Arkansas Supreme Court
| Arkansas Supreme Court |
|---|
|
| Court Information |
| Justices: 7 |
| Founded: 1836 |
| Location: Little Rock |
| Salary |
| Chief: $196,398 Associates: $181,860 |
| Judicial Selection |
| Method: Nonpartisan elections |
| Term: 8 years |
| Active justices |
|
Barbara Womack Webb |
Founded in 1836, the Arkansas Supreme Court is the state's court of last resort and has seven judgeships. The current chief of the court is Dan Kemp.
As of August 2021, all seven judges on the court were elected in nonpartisan elections.
The Arkansas Supreme Court meets in Little Rock, Arkansas. The court typically sits for a term beginning the first week of September and ending the first week of July.[1]
In Arkansas, state supreme court justices are elected in nonpartisan elections. As of February 20, 2022, there are 13 states that use this selection method. To read more about the nonpartisan election of judges, click here.
Jurisdiction
Article 7, Section 4 of the Arkansas Constitution describes the jurisdiction of the Supreme Court. This section was later amended by Amendment 80, Section 2.
The court has appellate jurisdiction. It may transfer a case from lower courts in certain circumstances or bring special proceedings to the higher court as outlined in Article VI. The court also has a supervisory role over all other courts in the state, over the conduct of attorneys, and over the practice of law within the state.[2]
The following text from Amendment 80, Section 2 of the Arkansas Constitution covers the organization and jurisdiction of the court:[3]
| “ |
(A) The Supreme Court shall be composed of seven Justices, one of whom shall serve as Chief Justice. The Justices of the Supreme Court shall be selected from the State at large. (B) The Chief Justice shall be selected for that position in the same manner as the other Justices are selected. During any temporary period of absence or incapacity of the Chief Justice, an acting Chief Justice shall be selected by the Court from among the remaining justices. (C) The concurrence of at least four justices shall be required for a decision in all cases. (D) The Supreme Court shall have: (1) Statewide appellate jurisdiction; (2) Original jurisdiction to issue writs of quo warranto to all persons holding judicial office, and to officers of political corporations when the question involved is the legal existence of such corporations; (3) Original jurisdiction to answer questions of state law certified by a court of the United States, which may be exercised pursuant to Supreme Court rule; (4) Original jurisdiction to determine sufficiency of state initiative and referendum petitions and proposed constitutional amendments; and (5) Only such other original jurisdiction as provided by this Constitution. (E) The Supreme Court shall have power to issue and determine any and all writs necessary in aid of its jurisdiction and to delegate to its several justices the power to issue such writs. (F) The Supreme Court shall appoint its clerk and reporter. (G) The sessions of the Supreme Court shall be held at such times and places as may be adopted by Supreme Court rule. [4] |
” |
Justices
The table below lists the current judges of the Arkansas Supreme Court and how they were selected.
| Judge | Appointed By |
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Elected |
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Elected |
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Elected |
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Elected |
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Elected |
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Elected |
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Elected |
Judicial selection
- See also: Judicial selection in Arkansas
The seven justices on the Arkansas Supreme Court are selected through nonpartisan elections. They compete in nonpartisan primaries—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 general election.[5]
The winners are elected to eight-year terms. Sitting justices are required to run for re-election at the expiration of their terms.[5]
Qualifications
To serve on this court, a justice must be:
- at least 30 years old;
- of "good moral character;"
- learned in the law;
- a U.S. citizen and state resident for at least two years; and
- a legal practitioner for at least eight years.[5]
Arkansas does not use judicial nominating commissions to screen or select potential candidates.[6]
Chief justice
The court's chief justice is selected by voters at large and serves in that capacity for a full eight-year term.[5]
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.[5]
The map below highlights how vacancies are filled in state supreme courts across the country.
Elections
In Arkansas, judges are elected for eight-year terms in nonpartisan elections. Vacancies are filled by interim appointments by the governor, and appointed judges may not run to succeed themselves in the next election.
2022
- Main article: Arkansas Supreme Court elections, 2022
The terms of three Arkansas Supreme Court justices will expire on December 31, 2022. The three seats are up for nonpartisan election on May 24, 2022.
