Your feedback ensures we stay focused on the facts that matter to you most—take our survey
Arkansas Court of Appeals
| Arkansas Court of Appeals | |||
 | |||
| Court information | |||
| Judges: | 12 | ||
| Founded: | 1978 | ||
| Salary: | Associates: $197,596[1] | ||
| Judicial selection | |||
| Method: | Nonpartisan election of judges | ||
| Term: | 8 years | ||
The Arkansas Court of Appeals is the intermediate appellate court in Arkansas. The court was established by Amendment 58 to the Arkansas Constitution in 1978. It is composed of 12 judges who are elected in nonpartisan elections from seven appellate court districts to serve renewable eight-year terms.[2] The current chief judge of the court is Mark Klappenbach.
The court term starts in the middle of August and ends on July 4th of the next year. Opinions issued by the court are available each Wednesday at 9:00 a.m. during the term.[2]
The court is located in the Arkansas Justice Building, 625 Marshall Street, Little Rock, Arkansas 72201.[2]
Jurisdiction
All cases to be appealed are generally filed with the Arkansas Court of Appeals. The types of appeals that are not heard by the Arkansas Court of Appeals, but are instead under the jurisdiction of the Arkansas Supreme Court, are appeals regarding:
- the interpretation or construction of the Constitution of Arkansas;
- criminal appeals in which the death penalty or life imprisonment has been imposed;
- petitions for quo warranto, prohibition, injunction or mandamus directed to the state, county or municipal officials or to circuit courts;
- elections and election procedures;
- discipline of attorneys-at-law and/or arising under the power of the Arkansas Supreme Court to regulate the practice of law;
- discipline and disability of judges;
- second or subsequent appeals following an appeal which has been decided in the Arkansas Supreme Court; and
- appeals required by law to be heard by the Arkansas Supreme Court.[3]
There is no immediate right to appeal a decision made by the Arkansas Court of Appeals to the Arkansas Supreme Court. Instead, an appeal to the Arkansas Supreme Court may be granted if the party seeking a review of an opinion applies for an appeal, if the Arkansas Court of Appeals certifies the right to an appeal or if the Arkansas Supreme Court finds that it, itself, should have been assigned the original appeal.[2]
Judges
Judicial selection
- See also: Nonpartisan election of judges
There 12 judges on the Arkansas Court of Appeals are selected through nonpartisan elections. They compete in nonpartisan general elections—occurring at the same time as the primary elections for other state officials—in which the candidate who receives more than 50 percent of the vote wins the seat. If no candidate garners a majority of the vote, the top two candidates compete in a runoff during the November general election.[4]
The winners are elected to eight-year terms. Sitting judges must run for re-election at the expiration of their terms.[5]
Qualifications
To serve on this court, a judge must be:[6]
- licensed to practice law in Arkansas for at least eight years;
- a qualified elector within the geographic area from which chosen.
Chief judge
The chief judge is appointed by the chief justice of the supreme court and serves in that capacity for four years.[7]
Vacancies
In the event of a midterm vacancy, an interim judge is selected by the governor. This appointee will serve until the next general election taking place four or more months after the vacancy occurred.[8]
Elections
2024
The terms of two Arkansas intermediate appellate court judges expired on December 31, 2024. The two seats were up for nonpartisan election on March 5, 2024. A general runoff election was scheduled for November 5, 2024. The filing deadline was November 14, 2023.
Candidates and results
District 6, Position 1
General runoff election
General runoff election for Arkansas Court of Appeals District 6 Position 1
Casey Tucker defeated Molly McNulty in the general runoff election for Arkansas Court of Appeals District 6 Position 1 on November 5, 2024.
Candidate | % | Votes | ||
| ✔ | Casey Tucker (Nonpartisan) | 52.3 | 97,593 | |
| Molly McNulty (Nonpartisan) | 47.7 | 89,134 | ||
| Total votes: 186,727 | |||
 = candidate completed the Ballotpedia Candidate Connection survey. | ||||
| If you are a candidate and would like to tell readers and voters more about why they should vote for you, complete the Ballotpedia Candidate Connection Survey. | ||||
Do you want a spreadsheet of this type of data? Contact our sales team. | ||||
General election
General election for Arkansas Court of Appeals District 6 Position 1
Molly McNulty and Casey Tucker advanced to a runoff. They defeated Pam Hathaway in the general election for Arkansas Court of Appeals District 6 Position 1 on March 5, 2024.
