Category: Arkansas Supreme Court News

New Arkansas Appellate Court Rules Effective August 1, 2013

~ Tasha C. Taylor ~ 1 Comment

Arkansas attorneys filing briefs and motions in the Arkansas Supreme Court or Arkansas Court of Appeals should be aware that two new rules go into effect beginning today (August 1, 2013) that change the procedure for filing briefs and pleadings in Arkansas’s appellate courts.  Arkansas Supreme Court Rule 3-7 requires that a cover sheet now be included with case initiating documents (the initial record or pleading) and Rule 1-8 requires that briefs and pleadings now be submitted electronically in addition to the paper copies also required by the Court’s rules.  The following is a summary of the two new rules.  Of course, we advise that you review these rules in full prior to filing anything in Arkansas’s appellate courts.

Rule 3-7. Cover Sheet

Rule 3-7 of the Rules of the Arkansas Supreme Court and Court of Appeals requires that a case initiating cover sheet be filed with the Clerk of the Supreme Court and Court of Appeals whenever an initial record or pleading is filed in one of Arkansas’s appellate courts. See In Re Adoption of Supreme Court and Court of Appeals Rule 3-7. Cover Sheet, 2013 Ark. 277.

The following is an image of the new appellate court cover sheet—a link to the cover sheet form on the Supreme Court’s website (as well as instructions for completing the form) can be found here.

Appellate Court Cover Sheet

Rule 1-8. Courtesy Electronic Copies

In an effort to move toward electronic filing in Arkansas’s appellate courts, the Arkansas Supreme Court and Court of Appeals are now requiring appellate attorneys to provide a courtesy electronic copy in PDF format of essentially all pleadings and briefs filed in those Courts. See In Re Adoption of Supreme Court and Court of Appeals Rule 1-8. Courtesy Electronic Copies, 2013 Ark. 256.  Note that this is in addition to the paper copies that are required by the Courts’ rules.  This new rule will apply to all motions, petitions, writs, briefs, responses, and replies. See Ark. Sup. Ct. R. 1-8(a).

Filing of the PDF document by email is not permitted under Rule 1-8.  Rather, appellate attorneys will be required to submit the PDF documents on external media (CD, flash drive, etc.) and will also be required to serve a copy on the other party.

It is important to note that compliance with Administrative Order 19 is still required with the PDF versions of documents that will be filed.  Furthermore, a very specific file naming convention is mandated by the rule.

Rule 1-8 also requires that appellate attorneys include in the paper version of the documents filed a Certificate of Compliance and Identification of Paper Documents not in PDF Format.

Anyone filing documents in the Arkansas Supreme Court or Arkansas Court of Appeals beginning today will need to carefully review this new rules before doing so.

PRACTICAL TIP: If you do not already have software installed on your computer that will allow you to easily convert Word documents to PDF format, there is free software available for download at the following two sites (our firm currently uses the Cute PDF software, which works great):

Circuit Judge Phillip Whiteaker Elected to Arkansas Court of Appeals

~ Tasha C. Taylor

Voters from the twelve east Arkansas counties that make up District 1 elected Lonoke County Circuit Court Judge Phillip Whiteaker to the Arkansas Court of Appeals to fill the vacant seat for District 1, Position 2 in the general election that was held on November 6, 2012.  Judge Whiteaker defeated Jonesboro Attorney Jeannette Robertson with a margin of approximately 10% of the vote (53.83% to 43.81%).

In the May 2012 nonpartisan judicial election held during the primary on May 22nd, the field of three candidates for District 1, Position 2 was narrowed to two when Jonesboro Attorney Richard Lusby was eliminated from the race and the runoff election between Judge Whiteaker and Jeanette Robertson was set for November 6, 2012.

Arkansas Court of Appeals Position 2 for District 1 was previously filled by Judge Raymond Abramson, a Holly Grove attorney who was appointed by Governor Mike Beebe in 2010 to fill the vacancy left on the Arkansas Court of Appeals when Judge D. Price Marshall Jr. was appointed and confirmed as a federal judge to the United States District Court for the Eastern District of Arkansas.  Raymond Abramson ran for the Arkansas Supreme Court in the May 2012 nonpartisan judicial election, but was defeated by Arkansas Court of Appeals Judge Josephine Hart, who will begin her first term on the Arkansas Supreme Court in January 2013.