Judges with expiring terms
- This is a list of the justices who must stand for nonpartisan election in 2022 in order to remain on the bench. Justices may choose not to stand for election. The list is subject to change if justices retire or are appointed.
■ Karen R. Baker
■ Rhonda Wood
■ Robin Wynne
2020
- Main article: Arkansas Supreme Court elections, 2020
The term of one Arkansas Supreme Court justice expired on December 31, 2020. The one seat was up for nonpartisan election on March 3, 2020. A runoff election was scheduled for November 3, 2020.
General election for Arkansas Supreme Court Position 4
Barbara Womack Webb defeated Morgan Welch in the general election for Arkansas Supreme Court Position 4 on March 3, 2020.
Candidate |
% |
Votes |
||
| ✔ |
|
Barbara Womack Webb (Nonpartisan) |
53.6
|
245,736 |
|
|
Morgan Welch (Nonpartisan) |
46.4
|
212,443 | |
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Total votes: 458,179 | |||
Do you want a spreadsheet of this type of data? Contact our sales team. |
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2018
- Main article: Arkansas Supreme Court elections, 2018
The term of one Arkansas Supreme Court justice, Courtney Hudson Goodson, expired on December 31, 2018. Goodson was re-elected in a nonpartisan election. The general election took place on May 22, 2018, and the runoff election took place on November 6, 2018.
General runoff election for Arkansas Supreme Court Position 3
Candidate |
% |
Votes |
||
| ✔ |
|
Courtney Hudson Goodson (Nonpartisan) |
55.7
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463,631 |
|
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David Sterling (Nonpartisan) |
44.3
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369,283 | |
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Total votes: 832,914 (100.00% precincts reporting) |
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Do you want a spreadsheet of this type of data? Contact our sales team. |
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General election for Arkansas Supreme Court Position 3
Candidate |
% |
Votes |
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| ✔ |
|
Courtney Hudson Goodson (Nonpartisan) |
37.1
|
113,825 |
| ✔ |
|
David Sterling (Nonpartisan) |
34.2
|
104,817 |
|
|
Kenneth Hixson (Nonpartisan) |
28.7
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87,948 | |
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Total votes: 306,590 | |||
Do you want a spreadsheet of this type of data? Contact our sales team. |
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2016
- Main article: Arkansas Supreme Court elections, 2016
Two seats on the Arkansas Supreme Court were on the general election ballot for March 1, 2016.
The elections filled the seats set to be vacated by Paul Danielson's retirement at the end of his term and Howard Brill's ineligibility to run for re-election.[7]
Candidates
Chief Justice Position 1
- Incumbent Howard Brill did not run for re-election and retired in December 2016.
■ Circuit Judge John Dan Kemp 
■ Supreme Court Associate Justice Courtney Goodson[7]
Associate Justice Position 5
- Incumbent Paul Danielson did not run for re-election and retired in December 2016.
■ Attorney Clark W. Mason
■ Circuit Judge Shawn A. Womack[7]
Election results
March 1 primary
| Arkansas Supreme Court, Chief Justice, 2016 | ||
|---|---|---|
| Candidate | Vote % | Votes |
| Dan Kemp |
57.56% | 344,523 |
| Courtney Hudson Goodson | 42.43% | 253,941 |
| Total Votes (100% Reporting) | 598,464 | |
| Source: Arkansas Secretary of State Official ResultsSebastian County Arkansas | ||
| Arkansas Supreme Court Associate Justice Position 5, 2016 | ||
|---|---|---|
| Candidate | Vote % | Votes |
| Shawn Womack |
67.50% | 378,444 |
| Clark Mason | 32.50% | 182,182 |
| Total Votes (100% Reporting) | 560,626 | |
| Source: Arkansas Secretary of State Official Results | ||
- Election history, 2004-2014 (click to expand)
2014
Position 2Candidate Incumbency Primary Vote Election Vote Robin Wynne 
No 52.0% Tim Cullen (Arkansas) No 48.0% 
Unopposed Judge Karen R. Baker (Position 6) Unopposed Rhonda Wood (Position 7) - Click here for 2014 General Election Results from the Arkansas Secretary of State.
2012
Candidate Incumbency Position Primary Vote Election Vote Josephine Hart 
No 65.4% Raymond Abramson No District 1, Position 1 34.6% - Click here for 2012 general election results from the Arkansas Secretary of State.
