Opinion
Opinion Delivered January 30, 2003
In response to the passage of Amendment 80 to the Arkansas Constitution, this Court adopted Administrative Order Number 14 on April 6, 2001, to begin the implementation of court administration under the new constitutional structure. In re Adoption of Administrative Order Number 14, 344 Ark. 747 [ 344 Ark. Appx. 747] (2001). Subsequently, in reviewing administrative plans, we acknowledged that implementation was an evolving process which would be refined with the benefit of experience. In re Implementation of Amendment 80: Administrative Plans Pursuant to Administrative Order Number 14, 345 Ark. 664 [ 345 Ark. Appx. 664] (2001). Since its promulgation, the Court has twice adopted minor amendments to Administrative Order Number 14. In re Amendments to Administrative Orders Numbers 8 and 14, 346 Ark. 568 [ 346 Ark. Appx. 568] (2001); In re Administrative Order Number 14, 349 Ark. Appx. (2002).
We have now had almost two years experience with Administrative Order Number 14. The Court has heard the comments and suggestions of circuit judges in both formal and informal settings and has reviewed the Resolution of the Arkansas Judicial Council adopted at its 2002 Annual Meeting. See In re Administrative Order Number 14, 349 Ark. Appx. (2002). At that time, we took the Council's request for changes in Administrative Order Number 14 under advisement. We have now concluded that the time is right for major refinements to Administrative Order Number 14, which we announce today, several of which we wish to highlight.
In our per curiam order approving plans, we discussed such issues as judicial specialization and special circumstances associated with juvenile and criminal proceedings. See In re Administrative Plans, 345 Ark. at 665. Under the amendments which we announce today, cases in the criminal or juvenile divisions of circuit court may be exclusively assigned to particular judges. (Section 3(a)(2)).
A new Section 2 provides for administrative judges in all judicial circuits with two or more judges. The means of selection, term of office, and duties for administrative judges are all set out.
Under today's amendments, administrative plans will be adopted by majority vote of the judges in the circuit (Section 3); and the terms "random selection" and "a substantially equal apportionment of cases" are further explained. (Section (3)(a)(1)). The interim submission date and effective date for plans announced in July, 2002, see 349 Ark. Appx., have now been memorialized in Section (4)(a).
We have not attempted to discuss all the changes made to Administrative Order Number 14 and urge judges and other interested parties to carefully review this amended order. We thank the members of the judiciary for their interest and assistance which has culminated in the amendments today. We continue to recognize that implementation of Amendment 80 is an evolving process, and the Court will be ready to address administrative issues that arise in the future.
Finally, the Court adopts Administrative Order Number 14, as amended, effective immediately, and republishes it as set out below. Because of the timing of this per curiam order, the date for selection of administrative judges for 2003 shall be March 21, 2003, in lieu of February 1. ( See Section (2)(a)). Pursuant to our previous order, administrative plans will be due July 1, 2003, to be effective January 1, 2004, consistent with Section (4)(a).
ADMINISTRATIVE ORDER NUMBER 14 — ADMINISTRATION OF CIRCUIT COURTS
1. Divisions.
a. The circuit judges of a judicial circuit shall establish the following subject-matter divisions in each county of the judicial circuit: criminal, civil, juvenile, probate, and domestic relations. The designation of divisions is for the purpose of judicial administration and caseload management and is not for the purpose of subject-matter jurisdiction. The creation of divisions shall in no way limit the powers and duties of the judges to hear all matters within the jurisdiction of the circuit court.
b. For purposes of this order, "probate" means cases relating to decedent estate administration, trust administration, adoption, guardianship, conservatorship, commitment, and adult protective custody. "Domestic Relations" means cases relating to divorce, annulment, maintenance, custody, visitation, support, paternity, and domestic abuse. Provided, however, the definitions of "probate" and "domestic relations" are not intended to restrict the juvenile division of circuit court from hearing adoption, guardianship, support, custody, paternity, or commitment issues which may arise in juvenile proceedings.
2. Administrative Judges.
In each judicial circuit in which there are two or more circuit judges, there shall be an administrative judge.
a. Means of Selection. On or before the first day of February of each year following the year in which the election of circuit judges is held, the circuit judges of a judicial circuit shall select one of their number by secret ballot to serve as the administrative judge for the judicial circuit. In circuits with fewer than ten judges the selection must be unanimous among the judges in the judicial circuit. In circuits with 10 or more judges the selection shall require the approval of at least 75% of the judges. The name of the administrative judge shall be submitted in writing to the Supreme Court. If the judges are unable to agree on a selection, they shall notify the Chief Justice of the Supreme Court in writing and furnish information detailing their efforts to select an administrative judge and the results of their balloting. The Supreme Court shall then select the administrative judge. An administrative judge shall be selected on the basis of his or her administrative skills.
b. Term of Office. The administrative judge shall serve a term of two years and may serve successive terms. The administrative judge shall be subject to removal for cause by the Supreme Court. If a vacancy occurs in the office of the administrative judge prior to the end of a term, then within twenty days of such vacancy, the circuit judges in office at the time of such vacancy shall select an administrative judge to serve the unexpired term, and failing to do so, the Supreme Court shall select a replacement.
c. Duties. In addition to his or her regular judicial duties, an administrative judge shall exercise general administrative supervision over the circuit court and judges within his or her judicial circuit under the administrative plan submitted pursuant to Section 3 of this Administrative Order. The administrative judge will be the liaison for that judicial circuit with the Chief Justice of the Supreme Court in matters relating to administration. In addition, the duties of the administrative judge shall include the following:
(1) Administrative Plan. The administrative judge shall insure that the administrative plan and its implementation are consistent with the requirements of the orders of the Supreme Court.