Candidate | % | Votes | ||
| ✔ | Molly McNulty (Nonpartisan) | 36.5 | 22,519 | |
| ✔ | Casey Tucker (Nonpartisan) | 33.8 | 20,845 | |
| Pam Hathaway (Nonpartisan) | 29.8 | 18,379 | ||
| Total votes: 61,743 | |||
| = candidate completed the Ballotpedia Candidate Connection survey. | ||||
| If you are a candidate and would like to tell readers and voters more about why they should vote for you, complete the Ballotpedia Candidate Connection Survey. | ||||
Do you want a spreadsheet of this type of data? Contact our sales team. | ||||
District 7
General election
The general election was canceled. Waymond Brown (Nonpartisan) won without appearing on the ballot.
Judges not on the ballot
- Rita Gruber (District 6, Position 1)
2022
Candidates and results
District 1, Position 1
General election
The general election was canceled. Raymond Abramson (Nonpartisan) won without appearing on the ballot.
District 1, Position 2
General election
The general election was canceled. Cindy Thyer (Nonpartisan) won without appearing on the ballot.
District 3, Position 2
General election
The general election was canceled. Kenneth Hixson (Nonpartisan) won without appearing on the ballot.
District 6, Position 2
General election
General election for Arkansas Court of Appeals District 6 Position 2
Wendy Wood defeated Stephanie Casady in the general election for Arkansas Court of Appeals District 6 Position 2 on May 24, 2022.
Candidate | % | Votes | ||
| ✔ |  | Wendy Wood (Nonpartisan) | 50.1 | 38,569 |
 | Stephanie Casady (Nonpartisan) | 49.9 | 38,444 | |
| Total votes: 77,013 | |||
| = candidate completed the Ballotpedia Candidate Connection survey. | ||||
| If you are a candidate and would like to tell readers and voters more about why they should vote for you, complete the Ballotpedia Candidate Connection Survey. | ||||
Do you want a spreadsheet of this type of data? Contact our sales team. | ||||
Judges not on the ballot
- Phillip Whiteaker (District 1, Position 2)
- Larry Vaught (District 6, Position 2)
2020
Candidates and results
District 2, Position 2
General election
The general election was canceled. Mike Murphy (Nonpartisan) won without appearing on the ballot.
District 4, Position 1
General election
The general election was canceled. Brandon Harrison (Nonpartisan) won without appearing on the ballot.
District 4, Position 2
General election
General election for Arkansas Court of Appeals District 4 Position 2
Stephanie Potter Barrett defeated Emily White in the general election for Arkansas Court of Appeals District 4 Position 2 on March 3, 2020.
Candidate | % | Votes | ||
| ✔ | Stephanie Potter Barrett (Nonpartisan) | 56.5 | 42,505 | |
| Emily White (Nonpartisan) | 43.5 | 32,670 | ||
| Total votes: 75,175 | |||
| = candidate completed the Ballotpedia Candidate Connection survey. | ||||
| If you are a candidate and would like to tell readers and voters more about why they should vote for you, complete the Ballotpedia Candidate Connection Survey. | ||||
Do you want a spreadsheet of this type of data? Contact our sales team. | ||||
District 5
General election
General election for Arkansas Court of Appeals District 5
Incumbent Mark Klappenbach defeated James McMenis in the general election for Arkansas Court of Appeals District 5 on March 3, 2020.
