Hallelujah! (In other words, the Arkansas Supreme Court is abolishing the abstract and addendum requirement.)

Arkansas Justice Building--Home of the Arkansas Supreme Court and Arkansas Court of Appeals

June 6, 2019March 23, 2020 ~ Andy Taylor

As we noted in our original post (below), the Arkansas Supreme Court has proposed a set of rule changes that abolish the abstracting and addendum requirement. In the original post, we promised to provide updates and more details, so we’re doing that now. Before delving into those details, please note that these are proposed revisions, so they are subject to change. However, if you can get your record in electronic format, you may participate in a pilot project using these rules. So, with that said, here are the major changes (and, of course, review the per curiam before filing your brief; this is just a general overview):

The Biggest Change: Abolition of the Abstracting and Addendum Requirement

This, of course, is the biggest change. Attorneys are no longer required to prepare an abstract or an addendum. Rather, attorneys will refer to the relevant page number in the record. As mentioned below, the record will now be comprised of two separate portions: a pleading portion and a transcript portion. If you cite to the pleading portion of the record, use the format (RP 10), and if you cite to the transcript portion, use the format (RT 10). The court has a computer program that converts those citations to links to the relevant portion of the record.

Preparation and Filing of the Record

As mentioned above, there will now be two portions of the record: pleadings and transcripts. The record must be in electronic format (PDF), and each portion of the record must be sequentially numbered such that the first page of the PDF is the first page of the record. This means that whatever the first page of the PDF is (cover page, table of contents, etc.), it must be page 1.Under the proposed rule, attorneys are still responsible for filing the record, but unlike in the past, the record can now be filed electronically.

Brief Components

In addition to the elimination of the abstract and addendum, the informational statement (the form that included questions about the appeal and the brief) has been eliminated. The jurisdictional statement has more specific requirements under the proposed rule than under the current rule. There are also a couple of new sections: a request for relief and a certificate of compliance with Administrative Order No. 19 (relating to confidential information) and with the word-count limitations (discussed in more detail below). Finally, the “statement of the case” has been replaced with the “statement of the case and facts.”

Length Limitations

There are two significant changes to the length of the brief. First, rather than limiting the statement of the case to a certain number of pages and the argument to a certain number of pages, the limitation is a global limitation that can be allocated in whatever way makes the most sense. Second, the limitation is converted to a word limit, rather than a page limit. The word count includes the jurisdictional statement, the statement of the case and the facts, the argument, and the request for relief. All other portions of the brief are disregarded for purposes of the word count. Here are the limits:

Brief Type	Word Count Limit
Appellant’s Brief	8,600
Appellee’s Brief	8,600
Reply Brief	2,875
Appellee’s/Cross-Appellant’s Brief	14,325
Reply/Cross-Appellee’s Brief	11,475

ORIGINAL POST

As Justice Rhonda Wood described it on Twitter, there was some “HUGE” news from the Arkansas Supreme Court this morning:

HUGE News from the Arkansas Supreme Court this morning. The day has arrived!! Now attorneys- go file those electronic records
IN RE ACCEPTANCE OF RECORDS ON APPEAL IN ELECTRONIC FORMAT AND ELIMINATION OF THE ABSTRACTING AND ADDENDUM REQUIREMENTS https://t.co/tc3RPQasiy
— JusticeRhondaWood (@JudgeRhondaWood) June 6, 2019

We’re still reading the per curiam, and it’s full of changes,

but here’s a brief synopsis (you can expect a more detailed examination later).

First, effective immediately, attorneys may begin requesting electronic records from the circuit clerk, and the circuit clerk is required to provide the record in electronic format.

Second, the Arkansas Supreme Court published for comment revisions to the rules that accommodate these electronic records. Those rules abolish the requirements of an abstract and addendum.

Third—and here’s the best part—even though those rules are currently only published for comment (meaning they are not in effect yet), attorneys who choose to file their records electronically are permitted to file under the new rules as part of a pilot project.

