Category: News

Fayetteville Attorney Kenneth S. Hixson Joins Race for Arkansas Court of Appeals Seat for District 3, Position 2

~ Tasha C. Taylor
Arkansas Attorney Kenneth S. Hixson Announces Candidacy for Arkansas Court of Appeals
Fayetteville Attorney Kenneth S. Hixson

Fayetteville attorney, Kenneth S. Hixson, has joined the race for the 2012 election to the Arkansas Court of Appeals for District 3, Position 2.  Hixson is a partner in the Hixson & Daniels law firm in Fayetteville, Arkansas.

Currently, the Honorable W. Douglas Martin holds the seat for District 3, Position 2.  Judge Martin was appointed by Governor Mike Beebe to complete the term that was left vacant when Justice Courtney Henry was elected to the Arkansas Supreme Court.  Arkansas law prohibits Judge Martin from seeking reelection for that position because he was appointed, and not elected, to that seat.

Currently Mr. Hixson is one of two attorneys to announce their candidacies for District 3, Position 2 are Mr. Hixson and Niki Cung. See Niki Cung Announces Candidacy for Arkansas Court of Appeals.

The 2012 elections for open positions on the Arkansas Court of Appeals and the Arkansas Supreme Court will take place on May 22, 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.

Circuit Judge Jake Looney Announces for Arkansas Court of Appeals Position

~ Tasha C. Taylor ~ 3 Comments
Arkansas Circuit Court Judge Jake Looney Announces Candidacy for Arkansas Court of Appeals Position
Circuit Court Judge Jake Looney

Circuit Court Judge Jake Looney recently announced his candidacy for the Arkansas Court of Appeals.  Judge Looney is running for the District 4 seat on the Arkansas Court of Appeals.  Currently Judge John Robbins holds that position, but plans to retire in 2012.  Judge Looney is from Mena and is a former Dean of the University of Arkansas School of Law.

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.

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” →

Niki Cung Announces Candidacy for Arkansas Court of Appeals

~ Andy Taylor ~ 1 Comment
Niki Cung - Candidate for Arkansas Court of Appeals
Niki Cung - Candidate for Arkansas Court of Appeals

The Arkansas News Bureau reports that Niki Cung, a partner at Kutak Rock LLP, will run for the Arkansas Court of Appeals seat currently held by Judge Doug Martin, another Kutak Rock member.  Judge Martin was appointed by Gov. Beebe to the seat previously held by Justice Courtney Henry upon her election to the Arkansas Supreme Court.

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.

Arkansas Supreme Court Associate Justice Jim Gunter Will Not Seek Re-Election

~ Tasha C. Taylor ~ 2 Comments

The Administrative Office of the Courts announced today that Associate Justice Jim Gunter will not seek re-election when his term ends in 2012.

The Arkansas Times reported in February of this year that Judge Ray Abramson, who is currently serving in an appointed position on the Arkansas Court of Appeals, was planning to run for the Arkansas Supreme Court in 2012. See Arkansas Times: Judge Ray Abramson to Run for Arkansas Supreme Court.  While Judge Abramson has not made an official announcement, the Arkansas Times continues to report that he will run for Justice Gunter’s seat.

Arkansas Supreme Court Rules Act 1 Unconstitutional

~ Tasha C. Taylor ~ 1 Comment

The Arkansas Supreme Court, in a unanimous decision handed down this morning, affirmed the Pulaski County Circuit Court’s decision ruling that Act 1 is unconstitutional as a violation of fundamental privacy rights under the Arkansas Constitution.

The following is a link to the Court’s Decision: DHS v Cole Opinion. 

Act 1–also known as the Arkansas Adoption and Foster Care Act of 2008–was approved by Arkansas voters by a vote of 57% on November 4, 2008.  Act 1, which went into effect on January 1, 2009, prohibits an individual from adopting or serving as a foster parent if that individual is “cohabiting with a sexual partner outside of a marriage that is valid under the Arkansas Constitution and the laws of this state.” Ark. Code Ann. Section 9-8-304(b).  The prohibition on adoption and foster parenting “applies equally to cohabiting opposite-sex and same-sex individuals.” Ark. Code Ann. Section 9-8-304(b).

In today’s opinion, the Arkansas Supreme Court announced its holding concerning the constitutionality of Act 1 as follows:

We hold that a fundamental right to privacy is at issue in this case and that, under the Arkansas Consitution, sexual cohabitors have the right to engage in private, consensual, noncommercial intimacy in the privacy of their homes.  We further hold that this right is jeopardized by Act 1 which precludes all sexual cohabitors, without exception, from eligibility for parenthood, whether by means of adoption or foster care. 

Arkansas Times: Judge Ray Abramson To Run For Arkansas Supreme Court

~ Andy Taylor ~ 1 Comment

The Arkansas Times is reporting that Judge Ray Abramson, who is currently serving in an appointed position on the Arkansas Court of Appeals, will run for the Arkansas Supreme Court in 2012.  He would be running for Arkansas Supreme Court Associate Justice Jim Gunter‘s seat.  Justice Gunter has not announced whether he will seek re-election to that seat.