Candidate | % | Votes | ||
| ✔ |  | Mark Klappenbach (Nonpartisan) | 67.5 | 19,892 |
| James McMenis (Nonpartisan) | 32.5 | 9,594 | ||
| Total votes: 29,486 | |||
| = candidate completed the Ballotpedia Candidate Connection survey. | ||||
| If you are a candidate and would like to tell readers and voters more about why they should vote for you, complete the Ballotpedia Candidate Connection Survey. | ||||
Do you want a spreadsheet of this type of data? Contact our sales team. | ||||
Judges not on the ballot
2018
Candidates and results
District 2, Position 1
General election
General election for Arkansas Court of Appeals District 2 Position 1
Candidate | % | Votes | ||
| ✔ |  | Bart Virden (Nonpartisan) | 52.8 | 31,514 |
| Johnnie Copeland (Nonpartisan) | 47.2 | 28,155 | ||
| Total votes: 59,669 | |||
| = candidate completed the Ballotpedia Candidate Connection survey. | ||||
| If you are a candidate and would like to tell readers and voters more about why they should vote for you, complete the Ballotpedia Candidate Connection Survey. | ||||
Do you want a spreadsheet of this type of data? Contact our sales team. | ||||
District 3, Position 1
General election
General election for Arkansas Court of Appeals District 3 Position 1
Candidate | ||
| ✔ |  | Robert Gladwin (Nonpartisan) |
| ||||
| = candidate completed the Ballotpedia Candidate Connection survey. | ||||
| If you are a candidate and would like to tell readers and voters more about why they should vote for you, complete the Ballotpedia Candidate Connection Survey. | ||||
Do you want a spreadsheet of this type of data? Contact our sales team. | ||||
2016
- See also: Arkansas judicial elections, 2016
Candidates
District 2
|
District 5
|
District 6■ Rita Gruber (Incumbent/Unopposed) |
District 7■ Waymond Brown (Incumbent/Unopposed) |
Election results
November 8 runoff election
Mark Klappenbach defeated James McMenis in the runoff for the Arkansas Court of Appeals, District 5.
| Arkansas Court of Appeals, District 5, 2016 | ||
|---|---|---|
| Candidate | Vote % | Votes |
 Mark Klappenbach |
56.59% | 37,634 |
| James McMenis | 43.41% | 28,872 |
| Total Votes (100% reporting) | 66,506 | |
| Source: Arkansas Secretary of State Official Results | ||
March 1 general election
| Arkansas Court of Appeals, District 2, 2016 | ||
|---|---|---|
| Candidate | Vote % | Votes |
| Mike Murphy |
55.97% | 56,229 |
| Cody Hiland | 44.03% | 44,230 |
| Total Votes (100% Reporting) | 100,459 | |
| Source: Arkansas Secretary of State Official Results | ||
| Arkansas Court of Appeals, District 5, 2016 | ||
|---|---|---|
| Candidate | Vote % | Votes |
| James McMenis |
42.12% | 16,577 |
| Mark Klappenbach |
38.92% | 15,317 |
| Job Serebrov | 18.95% | 7,459 |
| Total Votes (100% Reporting) | 39,353 | |
| Source: Arkansas Secretary of State Official Results | ||
| Arkansas Court of Appeals, District 6, 2016 | ||
|---|---|---|
| Candidate | ||
| Rita Gruber Incumbent | ||
| Source: Unopposed race; no vote totals reported. | ||
| Arkansas Court of Appeals, District 7, 2016 | ||
|---|---|---|
| Candidate | ||
| Waymond Brown Incumbent | ||
| Source: Unopposed race; no vote totals reported. | ||
- Election history, 2012-2014 (click to expand)
2014
Unopposed Raymond Abramson (District 1, Position 1) Unopposed Judge Phillip Whiteaker (District 1, Position 2) Unopposed Bart Virden (District 2, Position 1) Unopposed Judge Kenneth Hixson (District 3, Position 2) Unopposed Judge Larry Vaught (District 6, Position 2) - See also: Arkansas judicial elections, 2014
2012
Candidate Incumbency Position Primary Vote Election Vote Brandon Harrison 
No District 4, Position 1 52.6% David Glover Yes District 4, Position 2 100% J.W. Looney No District 4, Position 1 47.4% Jeannette Robertson No District 1, Position 2 32.4% 46.2% 
Kenneth Hixson No District 3, Position 2 51.5% Mitch Cash No District 2, Position 2 37.2% Niki Cung No District 3, Position 2 48.5% Phillip Whiteaker No District 1, Position 2 38.1% 53.8% Richard Lusby No District 1, Position 2 29.5% Robin Wynne - See also: Arkansas judicial elections, 2012
Noteworthy cases
The following are noteworthy cases heard before the Arkansas Court of Appeals. For a full list of opinions published by the court, click here.