2010
Arkansas Supreme Court, Associate Justice, Position 6
2010 General election resultsCandidates Votes Percent Karen Baker
206,365 48.4% Tim Fox 156,953 36.8% Evelyn Moorehead 63,450 14.9% Arkansas Supreme Court, Associate Justice, Position 3
2010 General election resultsCandidates Votes Percent Courtney Henry
249,425 57.5% John Fogleman 184,280 42.5% - Click here for 2010 General Election Results from the Arkansas Secretary of State.
2008
Arkansas Supreme Court, Chief Justice, Position 1
2008 General election resultsCandidates Votes Percent Jim Hannah
Approved Unopposed - Click here for 2008 General Election Results from the Arkansas Secretary of State.
2006
Arkansas Supreme Court, Associate Justice, Position 7
2006 General election resultsCandidates Votes Percent Robert L. Brown
Approved Unopposed Arkansas Supreme Court, Associate Justice, Position 2
2006 General election resultsCandidates Votes Percent Donald Corbin
193,625 62.8% Roger Harrod 114,957 37.3% Arkansas Supreme Court, Associate Justice, Position 5
2006 General election resultsCandidates Votes Percent Paul Danielson
177,406 57.2% Wendell Griffen 132,789 42.8% - Click here for 2006 General Election Results from the Arkansas Secretary of State.
2004
Arkansas Supreme Court, Chief Justice, Position 4
2004 General election resultsCandidates Votes Percent Jim Gunter
110,250 37.8% Collins Kilgore 91,897 31.5% Paul Danielson 89,741 30.8% Arkansas Supreme Court, Chief Justice, Position 1
2004 General election resultsCandidates Votes Percent Jim Hannah
191,695 62.5% Wendell Griffen 114,835 37.5% - Click here for 2004 General Election Results from the Arkansas Secretary of State.
Caseloads
The table below details the number of cases filed with the court and the number of dispositions (decisions) the court reached in each year.[8]
| Arkansas Supreme Court caseload data | ||
|---|---|---|
| Year | Filings | Dispositions |
| 2020 | 310 | 355 |
| 2019 | 442 | 397 |
| 2018 | 410 | N/A |
| 2017 | N/A | N/A |
| 2016 | 397 | 397 |
| 2015 | N/A | N/A |
| 2014 | 180 | 150 |
| 2013 | N/A | N/A |
| 2012 | 269 | 157 |
| 2011 | 275 | 224 |
| 2010 | 240 | 159 |
| 2009 | 320 | 366 |
| 2008 | 393 | 379 |
| 2007 | 396 | 407 |
Analysis
Ballotpedia Courts: Determiners and Dissenters (2021)
In 2020, Ballotpedia published Ballotpedia Courts: Determiners and Dissenters, a study on how state supreme court justices decided the cases that came before them. Our goal was to determine which justices ruled together most often, which frequently dissented, and which courts featured the most unanimous or contentious decisions.
The study tracked the position taken by each state supreme court justice in every case they decided in 2020, then tallied the number of times the justices on the court ruled together. We identified the following types of justices:
- We considered two justices opinion partners if they frequently concurred or dissented together throughout the year.
- We considered justices a dissenting minority if they frequently opposed decisions together as a -1 minority.
- We considered a group of justices a determining majority if they frequently determined cases by a +1 majority throughout the year.
- We considered a justice a lone dissenter if he or she frequently dissented alone in cases throughout the year.
Summary of cases decided in 2020
- Number of justices: 7
- Number of cases: 257
- Percentage of cases with a unanimous ruling: 55.6% (143)
- Justice most often writing the majority opinion: Justice Dan Kemp (35)
- Per curiam decisions: 54
- Concurring opinions: 30
- Justice with most concurring opinions: Justice Josephine Hart (18)
- Dissenting opinions: 97
- Justice with most dissenting opinions: Justice Josephine Hart (76)
For the study's full set of findings in Arkansas, click here.
Ballotpedia Courts: State Partisanship (2020)
- See also: Ballotpedia Courts: State Partisanship
Last updated: June 15, 2020
In 2020, Ballotpedia published Ballotpedia Courts: State Partisanship, a study examining the partisan affiliation of all state supreme court justices in the country as of June 15, 2020.
