Arkansas Court of Appeals Election Update: District 2, Position 1

~ Tasha C. Taylor

Judge Josephine Linker Hart is seeking reelection for District 2, Position 1 on the Arkansas Court of Appeals.  Judge Hart has served on the Court of Appeals for 11 years.  Circuit Court Judge Rhonda Wood announced her candidacy for that position last month. See Circuit Judge Rhonda Wood Announces Candidacy for Arkansas Court of Appeals.  The election for this position will be held on May 18, 2010.

Appellant’s Addendum in Appeal From Summary Judgment Decision Must Include, Inter Alia, the Documents on Which That Decision Was Based

~ Tasha C. Taylor ~ 1 Comment

In an appeal from a summary judgment order, the Appellant must include all documents upon which the circuit court’s summary judgment decision was based. See Dachs v. Hendrix, 2009 Ark. 322, — S.W.3d — (2009) (per curiam) (holding that “an order of a circuit court cannot be reviewed for error when the addendum fails to include the documents on which the order was based.”).

An Appellant is required, for example, to include in his Addendum the motions and briefs supporting and opposing summary judgment. See Snowden v. JRE Investments, Inc., 2010 Ark. 80, — S.W.3d — (February 18, 2010) (per curiam).  In an appeal from a summary judgment decision, those motions will be “essential to an understanding of the case.” See Snowden, supra; see also  Ark. Sup. Ct. R. 4-2(a)(8).

Arkansas Supreme Court Rule 4-2(a)(8) provides the following concerning the Appellant’s Addendum:

 The appellant’s brief shall contain an addendum after the signature and certificate of service. The addendum shall contain true and legible copies of the non- transcript documents in the record on appeal that are essential for the appellate court to confirm its jurisdiction, to understand the case, and to decide the issues on appeal. The addendum shall not merely reproduce the entire record of trial court filings, nor shall it contain any document or material that is not in the record.

While the rule provides that not every document from the record of trial court filings should be included in the Appellant’s Addendum, it is necessary to include all documents in the record “that are essential for the appellate court to confirm its jurisdiction, to understand the case, and to decide the issues on appeal.” Ark. Sup. Ct. R. 4-2(a)(8).

Circuit Judge Rhonda Wood Announces Candidacy for Arkansas Court of Appeals

~ Tasha C. Taylor ~ 1 Comment

This week, Judge Rhonda Wood, who has served as a circuit court judge for the 20th judicial district for the past four years, announced her candidacy for District 2, Position 1 on the Arkansas Court of Appeals.  Judge Josephine Linker Hart currently holds that position.  There has been no announcement to date from Judge Hart concerning whether she intends to seek re-election.  The election for this position will be held on May 18, 2010.

Civil Practice Rule Changes On The Way–Comments on Suggested Rule Changes Due By March 30, 2010

~ Tasha C. Taylor ~ 1 Comment

The Arkansas Supreme Court handed down a per curiam decision on January 21, 2010, outlining proposed rule changes suggested by the Arkansas Supreme Court Committee on Civil Practice. 

The multiple proposed changes to the Arkansas Rules of Civil Procedure, the Arkansas Rules of the Supreme Court and the Court of Appeals, and the Arkansas Rules of Appellate Procedure–Civil are outlined in the Court’s per curiam order. 

Comments concerning the suggested rule changes must be submitted in writing to the Supreme Court Clerk’s office before March 31, 2010.

Arkansas Supreme Court Update: Position 6

~ Tasha C. Taylor

Last month, following Justice Bowen’s decision to step down from the Governor-appointed position of Associate Justice, Governer Beebe appointed Ron Sheffield to complete the term of Justice Imber, who retired last year as an Associate Justice of the Arkansas Supreme Court. 

A special election will be held later this year to determine who will complete Justice Imber’s term, which expires in 2014.  Currently, the candidates for Position 6 are: (1) Judge Tim Fox; (2) Judge Karen Baker; and (3) Evelyn Moorehead.