Although the Circuit Court of Crittenden County convened for its September, November, January and February terms before appellant was tried, the trial court held that appellant should not be discharged because only one "full term of court" had expired before his trial. Relying on our decisions in Gardner v. State, 252 Ark. 828, 481 S.W.2d 342 (1972) and State v. Knight, 259 Ark. 107, 533 S.W.2d 488 (1976), the trial court treated each division like a separate court and, although considering the expired terms of both the criminal and civil divisions, only added terms in any one division to determine how many terms had expired. Calculating terms by this method, the trial court determined that only the September term had expired in Division 1, only the November term had expired in Division II, and no term had expired in Division III.

The Board's actions are filed with the Supreme Court Clerk's file, of which this court takes judicial notice.See Shoemate v. State, 339 Ark. 403, 5 S.W.3d 446 (1999); State v. Knight, 259 Ark. 107, 533 S.W.2d 488 (1976). There are other complaints and actions that have been taken against Ms. Keels that are reflected in the Supreme Court Clerk's file, but we need not dwell on them for present purposes.

Our Rules of Criminal Procedure provide a bar against prosecution only if a defendant is not brought to trial before the expiration of three full terms of court, excluding the term in which the arrest occurs and all periods of necessary delay. Arkansas Criminal Procedure Rule 28.1 and 30.1 (1976); Matthews v. State, 268 Ark. 484, 598 S.W.2d 58 (1980); State v. Knight, 259 Ark. 107, 533 S.W.2d 488 (1976). In the Pulaski County Circuit Court where the appellant was tried, no such speedy trial violation can occur before the expiration of 18 months since the court has only two six months terms a year.

At the outset the State concedes that three full terms of court had run before the motion to dismiss was filed. So we need not consider the usual problem of counting terms that arises in the Second Judicial Circuit. See Gardner v. State, 252 Ark. 828, 481 S.W.2d 342 (1972); State v. Knight, 259 Ark. 107, 533 S.W.2d 488 (1976); Harkness v. Harrison, 266 Ark. 59, 585 S.W.2d 10 (1979), and Alexander v. State, 268 Ark. 384, 598 S.W.2d 395 (1980). The landmark case on the question of a speedy trial, a right guaranteed by the United States Constitution, is Barker v. Wingo, 407 U.S. 514 (1972).

We have held, in connection with the Crittenden County Circuit Court, that in construing Ark. Stat. Ann. 43-1708, which was replaced by Rule 28 of the Arkansas Rules of Criminal Procedure, we will treat the divisions of circuit court the same. State v. Knight, 259 Ark. 107, 533 S.W.2d 488 (1976). In other words, the terms of court of each division will be counted when Rule 28 is in issue.

Because of this, we will pass upon the question in this case, but we call attention to the fact that a defendant may raise such an objection at the time the verdict is returned, at the time of sentencing or by motion for new trial. See Taylor v. State, 187 Ark. 1164, 62 S.W.2d 15; Cargill v. State, 76 Ark. 550, 90 S.W. 618; State v. Knight, 259 Ark. 107, 533 S.W.2d 488; Rule 36.22, Rules of Criminal Procedure; Ark. Stat. Ann. 43-2303, -2304 (Repl. 1977).

1964). State v. Knight, 259 Ark. 107, 533 S.W.2d 488 (1976). See also Ark. Crim. Proc., Rule 28 (1976) (Act 280 of 1975).