As the Supreme Court noted in its per curiam, the abstracting requirement (and, to a lesser extent, the addendum requirement) had outlived their usefulness. In our opinion, the abstract adds needless time and expense (both in attorney’s fees and printing costs) to the appellate process, it is confusing, and even a well-done abstract can’t effectively capture what occurred at trial. This is a good move, and we look forward to seeing it fully implemented. And you can rest assured that we will never order another paper record again!

Electronic Filing of Appellate Briefs is now Mandatory in Arkansas Appellate Courts

February 14, 2018February 14, 2018 ~ Andy Taylor

The Arkansas Supreme Court has recently issued a per curiam opinion making electronic filing of appellate briefs mandatory as of January 1, 2018. In its per curiam, the Court made a few changes and clarifications to the pilot project (which had been in place since September 15, 2016). The Court also slightly modified the method for requesting clerk’s extensions. We’ve posted the details of these changes (along with a couple of forms) below. As always, this is just a summary, so please refer to the text of the rules themselves when filing a brief.

Overview of Electronic Filing of Briefs

Here are the key points you need to know if you are filing a brief electronically:

Briefs are filed through the eFlex system.
The brief must be electronically filed prior to midnight on the due date.
The table of contents must contain hyperlinks to the beginning of each major section of the brief. The “major sections” are:
- Informational statement and jurisdictional statement;
- Points on appeal;
- Table of authorities;
- Abstract;
- Statement of the Case;
- Argument; and
- Addendum.
After the brief is accepted by the court, you must file six paper copies of the brief with the clerk’s office. In our discussions with the clerk’s office, they have indicated that they prefer that attorneys simply print the file-marked copies (rather than printing clean copies and having the clerk’s office file-mark them).
The paper copies are due five calendar days after the brief is filed. Note that this time period begins with the brief is filed, and not when the brief is accepted by the clerk’s office.
We are still serving paper copies of the brief on opposing counsel. We believe that there is some ambiguity about this in the rules. Rules 4-4(b)-(e) discuss “service upon opposing counsel,” and seem to imply that the service will be in paper format. Administrative Order 21, on the other hand, states that “[r]egistered users of the electronic filing system consent to electronic service of electronic documents as the only means deemed to constitute service and such notice of filing is valid and effective service of the document on the registered users and shall have the same legal effect as service by conventional means.” Until there is some clarity on this, we are continuing to serve opposing counsel in paper format. We have included a sample of our certificate of service below.

Continue reading “Electronic Filing of Appellate Briefs is now Mandatory in Arkansas Appellate Courts” →

2016 Judicial Election Results for Arkansas Supreme Court and Arkansas Court of Appeals

March 2, 2016 ~ Tasha C. Taylor

The 2016 nonpartisan judicial elections held in Arkansas on March 1st have resulted in two new Arkansas Supreme Court Justices, one new Judge on the Arkansas Court of Appeals, and one runoff election for a seat on the Arkansas Court of Appeals. The following are results with nearly all precincts reporting:

Arkansas Supreme Court

Chief Justice Position 1

Judge Dan Kemp 58.03%
State Supreme Court Justice Courtney Goodson 41.97%

Association Justice Position 5

Judge Shawn A. Womack 67.50%
Clark W. Mason 32.50%

Arkansas Court of Appeals

Associate Judge District 2, Position 2

Judge Mike Murphy 55.79%
Prosecuting Attorney Cody Hiland 44.21%

Associate Judge District 5

James McMenis 40.95% Runoff
Mark Klappenbach 40.81% Runoff
Job Serebrov 18.25%

The runoff election between James McMenis and Mark Klappenbach for the Associate Judge District 5 position on the Arkansas Court of Appeals will take place during the general election on November 8, 2016.

