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IN RE: IMPLEMENTATION of AMENDMENT 80: AMENDMENTS to ADMINISTRATIVE ORDERS

___ S.W.3d ___

Supreme Court of Arkansas

Delivered May 24, 2001

Per Curiam. Following the passage of Amendment 80, we have reviewed our Administrative Orders to determine what amendments are required. We hereby amend and republish Administrative Orders 1, 2, 3, 4, 6, 8, and 10 as set out below. The changes in Administrative Orders 1, 3, 4, 6, and 10 shall be effective July 1, 2001.

The amendments to Administrative Order Number 2 shall be effective January 1, 2002, except for the amendment to section (f), which shall be effective July 1, 2001.

The amendments to Administrative Order Number 8 shall be effective July 1, 2001,

except for new section (II) (c) [Multiple claims], which shall be effective January 1, 2002. Revised reporting forms or cover sheets will go into effect January 1, 20021, but these forms will be available for review well before their effective date. The forms currently in use will continue to be used during the period July 1 through December 31, 2001.

At the conclusion of this order, there appears a line-in/line-out version of the Administrative Orders illustrating the changes for the convenience of the reader.

ADMINISTRATIVE ORDERS OF THE SUPREME COURT

ADMINISTRATIVE ORDER NUMBER 1 -- SPECIAL JUDGES

Section 1.

When the judge of a circuit court shall fail to attend on any day scheduled for the holding of that court, or if such a judge is disqualified from presiding in any pending case, upon notice from the clerk of the court, the regular practicing attorneys attending the court may elect a special judge. The attorneys present in the courtroom shall elect one of their number as special judge. The election shall be conducted by the clerk of the court, who will accept nominations from the attorneys present. Only attorneys who are qualified to serve as special judge may vote in the election of a special judge. The election shall be by secret ballot. The attorney receiving a majority of the votes shall be declared elected as special judge. He shall immediately be sworn in by the clerk and shall immediately enter upon the duties of the office. Heshall adjudicate those causes pending at the time of his election.

Section 2.

When a special judge is to be elected, notice shall be given by the clerk of the court to the regular practicing attorneys in the county served by the court in the most practical manner in the circumstances, including giving notice by telephone or by posting the notice in a public and conspicuous place in the courtroom.

Section 3.

No person who is not an attorney regularly engaged in the practice of law in the State of Arkansas and duly licensed and in good standing to do so, and who is not a resident possessed of the qualifications required of an elector of this state, whether registered to vote or not, shall be elected special judge.

Section 4.

For purposes of this rule, each division of circuit court in a county shall be considered to be a separate court.

Section 5.

The clerk of the court in the county in which the special judge election is held shall make a record of the proceedings, which shall be a part of the record of the court and shall be in substantially the following form:

IN THE CIRCUIT COURT OF __________________ COUNTY, ARKANSAS

IN THE MATTER OF ______________________________________ SPECIAL JUDGE

Now on this ______ day of ____________________, ____, the Honorable _________________________________, notified the clerk that he/she was unable to attend and preside over this court on this day. WHEREUPON, the Clerk gave notice pursuant to Administrative Order No. 1 that an election was to be held for a Special Judge to preside during the absence of said Judge.

AND THEREAFTER, the Honorable ________________________, an attorney at law, a resident of the State of Arkansas and possessing the required qualifications, having received a majority of thevotes cast at such special election, at which only the practicing attorneys in attendance in the Court were allowed to vote, was found and declared to be duly elected Special Judge to preside during the absence of the Honorable ___________________.

WHEREUPON, the Clerk did administer the oath of office required by law as such Special Judge and he/she assumed the bench and entered upon the discharge of his/her duties herein.

________________________

Clerk

OATH OF OFFICE

STATE OF ARKANSAS

COUNTY OF _____________

I, _______________________________________, do solemnly swear that I will support the Constitution of the United States and the Constitution of the State of Arkansas, and that I will faithfully discharge the duties of the office of Special Judge of Circuit Court,

____________ Division, ___________________ County, upon which I am about to enter.

________________________

Special Judge

Witnesses ____________________________ ____________________________ ____________________________

Subscribed and sworn to before me this ____ day of _____________, _____.

