart, Arkansas 726.

13 Criminal Cde Revisin Cmmissin Fllwing the passage f Act 4 f 97, the Supreme Curt jintly with the Attrney General established the Arkansas Criminal Cde Revisin Cmmissin. Tw Cmmittees, ne prcedural and the ther substantive, were then appinted. The Substantive Cmmittee, appinted by the Attrney General, was charged with recmmending a cmplete revisin f the substantive criminal laws. The wrk f the Cmmittee resulted in a new Criminal Cde, Act 28 f 975, which became effective January, 976. The Prcedural Cmmittee, appinted by the Supreme Curt, was charged with preparatin f prcedural rules t supplement r supplant thse then in effect. The prpsed rules submitted t the Supreme Curt were adpted by that bdy and became effective January, 976. Cmmissin members are as fllws: President... Circuit Judge Bbby Steel Prject Directr... Frank Newell SUBSTANTIVE COMMTIEE (Appinted by Attrney General) Judge Harrell Simpsn, Chairman Ray Guzman H. Clay Rbinsn Jdck Hlt, Jr. W.H. Arnld Jhn Elrd, Vice-Chairman Mrrell Gathright Billy Bert French Eligene Hunt Virginia Tackett PROCEDURAL COMMITTEE (Appinted by Supreme Curt) Ed Bethune, Chairman Justice Jhn Fgleman James W. Murphy Jhn T. Harmn Judge Bbby Steel Jack Lessenberry, Vice-Cllairman William P. Thmpsn Judge Terry Shell Tern Kirkpatrick Mdel Jury Instructins Tw Cmmittees exist which are charged with the preparatin f Mdel Jury Instructins. 3 Wrk fthe Cmmittee n Civil Jury Instructins was cmpleted several years ag; hwever, the Cmmittee remains active fr the purpse f updating and revising the instructins as needed, and has cmpleted publicatin f a revised editin f Arkansas Mdel Jury Instructins (Civil), cited as AMI. Members f the Cmmittee are: Henry Wds, Little Rck, Chairman Philip S. Andersn, Jr., Little Rck W.H. Arnld, III, Texarkana Justice Lyle Brwn, (ret.), Hpe Philip Carrll, Little Rck Winslw Drumrnnd, Little Rck Rbert L. Jnes, Jr., Frt Smith Dale Price, Little Rck W.B. Patman, Fayetteville Jacb Sharp, Jr., Little Rck Justice Gerge Rse Smith, Little ~ck Prf. Frederic K. Spies, FayetteVille Paul B. Yung, Pine Bluff Wrk f the Crnmittee n Mdel Jury Instructins (Criminal) was begun and then halted temprarily until the cmpletin f the wrk f the Criminal Cde Revisin Cmmissin. With the adptir f Arkansas' new Criminal Cde and Rules f Crimlfj2i Prcedure, the Cmmittee has begun wrk With funding assistance frm the Gvernr's CmmiSSIOn n Crime and Law Enfrcelnent. Members f the Cmmittee are: Judge O.H. Hargraves, Frrest City, Chairman Assciate Justice Gerge Rse Smith, Little Rck Judge William Lee, Claredn Bill Wilsn, Little Rck Jack L. Lessenberry, Little Rck Jhn C. Calhun, Jr., Little Rck Judge Harrell Simpsn, Pcahntas Judge Bbby Steel, Nashville Mahln Gibsn, Fayetteville William I. Prewett, EI Drad Frederick S. Ursery, Little Rck, Executive Secretary Charles L. Carpenter, Jr., Nrth Little Rck, Clerk Thmas M. Carpenter, Nrth Little Rck, Clerk Cmmittee n Rules f Pleading, Practice, and Prcedure Act 38 f 973 prvides that the Supreme Curt shall prmulgate rules f pleading, practice, and prcedure fr civil cases which will supplant the present Cde f Civil Prcedure. The Curt appinted the Cmmittee by percuriam rdern May 2,974 t