| • Court of Appeals overturns rape conviction | Click for summary→ |
|---|---|
|
On April 30, 2014, the Arkansas Court of Appeals overturned the rape conviction against Russell Wayne Hudson and dismissed the charges against him. Hudson had been charged with the rape of a minor in September 2010 and had been tried and sentenced to 20 years in the Arkansas Department of Correction in December 2012 by the Faulkner County Circuit Court.[9] In overturning the Faulkner County Circuit Court's decision, the Arkansas Court of Appeals found that the circuit court Judge Charles E. Clawson, Jr. had erred when he granted the state a continuance to postpone the trial. Counsel for Hudson argued that the postponement of the trial violated his right to a speedy trial.[9] The Arkansas Court of Appeals found that the continuance was erroneously granted and that the delay in the trial was prejudicial to Hudson "[b]ecause the continuance was erroneously granted, the State had time to secure the only witness who could provide evidence sufficient to convict appellant, and, that had the continuance not been granted, the charge likely would have otherwise been dropped."[10] | |
Ethics
Judges in Arkansas are governed by the Arkansas Code of Judicial Conduct, which exists "to provide guidance and assist judges in maintaining the highest standards of judicial and personal conduct, and to provide a basis for regulating their conduct through disciplinary agencies."[11]
The full text of the Arkansas Code of Judicial Conduct can be found here.
Removal of judges
In Arkansas, a judge can be removed from the bench in three ways:
- The Arkansas Judicial Discipline and Disability Commission, consisting of nine members (three judges appointed by the Arkansas Supreme Court, three lawyers licensed in Arkansas, and three members of the public appointed by the governor) may investigate a report of misconduct, issue its findings and conduct a hearing. A majority vote of the commission may then recommend the removal or suspension of a judge to the Arkansas Supreme Court, which then determines the outcome.
- A judge may be removed after the impeachment by the Arkansas House of Representatives and a subsequent conviction by a two-thirds vote of the Arkansas Senate.
- The governor can remove a judge after a finding of good cause and with the concurrent resolution of two thirds of the members of both the Arkansas House of Representatives and the Arkansas Senate.[11][12][13]
Court rules of procedure
The following is a list of the rules of practice and procedure used by Arkansas courts:
- Arkansas Rules of Evidence
- Rules of Appellate Procedure: Civil
- Rules of Appellate Procedure: Criminal
- Rules of Civil Procedure [14]
History
The court was established in 1978 to help ease the overburdened docket of the Arkansas Supreme Court. It originally had six judges, but that number increased to 12 with the passage of legislation in 1993.[2]
The first six judges of the court were appointed by former Governor Bill Clinton. The first judges were: Ernie E. Wright, M. Steele Hays, George Howard, Jr., David Newbern, Marian F. Penix and James H. Pilkinton. Wright was the first to serve as chief judge.[2]
The first opinions available for publication were issued by the court on August 8, 1979. The court regularly hands down a large number of opinions but publishes only the ones that "resolve novel or unusual questions."[2] The court's website contains their decisions from 1994 to the present and can be found here.
State profile
| Demographic data for Arkansas | ||
|---|---|---|
| Arkansas | U.S. | |
| Total population: | 2,977,853 | 316,515,021 |
| Land area (sq mi): | 52,035 | 3,531,905 |
| Race and ethnicity** | ||
| White: | 78% | 73.6% |
| Black/African American: | 15.5% | 12.6% |
| Asian: | 1.4% | 5.1% |
| Native American: | 0.6% | 0.8% |
| Pacific Islander: | 0.2% | 0.2% |
| Two or more: | 2.1% | 3% |
| Hispanic/Latino: | 6.9% | 17.1% |
| Education | ||
| High school graduation rate: | 84.8% | 86.7% |
| College graduation rate: | 21.1% | 29.8% |
| Income | ||
| Median household income: | $41,371 | $53,889 |
| Persons below poverty level: | 22.9% | 11.3% |
| Source: U.S. Census Bureau, "American Community Survey" (5-year estimates 2010-2015) Click here for more information on the 2020 census and here for more on its impact on the redistricting process in Arkansas. **Note: Percentages for race and ethnicity may add up to more than 100 percent because respondents may report more than one race and the Hispanic/Latino ethnicity may be selected in conjunction with any race. Read more about race and ethnicity in the census here. | ||
Presidential voting pattern
- See also: Presidential voting trends in Arkansas
Arkansas voted Republican in all seven presidential elections between 2000 and 2024.