________________________

Circuit Clerk

By: _______________________

Deputy Clerk

ADMINISTRATIVE ORDER NUMBER 2 - DOCKETS AND OTHER RECORDS

[Changes to Administrative Order Number 2 shall be effectiveJanuary 1, 2002, except for section (f), which shall be effective July 1, 2001]

(a) Docket. The clerk shall keep a book known as a "civil docket," designated by the prefix "CV"; a book known as a "probate docket," designated by the prefix "PR"; a book known as a "domestic relations" docket," designated by the prefix "DR"; a book known as a "criminal docket," designated by the prefix "CR"; and a book known as a "juvenile docket," designated by the prefix "JV". Each action shall be entered in the appropriate docket book. Cases shall be assigned the letter prefix corresponding to that docket and a number in the order of filing. Beginning with the first case filed each year, cases shall be numbered consecutively in each docket category with the four digits of the current year, followed by a hyphen and the number assigned to the case, beginning with the number "1". For example:

criminal CR2002-1

civil CV2002-1

probate PR2002-1

domestic relations DR2002-1

juvenile JV2002-1

All papers filed with the clerk, all process issued and returns thereon, all appearances, orders, verdicts and judgments shall be noted chronologically in the dockets and filed in the folio assigned to the action and shall be marked with its file number. These entries shall be brief, but shall show the nature of each paper filed or writ issued and the substance of each order or judgment of the court and of the returns showing execution of process. The entry of an order or judgment shall show the date the entry is made. Where there has been a demand for trial by jury it shall be shown on the docket along with the date upon which demand was made.

(b) Judgments and Orders.

(1) The clerk shall keep a judgment record book in which shall be kept a correct copy of every final judgment or appealable order, or order affecting title to or lien upon real or personal property, and any other order which the court may direct to be kept.

(2) The clerk shall denote the date and time that a judgment, decree or order is filed by stamping or otherwise marking it withthe date and time and the word "filed." A judgment, decree or order is entered when so stamped or marked by the clerk, irrespective of when it is recorded in the judgment record book.

(3) If the clerk's office has a facsimile machine, the clerk shall accept facsimile transmission of a judgment, decree or order filed in such manner at the direction of the court. The clerk shall stamp or otherwise mark a facsimile copy as filed on the date and time that it is received on the clerk's facsimile machine during the regular hours of the clerk's office or, if received outside those hours, at the time the office opens on the next business day. The date stamped on the facsimile copy shall control all appeal-related deadlines pursuant to Rule 4 (e) of the Arkansas Rules of Appellate Procedure--Civil. The original judgment, decree or order shall be substituted for the facsimile copy within fourteen days of transmission.

(4) At any time that the clerk's office is not open for business, and upon an express finding of extraordinary circumstances set forth in an order, any judge may make any order effective immediately by signing it, noting the time and date thereon, and marking or stamping it "filed in open court." Any such order shallbe filed with the clerk on the next day on which the clerk's office is open, and this filing date shall control all appeal-related deadlines pursuant to Rule 4(e) of the Arkansas Rules of Appellate Procedure--Civil.

(c) Indices. Suitable indices of the civil, probate, domestic relations, criminal, and juvenile dockets and of every judgment or order referred to in Section (b) of this rule shall be kept by the clerk under the direction of the court.

(d) Other Books and Records. The clerk shall also keep such other books and records as may be required by law and as directed by the Supreme Court.

(e) Uniform Paper Size. All records prepared by the clerk shall be on 8 1/2" x 11" paper.

(f) [effective July 1, 2001] Clerk Defined. When used herein, the term clerk refers to the clerks of the various circuit courts of the state; provided, that in the event probate matters are required by law to be filed in the office of county clerk, then the term clerk shall also include the county clerk for this limited purpose.

ADMINISTRATIVE ORDER NUMBER 3 -- TRIAL BRIEFS -- TRIAL AND APPELLATE COURT DECISIONS -- TIME LIMITATIONS AND REPORTS

1. Trial briefs. All matters which are under submission to a trial judge should be promptly, efficiently, and fairly determined. The total time for all parties to file briefs in any case in the circuit courts is limited to a period not to exceed thirty (30) days after the trial is completed and the case is ready for decision. Upon a showing or written statement of special circumstances in a particular case, the time for filing briefs may be extended, reduced, or eliminated at the discretion of the trial judge.

2. Trial court decisions.

A. Judges of circuit courts are directed to submit to the Administrative Office of the Courts at the end of each calendar quarter, reports of cases which have been under advisement for more than ninety (90) days after final submission. These reports are tobe submitted on forms supplied by the Administrative Office of the Courts. In cases which have been pending for more than ninety (90) days after final submission, the quarterly report shall include the date when the case was submitted and a statement of the reasons necessitating the delay in rendering a decision. If there are no cases which are pending for that length of time, the report shall simply state "none."