(2) Case Assignment. Cases shall be assigned under the supervision of the administrative judge in accordance with the circuit's administrative plan. The administrative judge shall assure that the business of the court is apportioned among the circuit judges as equally as possible, and cases may be reassigned as necessity requires. A circuit judge to whom a case is assigned shall accept that case unless he or she is disqualified or the interests of justice require that the case not be heard by that judge.
(3) Judicial Assignments. The administrative judge may, when specified in the circuit's administrative plan, provide for the assignment or reassignment of judges to any subject matter division of the circuit court to hear matters within that division.
(4) Information Compilation. The administrative judge shall have responsibility for the computation, development, and coordination of case statistics and other management data respecting the judicial circuit.
(5) Improvements in the Functioning of the Court. The administrative judge shall periodically evaluate the effectiveness of the court in administering justice and recommend changes to the Supreme Court.
3. Administrative Plan.
The circuit judges of each judicial circuit by majority vote shall adopt a plan for circuit court administration. The administrative judge of each judicial circuit shall submit the administrative plan to the Supreme Court. The purpose of the administrative plan is to facilitate the best use of the available judicial and support resources within each circuit so that cases will be resolved in an efficient and prompt manner. The plan shall include the following:
a. Case Assignment and Allocation. (1) The plan shall describe the process for the assignment of cases and shall control the assignment and allocation of cases in the judicial circuit. In the absence of good cause to the contrary, the plan of assignment of cases shall assume (i) random selection of unrelated cases; (ii) a substantially equal apportionment of cases among the circuit judges of a judicial circuit; and (iii) all matters connected with a pending or supplemental proceeding will be heard by the judge to whom the matter was originally assigned. For purposes of subsection 3(a)(1)(i), "random selection" means that cases assigned to a particular subject-matter division shall be randomly distributed among the judges assigned to hear those types of cases. For purposes of subsection 3(a)(1)(ii), "a substantially equal apportionment of cases" does not require that the judges among whom the cases of a division are assigned must hear the same percentage of such cases so long as the judges' overall caseloads are substantially equal.
(2) Cases in the criminal division or the juvenile division may be exclusively assigned to particular judges, but such assignment shall not preclude them from hearing cases from any subject-matter division of circuit court. Except for the exclusive assignment of criminal and juvenile division cases, cases in other subject-matter divisions should not be exclusively assigned to particular judges absent extraordinary reasons which must be set out in the circuit's administrative plan.
(3) The Administrative Office of the Courts shall as soon as practical develop and make available to each judicial circuit a computerized program to assure (i) random assignment of cases where appropriate and (ii) a substantially equal apportionment of cases among the judges.
b. Caseload Estimate. The plan shall provide a process which will apportion the business of the circuit court among each of the judges within the judicial circuit on as equal a basis as possible. The plan shall include an estimate of the projected caseload of each of the judges based upon previous case filings. If, at any time, it is determined that a workload imbalance exists which is affecting the judicial circuit or a judge adversely, the plan shall be amended subject to the provisions of Section 4 of this Administrative Order.
4. Supreme Court.
a. The administrative plan for the judicial circuit shall be submitted by the administrative judge to the Supreme Court by July 1 of each year following the year in which the general election of circuit judges is held. The effective date of the plan will be the following January 1. Until a subsequent plan is submitted to and published by the Supreme Court, any plan currently in effect shall remain in full force. Judges who are appointed or elected to fill a vacancy shall assume the caseload assigned to the judge they are replacing until such time a new administrative plan is required or the original plan is amended. Upon approval, the Supreme Court shall publish the administrative plan and a copy shall be filed with the clerk of the circuit court in each county within the judicial circuit and the Clerk of the Supreme Court. The process for the amendment of a plan shall be the same as that of the plan's initial adoption.
b. In the event the administrative judge is unable to submit a plan consistent with the provisions of this Administrative Order, the Supreme Court shall formulate a plan for the equitable distribution of cases and caseloads within the judicial circuit. The Supreme Court shall set out the plan in an order which shall be filed with the clerk of each court in the judicial circuit and the Clerk of the Supreme Court. The clerk shall thereafter assign cases in accordance with the plan.
c. In the event an approved plan is not being followed, a judge may bring the matter to the attention of the Chief Justice of the Arkansas Supreme Court by setting out in writing the nature of the problem. Upon receipt of a complaint, the Supreme Court may cause an investigation to be undertaken by appropriate personnel and will take other action as may be necessary to insure the efficient operation of the courts and the expeditious dispatch of litigation in the judicial circuit.