There were also two uncontested races in the Arkansas Court of Appeals: Judge Rita W. Gruber will remain the Associate Justice for District 6, Position 1; and Judge Waymond Brown will keep his seat as District 7 Associate Judge.

In Memory of Chief Justice Hannah

January 20, 2016January 20, 2016 ~ Tasha C. Taylor

The Arkansas Supreme Court issued a per curiam last week entitled In Memory of Chief Justice James R. Hannah, in which the Court recognized Justice Hannah’s 37 years of service to the Arkansas Judiciary.

I had the privilege and honor of starting my legal career at the Arkansas Supreme Court during the time when Chief Justice Hannah led the Court. Much has been written about how he was an accomplished jurist, and rightfully so. But, I was always most impressed by his gentle smile and soft voice with which he seemed to greet everyone he met. It’s no wonder he was such a remarkable leader who aspired for a system of justice where all people would receive the same level of treatment.

“We have the best judicial system in the world. But if a person cannot walk through those courtroom doors because of their economic status or race, then having the best judicial system means absolutely nothing.” – Chief Justice Jim Hannah, June 2010.

* Hat tip to Amy Dunn Johnson for sharing the above quote and link to the following video where Justice Hannah speaks about access to justice during his first “State of the Judiciary Address” at the 2010 annual meeting of the Arkansas Bar Association.

2016 Arkansas Supreme Court & Arkansas Court of Appeals Election Roundup

December 21, 2015 ~ Tasha C. Taylor ~ 1 Comment

The party primary and judicial general election will be held in Arkansas this year on March 1, 2016. The judicial general election includes four contested races for seats on Arkansas’s appellate courts (two in each court). The races for the open seats on the Arkansas Supreme Court will be elected in a statewide election. The seats open on the Arkansas Court of Appeals will be elected only by voters in each seat’s district.

Arkansas Supreme Court

In the Arkansas Supreme Court, the contest for the position of Chief Justice (Position 1) resulted from former Chief Justice Hannah’s announcement earlier this year that he would retire early. Position 5 is open because Justice Danielson decided not to seek re-election for that position.

The candidates for the two contested races on the Arkansas Supreme Court are as listed below along with a link to each candidate’s campaign site.

Chief Justice Position 1

Association Justice Position 5

Arkansas Court of Appeals

In the Court of Appeals, there are two races that are uncontested: Judge Rita W. Gruber will remain the Associate Justice for District 6, Position 1; and Judge Waymond Brown will keep his seat as District 7 Associate Judge.

The two contested races in the Court of Appeals are for District 2, Position 2 (currently occupied by Judge Cliff Hoofman, who was appointed to replace Justice Rhonda Wood when she was elected to the Arkansas Supreme Court) and District 5 (currently occupied by Mike Kinard, who was appointed to replace Justice Robin Wynne after Wynne was elected to the Arkansas Supreme Court).

The candidates for the two contested positions on the Arkansas Court of Appeals are listed below each position in the list that follows (along with a link to each candidate’s campaign site).

Associate Judge District 2, Position 2

Associate Judge District 5

Faulkner County Circuit Court Judge Mike Murphy Announces Candidacy for Arkansas Court of Appeals

August 29, 2015August 29, 2015 ~ Tasha C. Taylor

Faulkner County Circuit Court Judge Mike Murphy announced this morning his plan to run for District 2, Position 2 of the Arkansas Court of Appeals on the March 1, 2016 election. Judge Murphy was elected to serve as the 1st Division of the Faulkner County Circuit Court in May of 2014. Prior to taking office for his elected position in January of 2015, Judge Murphy was appointed by Governor Mike Beebe to fill the vacancy left in the 2nd Division of the Faulkner County Circuit Court when the Arkansas Supreme Court removed Judge Mike Maggio from the bench last year. After completing Maggio’s term through December 31, 2014, Judge Murphy took office in his elected (and current) position as 1st Division Circuit Court Judge in Faulkner County. His term in that position expires on December 31, 2020.