2012 Judicial Election Results for Arkansas Supreme Court and Arkansas Court of Appeals

~ Tasha C. Taylor ~ 2 Comments

The 2012 nonpartisan judicial election in Arkansas has yielded one new Arkansas Supreme Court Justice, three new Judges on the Arkansas Court of Appeals, and one run-off for an Arkansas Court of Appeals position.  The following are results with nearly all precincts reporting.

Arkansas Supreme Court

Arkansas Supreme Court Justice Position 4

Arkansas Court of Appeals

District 1 Position 2

*Runoff will be held November 6, 2012.

District 2 Position 2

District 3 Position 2

District 4 Position 1

2012 Arkansas Appellate Court Election Roundup

~ Tasha C. Taylor

UPDATE: 2012 Judicial Election Results for Arkansas Supreme Court and Arkansas Court of Appeals

Elections for seven positions on Arkansas’s appellate courts will be held during the preferential primary next month, on May 22, 2012.

One position on the Arkansas Supreme Court is open along with six positions on the Arkansas Court of Appeals.  For more information about the candidates for each position, click on the links below.

Arkansas Supreme Court

Arkansas Supreme Court Justice Position 4

Arkansas Court of Appeals

District 1 Position 2

District 2 Position 2

District 3 Position 2

District 4 Position 1

District 4 Position 2

District 5 Position 1

Cabot Circuit Court Judge Philip Whiteaker Announces Candidacy for Arkansas Court of Appeals

~ Tasha C. Taylor
Cabot Circuit Court Judge Philip Whiteaker
Cabot Circuit Court Judge Philip Whiteaker

Cabot Circuit Court Judge Philip Whiteaker announced last month that he will be a candidate for District 1, Position 2 of the Arkansas Court of Appeals.  That seat is currently held by Judge Raymond Abramson, who was appointed to that position last year by Governor Mike Bebee.

Because Judge Abramson is serving by appointment, he is unable to run for the seat in the upcoming election.   Earlier this year, Abramson announced his candidacy for the Arkansas Supreme Court seat that is currently held by Justice Jim Gunter.  Justice Gunter announced in May of this year that he will not seek re-election for that position when his term ends in 2012.

Arkansas Supreme Court Kicks Off 2011-12 Term; Celebrates 175th Birthday

~ Tasha C. Taylor
Arkansas Supreme Court
(Arkansas Supreme Court Photo)

The Arkansas Supreme Court kicked off its 2011-12 term with its first oral argument in the old Supreme Court Chamber at the Arkansas State Capitol and a birthday celebration at the Arkansas Supreme Court.  This week marks the 175th birthday of the Arkansas Supreme Court.

The Court handed down its first decisions for its new term on Thursday, September 8, 2011.  Five cases were submitted to the Court for decision on Thursday, September 8, 2011.  Of those five cases, one is a criminal appeal and four are civil matters.

The criminal appeal to be decided by the Arkansas Supreme Court this week, Lemuel Session Whiteside v. State of Arkansas, was the case that was argued orally on Thursday, September 8, 2011, in the Old Supreme Court Chamber at the State Capitol Building.  Attorney Tom Sullivan represented the appellant, an Arkansas teenager who is serving a life sentence for capital murder.  Sullivan argued that the sentence was unconstitutional because the appellant was a minor at the time of the crime and he did not fire the fatal shot.  The Arkansas Supreme Court is expected to hand down a decision in Whiteside, as well as in the civil cases submitted to the Court this week, within the next month.

President Obama Nominates Arkansas Supreme Court Chief Justice Hannah to Serve on National Board

~ Tasha C. Taylor

The Arkansas Supreme Court announced in a press release this week that President Obama has nominated Arkansas Supreme Court Chief Justice Jim Hannah to serve on the Board of Directors of the State Justice Institute.