14 prepare fr the Curt's cnsideratin rules gverning pleading. practice, and prcedure in civil cases in all curts f the state, and prescribing the time fr and manner f taking appeals. Funds fr the Cmmittee were apprpriated by Act 66 f 975. The Cmmittee began its wrk this past year. Members f the Cmmittee are: Judge Andrew Pnder, Chairman DAVid Blair Judge Thmas Butt Judge W.H. Enfield Jhn P. Gill Wendell Hall Phil Hicky Judge Frank J. Huckaba Steve A. Matthews William D. Newbern Judge Alex Sandersn Dennis Shackle=>frd W.H. Suttn Hnrable Paul X. Williams, Chief Judge, United States District Curt, Western District Hnrable J, Fred Jnes, Assciate Justice, Supreme Curt Hnrable Cnley Byrd, Assciate Justice, Supreme Curt Hnrable MelVin Mayfield, Circuit Judge, 3th JudiCial Circuit, Vice-President, State Judicial Cuncil Hnrable Hugh Lkad, Circuit Judge, 8th Judicial Circuit Hnrable Jhn M. Graves, CirCUIt Judge, 7th Judicial Circuit Hnrable Henry B. Means, Circuit Judge, 2nd JudiCial Circuit Hnrable Jim Guy Tucker, Attrney General, State f Arkansas C.R. Huie, Esq.. Executive Secretary, Arkansas JudiCial Department, Actmg SecretAry Arkansas Statute Revisin Cmmissin This cmmissin, established by statute (Acts 945, N. 5), is respnsible fr publishing the varius amendments t the statutes f Arkansas. Members are: Ex ffici, Wiley H. Davis, Dean, University f Arkansas Law Scn.)l, Fayetteville; Ex f fici. Hnrable Jim Guy Tucker, Attrney General. Members f the Cmmittee appinted by thesupreme Curt are: Clerk Deputy Clerk Deputy Clerk librarian Assistant Librarian Curt Reprter SUPREME COURT STAFF Jimmy Hawkins Dnna Williams Rbin Hrne Ruth Lindsey William Smers Ruth Vines 4-year tenn W,H. Suttn A.D McAllister Thmas Harper Term Expires ~TATE - FEDERAL JUD!CiAL COUNCIL FOR ARKANSAS June 3,979 June 3, 979 June 3,979 Arhan~as mair.talns an activestate FederalJudwiAI C()ur'~ TtIP. Cuncil meets twi.-.:p. yearly t discuss ways In '.I\ich relatinship:; between the state and federal J"dlclary may be enhanced, Established by a :.' '~Urliml rder f the Curt, membership f the C" ;Ii IS.~L fllws: ~-k~" I, ble ('Jrletn Harris, Chief Justice, ~)L!, leme Curt, Ch<lirman H',nrable G. Thmns [I.:>ele, Cilief Judge, Umteci "tates Distrwt Curt, Eastern District 4 LAW CLERKS AND SECRETARIES Chief Justice Carletn Harris James Derrell Hlland, Clerk Elizabeth Ann Jewett. Secretary Justice Gerge Rse Smith Martha Lu Grubbs, Clerk Nrma Benjamin, Secretary Justice Jhn A Fgleman Phillip Cuftmtln, Clerk Nancy DavIs, Secretary Justice J Fn'd Jnes Frank B, ~;ewiill, Clerk Mary Duval, Ziecretary Justice Cnley Byrd Rbin L. Lafferty, Clerk Irene Garner, Secretary Justice J. Frank Hlt Paul E. Danielsn, Clerk Hilda A. Thmas, Secretary

15 JUSTICE COORDINATOR Steven N. Carlsn, Crdinatr Cindy Brck, Secretary Jean Langfrd, Research Crdinatr Janet Pattersn, Bkkeeper Patty Petty, Secretary Regina James, Secretary Cindy Freman, Secretary JUDICIAL DEPARTMENT Chief Justice Carletn Harris, Administrative Directr f All Curts C.R. Huie, Executive Secretary Jack Jarrett, Deputy Executive Secretary ~arry Jegley, Curt Planner lim Henders!, Chief, Analytical Services Divisin Tim Massanelli, Inter-Agency Liaisn Allen M. Hrne Randall N. Ishmael Rbert Lindsey David Blair Jim Hendren Dn Schnipper Lery Autrey SPECIAL JUSTICES ARKANSAS SUPREME COURT Little Rck Jnesbr Little Rck Batesville Bentnville Ht ~prings Texarkana 5

