Summary
The Supreme Court of Arkansas issued this per curiam opinion adopting Administrative Order No. 24 to establish clear procedures for the hiring and termination of court personnel. The order was prompted by the Chief Justice's attempted unilateral dismissal of ten administrative office employees, which the full court found lacked proper authority and threatened judicial administration. The adopted rules designate the Director of the Administrative Office of the Courts as having sole hiring and firing authority for staff, while requiring the express written consent of at least four justices to terminate the Director, Clerk, or Reporter. All terminations occurring after January 1, 2025, that violate these new procedures are immediately rescinded.
Topics
Practice areas
Questions Presented
- Whether the Chief Justice may unilaterally terminate employees of the Administrative Office of the Courts without approval of the Supreme Court.
- What procedural requirements govern termination of court personnel under Arkansas law.
Holdings
- The Director of the Administrative Office of the Courts holds sole authority to hire and terminate its staff, and any termination requires the express written approval of at least four members of the Supreme Court; terminations made without such approval are rescinded.
Key quotations
“Absent express statutory authority to the contrary, the Director of the Administrative Office of the Courts holds sole responsibility to hire and terminate the staff of the Administrative Office of the Courts.” (at 1)
“No employee of the Supreme Court of Arkansas or the Administrative Office of the Courts shall process any termination letter ... without the express written approval of at least four members of the Supreme Court of Arkansas.” (at 1)
Factual background
Chief Justice of the Supreme Court of Arkansas attempted to terminate ten employees of the Administrative Office of the Courts, including the Director, without the required approval of the full court. The attempted terminations were viewed as retaliatory and potentially disruptive to the administration of justice.