Opinion
Delivered April 6, 2001
Pursuant to Section 6 (B) of Amendment 80 of the Arkansas Constitution, the Supreme Court hereby adopts, effective immediately, Administrative Order Number 14 concerning the subject-matter divisions of circuit court.
We thank the members of the Supreme Court Amendment 80 Implementation Committee for their work in assisting this court to formulate Administrative Order Number 14.
ADMINISTRATIVE ORDER NUMBER 14 DIVISIONS OF CIRCUIT COURTS ADMINISTRATIVE PLAN
1. Divisions. a. A circuit judge shall at all times have the authority to hear all matters within the jurisdiction of the circuit court and has the affirmative duty to do so regardless of the designation of divisions. 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 as circuit judges. Judges shall not be assigned exclusively to a particular division so as to preclude them from hearing other cases which may come before them.b. For purposes of this order, "probate" means cases relating to decedent estates, trust administration, adoption, guardianship, conservatorship, commitment, change of name, and adult protective custody. "Domestic Relations" means cases relating to divorce, annulment, maintenance, custody, visitation, support, paternity, and domestic abuse.
2. Administrative Plan. The circuit judges of a judicial circuit shall submit a plan for circuit court administration to the Supreme Court for approval. The plan shall include the following:
a. Administrative Policy. Each judicial circuit which is served by more than one circuit judge shall adopt a written policy which describes the process by which case management and administrative procedures to be used within the judicial circuit will be determined. The circuit judges of the judicial circuit must unanimously agree, and evidence their agreement, as to the manner in which decisions will be reached under the plan. For example, the policy might require the establishment of periodic meetings by all judges and might specify the requirement of an affirmative vote by a majority, super-majority, or unanimous consent of all the judges. In the alternative, the policy might provide for the designation or selection of an administrative judge or an administrative committee to make such decisions or to be responsible for on-going implementation. In designing a plan, any special circumstances within the judicial circuit and the individual experience of the judges may be considered.
b. 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.
(2) 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.
(c) 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 (3) of this Administrative Order.
3. Supreme Court. The administrative plan for the judicial circuit shall be submitted to the Supreme Court by March 1 of each year following the year in which the general election of circuit judges is held. Until a subsequent plan is approved by the Supreme Court, any approved plan currently in effect shall remain in full force. Upon approval, a copy of the order shall be filed with the clerk of the circuit court and the clerk of the Supreme Court. An approved plan may only be amended if approved by the Supreme Court. In the event the circuit judges are unable to agree on a plan or the plan is not approved by the Supreme Court, the Supreme Court may 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. The Supreme Court shall appoint a circuit judge from the judicial circuit to serve as an administrative judge for the purpose of implementing the plan formulated by the Supreme Court. 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.
4. Transition. a. No divisions of circuit court shall be effective as of January 1, 2002 unless the Supreme Court has approved the circuit court's administrative plan. Each judicial circuit shall submit its initial administrative plan to the Supreme Court on or before June 1, 2001. The Supreme Court shall approve or disapprove such plans on or before July 1, 2001. The initial plans shall be implemented on January 1, 2002.
b. For the period July 1, 2001 through December 31, 2001, all judges are circuit judges and may hear any type of case, but during this period of transition, circuit judges shall continue to be assigned the types of cases each was being assigned prior to the effective date of Amendment 80 of the Arkansas Constitution.