The study presented Confidence Scores that represented our confidence in each justice's degree of partisan affiliation, based on a variety of factors. This was not a measure of where a justice fell on the political or ideological spectrum, but rather a measure of how much confidence we had that a justice was or had been affiliated with a political party. To arrive at confidence scores we analyzed each justice's past partisan activity by collecting data on campaign finance, past political positions, party registration history, as well as other factors. The five categories of Confidence Scores were:
- Strong Democrat
- Mild Democrat
- Indeterminate[9]
- Mild Republican
- Strong Republican
We used the Confidence Scores of each justice to develop a Court Balance Score, which attempted to show the balance among justices with Democratic, Republican, and Indeterminate Confidence Scores on a court. Courts with higher positive Court Balance Scores included justices with higher Republican Confidence Scores, while courts with lower negative Court Balance Scores included justices with higher Democratic Confidence Scores. Courts closest to zero either had justices with conflicting partisanship or justices with Indeterminate Confidence Scores.[10]
Arkansas had a Court Balance Score of 3.57, indicating Republican control of the court. In total, the study found that there were 15 states with Democrat-controlled courts, 27 states with Republican-controlled courts, and eight states with Split courts. The map below shows the court balance score of each state.
Bonica and Woodruff campaign finance scores (2012)
In October 2012, political science professors Adam Bonica and Michael Woodruff of Stanford University attempted to determine the partisan outlook of state supreme court justices in their paper, "State Supreme Court Ideology and 'New Style' Judicial Campaigns." A score above 0 indicated a more conservative-leaning ideology while scores below 0 were more liberal. The state Supreme Court of Arkansas was given a campaign finance score (CFscore), which was calculated for judges in October 2012. At that time, Arkansas received a score of -0.48. Based on the justices selected, Arkansas was the 9th most liberal court. The study was based on data from campaign contributions by judges themselves, the partisan leaning of contributors to the judges, or—in the absence of elections—the ideology of the appointing body (governor or legislature). This study was not a definitive label of a justice but rather an academic gauge of various factors.[11]
Noteworthy cases
The following are noteworthy cases heard before the Arkansas Supreme Court. For a full list of opinions published by the court, click here. Know of a case we should cover here? Let us know by emailing us.
- Jegley v. Picado (2002): In this case, the court found Arkansas’s sodomy statute unconstitutional. This ruling removed the last laws that criminalized same-sex sexual activity.[12]
- Garrett v. Faubus (1959): In this case, the court upheld Act 4 of the Second Extraordinary Session of the 1958 General Assembly, which gave the governor authority to close any school if he felt there was the threat of violence or the school could not be maintained due to integration.[13]
- State v. Epperson (1967): In this case, the court upheld Act 1 of 1928, which prohibited the teaching of evolution in state schools. The U.S. Supreme Court overturned the decision the following year.[14]
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."[15]
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.[15][16][17]
History of the court
Arkansas became the 25th state in 1836, and Article VI, Section 1, of the state's original constitution vested the judicial power of the Arkansas “in one Supreme Court, in Circuit Courts, in County Courts and in Justices of the Peace.” The Arkansas Supreme Court originally had three justices, including one chief justice. During this period, the Arkansas General Assembly elected the Supreme Court justices.[14]
In 1861, Arkansas seceded from the Union, but the supreme court initially remained unchanged. In September 1863, Union soldiers were moving toward Little Rock; because of the threat to the court and its records, the supreme court and other state offices were moved to Washington, Arkansas. After the end of the Civil War in 1865, a newly-assembled supreme court returned to Little Rock.[14]
In 1868, the Reconstruction constitution added two justices to the court, bringing the number of justices to five. Six years later, in 1874, Arkansas ratified its second and current constitution. Originally, this constitution called for only three supreme court justices, but a 1924 amendment restored the number of justices to five. The 1924 amendment, also known as Amendment 9, gave the Arkansas General Assembly the power to increase the number of justices to seven. In 1925, the assembly exercised this power, raising the number of supreme court justices to seven through Act 205.[14]
Noteworthy firsts
- Elsijane Trimble Roy, appointed in 1975, was the first woman to serve as an Arkansas Supreme Court justice. She was later appointed to the federal bench.