The Court of Appeals position that Judge Murphy is seeking is currently occupied by Governor Beebe appointee Cliff Hoofman. Judge Hoofman was appointed to that seat when Rhonda Wood was elected to the Arkansas Supreme Court and may not seek re-election to that position.

The press release issued this morning by Judge Mike Murphy follows:

(Conway, Arkansas) — Circuit Judge Mike Murphy of Conway has announced his candidacy for the Arkansas Court of Appeals, District 2, Position 2 in the March 1, 2016 nonpartisan judicial elections.

Murphy currently serves as the 1^st Division circuit judge for the 20^th Judicial District (Faulkner, Searcy and Van Buren counties).

“I’m grateful for the opportunity to serve our citizens as one of their trial judges. It is an honor to seek this position on the appellate court bench. If elected, I pledge to work hard and uphold our laws with fairness, honesty and integrity.”

A Faulkner County native, Murphy opened a private law practice in 1988 and worked as a deputy prosecutor. Elected as Conway’s city attorney in 1990, he served for over 22 years before being elected circuit judge. Murphy attended UCA and the University of Arkansas, receiving his law degree from the School of Law in Fayetteville in 1986. He also served as law clerk for the United States Magistrate Judge in Springfield, Missouri.

Murphy was an adjunct instructor at UCA; member of the Arkansas Bar Association House of Delegates; a past-president of the Arkansas City Attorneys Association and former member of the Little Rock Air Force Base Community Council. He is a member of the Arkansas Judicial Council, the Arkansas and Faulkner County Bar Associations and serves on the boards of the Conway Public Schools Foundation and the Faulkner County Museum Commission.

Murphy is the father of three teenagers and member of Conway’s First United Methodist Church.

District 2 of the Court of Appeals is comprised of 18 counties, including Baxter, Boone, Cleburne, Conway, Faulkner, Fulton, Independence, Izard, Jackson, Lawrence, Marion, Newton, Pope, Randolph, Searcy, Sharp, Stone, and Van Buren.

Arkansas Supreme Court Chief Justice Hannah Retires; Professor Howard Brill Appointed to Fill Chief Justice Vacancy.

August 29, 2015August 29, 2015 ~ Tasha C. Taylor ~ 1 Comment

Arkansas Supreme Court Chief Justice Jim Hannah

Earlier this month, Chief Justice Jim Hannah announced his plans to retire early from his position on the Arkansas Supreme Court due to health issues. Justice Hannah was first elected as an Associate Justice on the Arkansas Supreme Court in 2000 and later was elected to the Chief Justice position in 2004.

The following is Chief Justice Hannah’s Resignation Statement:

The people of Arkansas elected me to our state’s highest court in year 2000. I will be forever grateful. It is with great pride and pleasure that I have served on the Arkansas Supreme Court for over fourteen years, the last ten in the role of Chief Justice. In recent weeks I have been challenged by a significant health issue. Having the utmost respect for my job as Chief Justice and the business of the court, I have made a decision to tender my resignation effective at the end of August 31, 2015 to focus full-time on addressing my immediate health condition. There is no greater honor that a person can receive than to have another person place his or her trust and confidence in you. I want to thank the people of Arkansas who placed their trust and confidence in me and allowed me to serve them on their Arkansas Supreme Court. I sincerely appreciate the excellent staff that has worked with me. I have been privileged to work with some of the best district court judges, circuit court judges, appellate court judges, and justices in the country. I have also been privileged to work with our excellent Administrative Office of the Courts, its leadership and dedicated employees. Lastly, thank you to my wife Pat for her sacrifice and support.

Prior to his retirement, Justice Hannah was the longest-serving member of the Arkansas judiciary, having served as a judge for more than thirty-seven years.