Pivot Counties (2016)
Ballotpedia identified 206 counties that voted for Donald Trump (R) in 2016 after voting for Barack Obama (D) in 2008 and 2012. Collectively, Trump won these Pivot Counties by more than 580,000 votes. Of these 206 counties, one is located in Arkansas, accounting for 0.5 percent of the total pivot counties.[15]
Pivot Counties (2020)
In 2020, Ballotpedia re-examined the 206 Pivot Counties to view their voting patterns following that year's presidential election. Ballotpedia defined those won by Trump won as Retained Pivot Counties and those won by Joe Biden (D) as Boomerang Pivot Counties. Nationwide, there were 181 Retained Pivot Counties and 25 Boomerang Pivot Counties. Arkansas had one Retained Pivot County, 0.55 percent of all Retained Pivot Counties.
More Arkansas coverage on Ballotpedia
- Elections in Arkansas
- United States congressional delegations from Arkansas
- Public policy in Arkansas
- Endorsers in Arkansas
- Arkansas fact checks
- More...
See also
External links
- The Arkansas Judiciary, "Arkansas Court of Appeals"
- The Arkansas Judiciary, "Court of Appeals districts map"
- The Arkansas Judiciary, "Arkansas Court Structure"
Footnotes
- ↑ The salary of the chief judge may be higher than an associate judge.
- ↑ 2.0 2.1 2.2 2.3 2.4 2.5 2.6 The Arkansas Judiciary, "Court of Appeals," accessed May 8, 2015
- ↑ The Arkansas Judiciary, "Rule 1-2. Appellate jurisdiction of the supreme court and court of appeals," accessed May 8, 2015
- ↑ Arkansas Judiciary, "Court Structure, " accessed March 27, 2023
- ↑ Justia, "Arkansas Constitution - Amendment 80 - Qualifications of justices and judges.," accessed March 27, 2023
- ↑ Arkansas Judiciary, "Court of Appeals," accessed April 15, 2025
- ↑ Justia, "2020 Arkansas Code Title 16 - Practice, Procedure, And Courts Subtitle 2 - Courts and Court Officers Chapter 12 - Court Of Appeals Subchapter 1 - General Provisions § 16-12-105. Chief Judge," accessed March 27, 2023
- ↑ Brennan Center for Justice, "Judicial Selection: An Interactive Map," accessed March 23, 2023
- ↑ 9.0 9.1 Arkansas News.com, "Court of appeals tosses Faulkner County rape conviction," April 30, 2014
- ↑ Arkansas Court of Appeals, "Russel Wayne Hudson v. State of Arkansas, No. CR-13-568," April 30, 2014
- ↑ 11.0 11.1 The Arkansas Judiciary, "Arkansas code of judicial conduct," accessed May 8, 2015
- ↑ Arkansas.gov, "The Judicial Discipline and Disability Commission: Membership," accessed May 8, 2015
- ↑ American Judicature Society, "Methods of judicial selection: Removal of judges," accessed May 8, 2015
- ↑ The Arkansas Judiciary, "Court rules," accessed May 8, 2015
- ↑ The raw data for this study was provided by Dave Leip of Atlas of U.S. Presidential Elections.
Federal courts:
Eighth Circuit Court of Appeals • U.S. District Court: Eastern District of Arkansas, Western District of Arkansas • U.S. Bankruptcy Court: Eastern District of Arkansas, Western District of Arkansas
State courts:
Arkansas Supreme Court • Arkansas Court of Appeals • Arkansas Circuit Courts • Arkansas District Courts • Arkansas City Courts
State resources:
Courts in Arkansas • Arkansas judicial elections • Judicial selection in Arkansas
| |||||||