The White House Press Release includes the following biography of Justice Hannah:

Chief Justice Jim Hannah is currently serving as Chief Justice of the Arkansas Supreme Court.  He was first elected as an Associate Justice in 2000 and re-elected as Chief Justice in 2004 and 2008.  He was appointed by President Barack Obama to the Board of Directors of the State Justice Institute in 2010.  Prior to serving on the Arkansas Supreme Court, he served as a Chancery/Probate Judge in the 17th Judicial District from 1979 to 1999.  Chief Justice Hannah maintained a private law practice for ten and a half years before he was elected to the trial bench. While in private practice, he also served as the city attorney for Searcy, Arkansas, as city attorney for several communities in White County, as a city  judge  for Kensett, Arkansas and Rosebud, Arkansas, as deputy prosecuting attorney for Woodruff County, and as the White County Juvenile Judge.   Chief Justice Hannah has served as President on the Board of the Arkansas Judicial Council.  He has served as Chairman of the Arkansas Judicial Resources Assessment Committee, Legislative Committee, and Retirement Committee.  He has also served on the board of the Conference of Chief Justices and is currently serving as Co-Chair of the Committee of Families and Courts.   In addition, he sits on the U.S. Supreme Court Judicial Conference Committee on Federal-State Jurisdiction and the Arkansas Supreme Court Committees on Technology, Child Support, and Foster Care.  Chief Justice Hannah received a B.S.B.A. from the University of Arkansas, Fayetteville, and a J.D. from the University of Arkansas School of Law.

Justice Brown to Retire at the End of 2012

~ Tasha C. Taylor ~ 1 Comment
Arkansas Supreme Court Justice Robert L. Brown
Arkansas Supreme Court Justice Robert L. Brown

Earlier today, Associate Justice Robert L. Brown announced that he will be retiring from the Arkansas Supreme Court at the end of 2012.  At the time of his retirement, Justice Brown will have served for twenty-two years as a justice on the Supreme Court.

Justice Brown has authored over 1,220 majority opinions while on the Supreme Court, including a term-limits decision that was affirmed by the U.S. Supreme Court (U.S. Term Limits v. Hill) and four Lake View decisions (Lake View School District v. Huckabee).

Discussing his retirement, Justice Brown said, “Having served on the court for twenty-two years, it will be time in my case to pass the torch to a new member who will bring fresh thought and vision to the job of supreme court justice.”  Justice Brown also said that he would be “exploring other options in public service.”

The Press Release from the Arkansas Supreme Court has more details about the retirement, and about Justice Brown’s long career in public service.

United States Supreme Court Chief Justice Roberts Reappoints Arkansas’s Chief Justice Hannah to the Judicial Conference Committee

~ Andy Taylor
Chief Justice Jim Hannah
Chief Justice Jim Hannah

Chief Justice Jim Hannah has been reappointed for a three-year term to the Judicial Conference Committee on Federal-State Jurisdiction.   Justice Hannah, who is one of only four state supreme court justices serving on the committee, was first appointed to the committee in 2008.  The full press release from the Arkansas Supreme Court is after the jump.

Continue reading “United States Supreme Court Chief Justice Roberts Reappoints Arkansas’s Chief Justice Hannah to the Judicial Conference Committee” →

Court of Appeals Judge Abramson Announces Candidacy for Arkansas Supreme Court Position

~ Tasha C. Taylor ~ 2 Comments

Court of Appeals Judge Raymond Abramson announced his candidacy on Monday for the Arkansas Supreme Court position that is currently held by Associate Justice Jim Gunter.  Justice Gunter announced last week that he plans to retire at the end of his term next year.

Judge Abramson, who practiced law for 34 years in Monroe County, was appointed by Governor Beebe to the Court of Appeals last year following Judge Price Marshall’s confirmation as a federal district court judge.  Abramson is not eligible to run for that position to which he was appointed last year.

Currently, Judge Abramson is the only candidate who has announced his or her intent to run for the position currently held by Justice Gunter.