- George Howard Jr., appointed in 1977, was the first Black justice. He later served on the federal bench.
- George Rose Smith was the longest-serving justice: he served from 1949 to 1987.[14]
Courts in Arkansas
- See also: Courts in Arkansas
In addition to the federal courts in Arkansas, there are two types of appellate courts, one general jurisdiction trial court, and two limited jurisdiction trial courts. Their infrastructure and relationship are illustrated in the flow chart below.
Party control of Arkansas state government
A state government trifecta is a term that describes single-party government, when one political party holds the governor's office and has majorities in both chambers of the legislature in a state government. A state supreme court plays a role in the checks and balances system of a state government.
Arkansas has a Republican trifecta. The Republican Party controls the office of governor and both chambers of the state legislature.
.
Arkansas Party Control: 1992-2022
Eleven years of Democratic trifectas • Eight years of Republican trifectas
Scroll left and right on the table below to view more years.
| Year | 92 | 93 | 94 | 95 | 96 | 97 | 98 | 99 | 00 | 01 | 02 | 03 | 04 | 05 | 06 | 07 | 08 | 09 | 10 | 11 | 12 | 13 | 14 | 15 | 16 | 17 | 18 | 19 | 20 | 21 | 22 |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Governor | D | D | D | D | D | R | R | R | R | R | R | R | R | R | R | D | D | D | D | D | D | D | D | R | R | R | R | R | R | R | R |
| Senate | D | D | D | D | D | D | D | D | D | D | D | D | D | D | D | D | D | D | D | D | D | R | R | R | R | R | R | R | R | R | R |
| House | D | D | D | D | D | D | D | D | D | D | D | D | D | D | D | D | D | D | D | D | D | R | R | R | R | R | R | R | R | R | R |
See also
External links
Footnotes
- ↑ Arkansas Judiciary, "Arkansas Supreme Court," accessed August 17, 2021
- ↑ Arkansas Judiciary, "Arkansas Courts Historical Society," accessed June 6, 2021
- ↑ FindLaw, "Arkansas Constitution of 1874 Amendment 80, § 2. Supreme Court," accessed September 12, 2019
- ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ 5.0 5.1 5.2 5.3 5.4 American Judicature Society, "Methods of Judicial Selection: Arkansas," archived October 2, 2014
- ↑ American Judicature Society, "Methods of Judicial Selection: Arkansas; Judicial Nominating Commissions," archived October 2, 2014
- ↑ 7.0 7.1 7.2 Arkansas Secretary of State, "Candidate Information: 2016 Preferential Primary and Nonpartisan General Election," accessed December 29, 2015
- ↑ Arkansas Judiciary, "Annual Reports," accessed August 17, 2021
- ↑ An Indeterminate score indicates that there is either not enough information about the justice’s partisan affiliations or that our research found conflicting partisan affiliations.
- ↑ The Court Balance Score is calculated by finding the average partisan Confidence Score of all justices on a state supreme court. For example, if a state has justices on the state supreme court with Confidence Scores of 4, -2, 2, 14, -2, 3, and 4, the Court Balance is the average of those scores: 3.3. Therefore, the Confidence Score on the court is Mild Republican. The use of positive and negative numbers in presenting both Confidence Scores and Court Balance Scores should not be understood to that either a Republican or Democratic score is positive or negative. The numerical values represent their distance from zero, not whether one score is better or worse than another.
- ↑ Stanford University, "State Supreme Court Ideology and 'New Style' Judicial Campaigns," October 31, 2012
- ↑ American Psychological Association, "Jegley v. Picado," accessed August 17, 2021
- ↑ Marquette Law Review, "Constitutional Law: Segregation in the Schools – Statute Enabling Governor of Arkansas to Close Integrated Schools," accessed August 17, 2021
- ↑ 14.0 14.1 14.2 14.3 14.4 The Encyclopedia of Arkansas History & Culture, "Supreme Court of Arkansas," accessed August 17, 2021 Cite error: Invalid
<ref>tag; name "encyclopedia" defined multiple times with different content - ↑ 15.0 15.1 The Arkansas Judiciary, "Arkansas Code of Judicial Conduct," accessed May 15, 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
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
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