On Thursday of this week, Governor Asa Hutchinson appointed Professor Howard Brill to complete Chief Justice Hannah’s term on the Arkansas Supreme Court, which ends in 2016. Professor Brill is the Vincent Foster University Professor of Legal Ethics and Professional Responsibility at the University of Arkansas School of Law. He joined the law school in 1975. Among his many achievements, Professor Brill is widely known in Arkansas as the author of Arkansas Law of Damages, which is routinely cited by Arkansas state and federal courts. He has also authored Arkansas Professional and Judicial Ethics. Professor Brill has previously served as a Special Justice on the Arkansas Supreme Court on several occasions.

Today’s Investiture Results in Arkansas’s First Majority Female Supreme Court

January 6, 2015January 6, 2015 ~ Tasha C. Taylor

An investiture ceremony is being held at the Arkansas Supreme Court today at 1:00 p.m. for the swearing in of three justices: Arkansas Supreme Court Justice Karen Baker, Arkansas Court of Appeals Judge Rhonda Wood, and Arkansas Court of Appeals Judge Robin Wynne.

Supreme Court Justice Karen Baker was originally elected to the Arkansas Supreme Court in 2010. She was re-elected last May to serve an eight-year term on that Court.

Court of Appeals Judge Rhonda Wood was elected to Position 7 on the Arkansas Supreme Court in May of 2014. Judge Wood replaces Justice Hoofman, who was appointed to fill that position with the retirement of Justice Robert L. Brown at the end of 2012. Justice Hoofman will, in turn, fill the vacancy left by Judge Wood on the Arkansas Court of Appeals.

Court of Appeals Judge Robin Wynne was elected to Position 2 on the Arkansas Supreme Court in May of 2014. Judge Wynne will replace Justice Donald Corbin, who has held that position since 1990. Governor Beebe has appointed Mike Kinard of Magnolia to replace Judge Wynne on the Arkansas Court of Appeals.

As we’ve previously discussed, the addition of Judge Rhonda Wood to the Arkansas Supreme Court will result in Arkansas being one of only a few states with a female majority court of last resort, which is a first for Arkansas as well.

Arkansas Supreme Court’s Procedural Ruling Has Practical Effect of Temporarily Stopping Same-Sex Marriages in Arkansas

May 14, 2014May 14, 2014 ~ Tasha C. Taylor

Lack of Final Order Prevents Arkansas Supreme Court from Issuing a Stay of Pulaski County Circuit Court’s Ruling in Same-Sex Marriage Case

The Arkansas Supreme Court handed down a decision late this afternoon dismissing without prejudice the appeal taken by the State from the Pulaski County Circuit Court’s recent decision declaring Arkansas’s ban on same-sex marriage unconstitutional.

According to the per curiam decision, the circuit court’s order was not final because it failed to adjudicate all the claims or to otherwise include a Rule 54(b) certificate, which would allow an interlocutory appeal from an otherwise non-final order.

Arkansas Supreme Court Essentially Holds That a Stay is Unnecessary Because There is No Order Striking Down Licensing Statute

The Arkansas Supreme Court also denied the State’s plea for the Court to help alleviate confusion among circuit clerks by granting a stay pursuant to the Supreme Court’s superintending authority. The Court noted that because the circuit court had not issued a ruling with respect to Arkansas Code Annotated Section 9-11-208(b) (Repl. 2009), “License not issued to persons of the same sex,” the circuit court’s order had no effect on that statute and its prohibition against circuit and county clerks issuing same-sex marriage licenses.

Although the Pulaski County Circuit Court’s decision struck down as unconstitutional two state statutes that ban marriages by people of the same sex (Arkansas Code Annotated Sections 9-11-107, “Validity of foreign marriages” and 9-11-109, “Same sex marriage void”), it failed to rule on Arkansas Code Annotated Section 9-11-208(a)(1)(B), which provides, “A license shall not be issued to a person to marry another person of the same sex, and no same-sex marriage shall be recognized as entitled to the benefits of marriage.” It appears that this means that that statute is still in effect, so the practical effect of this ruling appears to be that circuit clerks are prohibited from issuing licenses to same-sex couples until the circuit court clarifies its ruling.

