In re Amendment to Administrative Order No. 16

Summary

The Supreme Court of Arkansas formally adopts an amendment to Administrative Order No. 16 concerning the temporary assignment of circuit, district, retired, and appellate judges and justices. The order establishes procedures for recusals, temporary judicial unavailability, exchanges of jurisdiction, special-judge assignments, assigned judges’ authority to sign documents, and termination or reassignment of assignments.

Holdings

1. The Supreme Court of Arkansas adopted and published Administrative Order No. 16 fully, effective immediately, after the comment period expired.
2. When a judge recuses from a case, the judge must file an Order of Recusal, and the appropriate clerk must enter the case as a recusal in the case-management system for random reassignment; if all judges are recused, the clerk must request assignment of a special judge from the Chief Justice.
3. When an assigned judge is temporarily unavailable, the judge may request another judge from the respective circuit or district to preside temporarily, with prompt notice to the parties; a continuance requested to allow the assigned judge to preside must be granted unless the hearing is time-sensitive under state or federal law.
4. Temporary exchange of jurisdiction by joint order is permitted when a judge is temporarily unable to serve, but the reassignment process in section III must be used when a judge recuses from a case.

Questions Presented

1. Whether the Supreme Court of Arkansas should adopt fully the previously issued interim amendment to Administrative Order No. 16 after expiration of the comment period.
2. What procedures should govern the assignment and reassignment of circuit and district judges, including assignments resulting from recusals, temporary inability to serve, and other needs determined by the Chief Justice.

Disposition

other