From Casetext: Smarter Legal Research

In re Administrative Order Number 3

Supreme Court of Arkansas
Oct 18, 2001
346 Ark. App'x 562 (Ark. 2001)

Opinion

Amended and Substituted Order Delivered October 18, 2001


The objective of subsections 1 and 2 of Administrative Order Number 3 is to promote the prompt and efficient determination of matters under submission to a trial judge. To augment this objective, we believe an amendment to subsection 2 (A) is necessary in order to make clear that matters under submission include not only cases that have been fully tried, but also motions submitted for decision that could bring the case to a conclusion.

Accordingly, we amend Administrative Order Number 3 by inserting this new sentence before the last sentence of subsection 2 (A): " Cases under final submission include those with motions submitted for decision that could result in the resolution or dismissal of the case, as well as those cases that have been fully tried and submitted on their merits."

This amendment is effective immediately. We republish Administrative Order Number 3, as amended, below:

ADMINISTRATIVE ORDER NUMBER 3 — TRIAL BRIEFS — TRIAL AND APPELLATE COURT DECISIONS — TIME LIMITATIONS AND REPORTS

1. Trial briefs. All matters which are under submission to a trial judge should be promptly, efficiently, and fairly determined. The total time for all parties to file briefs in any case in the circuit courts is limited to a period not to exceed thirty (30) days after the trial is completed and the case is ready for decision. Upon a showing or written statement of special circumstances in a particular case, the time for filing briefs may be extended, reduced, or eliminated at the discretion of the trial judge.

2. Trial court decisions.

A. Judges of circuit courts are directed to submit to the Administrative Office of the Courts at the end of each calendar quarter, reports of cases which have been under advisement for more than ninety (90) days after final submission. These reports are to be submitted on forms supplied by the Administrative Office of the Courts. In cases which have been pending for more than ninety (90) days after final submission, the quarterly report shall include the date when the case was submitted and a statement of the reasons necessitating the delay in rendering a decision. Cases under final submission include those with motions submitted for decision that could result in the resolution or dismissal of the case, as well as those cases that have been fully tried and submitted on their merits. If there are no cases which are pending for that length of time, the report shall simply state "none."

B. The Administrative Office of the Courts shall promptly review all reports filed by the trial courts, and if it determines that the delay in any case was not caused by the parties or their counsel, it shall recommend to the Supreme Court a judge to be assigned or appointed to dispose of the delayed case.

C. Willful noncompliance with the provisions of the order shall constitute grounds for discipline under the provisions of Canon 3 B (8) of the Arkansas Code of Judicial Conduct. Any judge whose quarterly report is not received by the 15th of the month following the end of the previous quarter (i.e., January 15, April 15, July 15, October 15) will be automatically referred to the Judicial Discipline and Disability Commission for possible discipline.

3. Appellate court decisions.

A. Justices and Judges of the Arkansas Supreme Court and Court of Appeals are directed to submit to the Chief Justice of the Supreme Court at the end of each quarter a report of any case in which an opinion has not been issued within sixty (60) days from the case's submission. The report shall include a statement of the reason necessitating the delay in issuing an opinion.

B. The Supreme Court will review the reasons given for delay in any reported case and make any reassignment or take any appropriate action necessary to dispose of the case.

C. Willful noncompliance with the provisions of this order shall constitute grounds for discipline under the provisions of Canon 3 B (8) of the Arkansas Code of Judicial Conduct.

4. Effective date. This order shall become effective commencing January 1, 1991, and the initial quarterly reports shall be filed on or before March 31, 1991, and the last day of each quarterly month thereafter.


Summaries of

In re Administrative Order Number 3

Supreme Court of Arkansas
Oct 18, 2001
346 Ark. App'x 562 (Ark. 2001)
Case details for

In re Administrative Order Number 3

Case Details

Full title:IN RE: ADMINISTRATIVE ORDER NUMBER 3

Court:Supreme Court of Arkansas

Date published: Oct 18, 2001

Citations

346 Ark. App'x 562 (Ark. 2001)