The Court’s full decision is available here: Arkansas Supreme Court Same-Sex Marriage Decision.

–Tasha Taylor

History Made with Arkansas’s First Majority-Female Supreme Court

March 4, 2014March 4, 2014 ~ Tasha C. Taylor ~ 2 Comments

Judge Rhonda Wood’s Unopposed Election Leads to First Female-Majority Arkansas Supreme Court

With the filing period officially closed and all judicial candidates announced, the Arkansas Supreme Court will, for the first time in history, be made up of a majority of female justices. Court of Appeals Judge Rhonda Wood is running unopposed for Position 7 on the Arkansas Supreme Court, the seat being vacated by Justice Cliff Hoofman. Justice Hoofman was appointed in 2012 by Governor Mike Beebe to fill the seat being vacated at that time by retiring Justice Robert L. Brown. As an appointee, Justice Hoofman cannot run for that seat.

We reached out to Judge Rhonda Wood on Monday concerning her thoughts about her place in this historic moment for the Arkansas Supreme Court:

“It was during my first year of law school that Arkansas elected the first female justice—Justice Imber Tuck. I remember my female classmates feeling excited that we broke that glass ceiling. I never dreamed that I would be part of the election cycle to break the next glass ceiling of having a majority female court. My gender doesn’t change how I follow the law, but rather changes little girls’ dreams from possibilities to probabilities.”

The 2014 judicial elections in Arkansas will take place on May 20, 2014, during the primary elections. Justice Karen R. Baker is running unopposed for Position 6, the seat she currently holds. The only other open seat on the Arkansas Supreme Court is Position 2, which is being vacated by retiring Justice Donald L. Corbin. Two candidates have filed for that position: Little Rock attorney Tim Cullen and Court of Appeals Judge Robin F. Wynne. Regardless of the outcome of that race, the Arkansas Supreme Court will be soon be comprised of four women and three men.

Appointed Female Members of the Arkansas Supreme Court

Elsijane Trimble Roy was the first female to serve as an Arkansas Supreme Court Justice. She was appointed to Position 2 on the Arkansas Supreme Court in 1975 by Governor David Pryor. In 1995, Andree Layton Roaf became the first African-American female to serve on the Arkansas Supreme Court after being appointed to that position by Governor Jim Guy Tucker. Betty Dickey was appointed by Governor Mike Huckabee to become the first female Chief Justice on the Arkansas Supreme Court in 2004. In 2008, Governor Mike Beebe appointed Elana Cunningham Wills to serve in Position 3 on the Arkansas Supreme Court.

Elected Female Members of the Arkansas Supreme Court

In 1997, Justice Annabelle Imber Tuck made history by becoming the first female to be elected to the Arkansas Supreme Court. Since Justice Tuck’s retirement from the Arkansas Supreme Court in 2009, three other female Justices have been elected to serve on the Arkansas Supreme Court, all of whom are current members of that Court: Justice Karen R. Baker, Justice Courtney Hudson Goodson, and Justice Josephine L. Hart.

With the addition of Judge Rhonda Wood in 2015, Arkansas will join the ranks of only nine other majority-female state high courts in the country: California, Maryland, New York, North Carolina, Ohio, Texas (Court of Criminal Appeals), Tennessee, Washington, and Wisconsin.

Although only nine state courts of last resort currently have a majority-female membership, sixteen state high courts are now led by female Chief Justices: Alaska, Arizona, California, Maryland, Minnesota, Missouri, New Mexico, North Carolina, Ohio, South Carolina, Texas (Court of Criminal Appeals), Virginia, Washington, West Virginia, Wisconsin, and Wyoming.

* Hat tip to Tim Cullen at ReportedDecisions.com for the suggestion to research this topic.

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–Tasha Taylor