16 ARKANSAS SUPREME COURT 975 APPEALS CIVil c -.;: (.) '; c n; U -:g '5. -r Q. u... >, c c r C) a; u... E () C) 'C.t:,!!! ] ~ I- law Grand Equity Prbate Ttal Ttal Affirmed 7 2 Affirmed in Part, Reversed in Part Reversed and Remanded 2 Reversed and Dismissed Dismissed withut pinin n Mtin r Rule 3 Dismissed with Opinin Reversed Affirmed as Mdified Remanded " C TOTAL 24 2 ""'"

17 ARKANSAS SUPREME COURT 975 PETITIONS Capital Felny Misde- Rule meanr Ttal Law CIVIL Pr- Grand Equity bate Ttal Ttal CERTIORARI Granted 2 Denied TOTAL 3 PROHIBITION Granted Denied 4 TOTAL 5 HABEAS CORPUS Granted Denied TOTAL REHEARING Granted Denied 37 TOTAL 38 MANDAMUS Granted 2 Denied 5 TOTAL 7 POST CONVICTION Granted Denied 2 TOTAL 2 OTHER PETITIONS Granted 7 Denied 6 TOTAL TOTAL PETITIONS

18 ARKANSAS SUPREME COURT 975 MOTIONS Capital Felny Misde- Rule meanr Ttal Law Pr- Grand Equity bate Ttal Ttal MOTIONS ACTED ON EXCLUDING EXTENSIONS OF TIME Granted Denied TOTAL GRAND TOTAL - APPEALS, MOTIONS, PETITIONS 8 MOTIONS FOR EXTENSIONS OF TIME Granted by Clerk Granted by Curt TOTAL ORAL ARGUMENTS z;- ARKANSAS SUPREME COURT bo 975 WRITTEN OPINIONS bo -t:: t::tj lie. c.!:.; bo.;;: C c c.!: '';:: ': I: :::l C :::l a,) (.) a,)(.) UI 'ji I: UI.~ U C(.) == Harris, C.J Smith, J Brwn, J.* 36 2 Fgleman, J Jnes, J Byrd, J Hlt, J. 66 Ry, J.* 6 Special Justices 8 TOTAL Per CUriam 3 GRAND TOTAL Dissents and cncurrences withut written pinin r jined in written pinin f anther Justice -t:: t::tj ~e. c.!: bo.; bo bo c c.!: c '';::.-....;;: I: C :::l a,) :::l a,) (.) (.) 'iii UI UI.~ c - t- C(.) (.) *Justice Lyle Brwn retired n August 3, 975; Justice Elsijane Ry was appinted t serve ut his term by Gvernr Pryr, and jined the curt n Octber, 975. She is the first wman t serve in this capacity. 8

19 SUPREME COURT WORKLOAD 97 ~975 T- _. --n. ()d)o I I I I I "... :.... ~ : "'..... <;... "'... ~ ~ ~ ~ i [ 8'" s@ I : ~ ~ ~ ~ I l : l : I! I! i i II,kfh,,'P7= ~... i...!!!j.~ r... " "" i ~ "-i =--==""m;i"'='- ~ I_t V i..,,:: : ~. I! E ~,. I I I I ~.! l : : l ; I y i i T " "'~'.. "'... ~ ~ ~ i I I iii I ~ l ~ ~ ~ 4 r... T... T...,......_... r... "... j.! I! I II i i! I r 4bft.....Ji II.;:. :. -: ':, 'It. II ':? t &,v ::: " : I i E' ~l i I! i i I 9

20 ARKANSAS 4 f.l,yeh[vlll. [UR(KA SPRIIIGS. HlIljfSVIU[ 9 CARROll. 8ERIU'Vlll( BOONE BAx..T FUlTON 6 CRAWfORD..lRlIlS8UIG 9 HOWARD PIKE WCUlltlQA. IUGIjOLtA. 3 ASHlfY liaw8urr, JUDICIAL CIRCUITS 976