B. The Administrative Office of the Courts shall promptly review all reports filed by the trial courts, and if it determines that the delay in any case was not caused by the parties or their counsel, it shall recommend to the Supreme Court a judge to be assigned or appointed to dispose of the delayed case.

C. Willful noncompliance with the provisions of the order shall constitute grounds for discipline under the provisions of Canon 3 B (8) of the Arkansas Code of Judicial Conduct. Any judge whose quarterly report is not received by the 15th of the month following the end of the previous quarter (i.e., January 15, April 15, July 15, October 15) will be automatically referred to the Judicial Discipline and Disability Commission for possible discipline.

3. Appellate court decisions.

A. Justices and Judges of the Arkansas Supreme Court and Court of Appeals are directed to submit to the Chief Justice of the Supreme Court at the end of each quarter a report of any case in which an opinion has not been issued within sixty (60) days from the case's submission. The report shall include a statement of the reason necessitating the delay in issuing an opinion.

B. The Supreme Court will review the reasons given for delay in any reported case and make any reassignment or take any appropriate action necessary to dispose of the case.

C. Willful noncompliance with the provisions of this order shall constitute grounds for discipline under the provisions of Canon 3 B (8) of the Arkansas Code of Judicial Conduct.

4. Effective date. This order shall become effective commencing January 1, 1991, and the initial quarterly reports shall be filed on or before March 31, 1991, and the last day of each quarterly month thereafter.

ADMINISTRATIVE ORDER NUMBER 4 -- VERBATIM TRIAL RECORD

Unless waived on the record by the parties, it shall be the duty of any circuit court to require that a verbatim record be made of all proceedings pertaining to any contested matter before it.

ADMINISTRATIVE ORDER NUMBER 6 -- BROADCASTING, RECORDING, OR PHOTOGRAPHING IN THE COURTROOM

(a) Application -- Exception. This Order shall apply to all courts, circuit, district, and appellate, except as set out below.

(b) Authorization. A judge may authorize broadcasting, recording, or photographing in the courtroom and areas immediately adjacent thereto during sessions of court, recesses between sessions, and on other occasions, provided that the participants will not be distracted, nor will the dignity of the proceedings be impaired.

(1) An objection timely made by a party or an attorney shall preclude broadcasting, recording, or photographing of the proceedings;

(2) The court shall inform witnesses of their right to refuse to be broadcast, recorded, or photographed, and an objection timely made by a witness shall preclude broadcasting, recording or photographing of that witness;

(3) All juvenile matters in circuit court as well as hearings in probate and domestic relations matters in circuit court, e.g., adoptions, guardianships, divorce, custody, support, and paternity, shall not be subject to broadcasting, recording, or photographing.

(4) In camera proceedings shall not be broadcast, recorded, or photographed except with consent of the court;

(5) Jurors, minors without parental or guardian consent, victims in cases involving sexual offenses, and undercover police agents or informants shall not be broadcast, recorded, or photographed.

(d) Procedure. The broadcasting, recording, or photographing ofany court proceeding shall comply with the following rules:

(1) The court shall direct that the news media representatives enter into a pooling arrangement for the broadcasting, recording, or photographing of a trial. Any representative of a news medium wanting to broadcast, record, or photograph court proceedings shall present to the court a written statement agreeing to share with other media representatives. The media pool shall select one of its members to serve as pool coordinator. The media pool shall establish its own procedures, not inconsistent with these rules or with the wishes of the court, and the pool coordinator shall arbitrate any problems that arise. If a problem arises that requires the assistance of the court, the pool coordinator alone shall be responsible for coordinating with the court. A plan for the placement of the broadcast equipment shall be prepared and filed by the pool coordinator, subject to the final approval of the court.

(2) The court shall retain ultimate control of the application of these rules over the broadcasting, recording, or photographing of a trial. Decisions made as to the details are final and are not subject to appeal. The court may in its discretion terminate thebroadcasting, recording, or photographing at any time. Such a decision should not be made in an effort to edit the proceedings but only as one necessary in the interest of justice.

(3) The media pool may have two cameras in the courtroom during the course of a trial. One camera shall be used for still photography, and one camera shall be used for television photography. Both cameras shall remain in stationary positions outside the bar of the courtroom. Videotape recording and other electronic equipment not a component part of the cameras shall be located in an area remote from the courtroom to be designated by the court.

(4) One additional audio system for radio broadcasting shall be permitted provided that all microphones and related essential wiring will be unobtrusive and located in places designated in advance by the basic courtroom plan. The pool coordinator shall permit the installation of a pickup distribution box to be located outside the courtroom area to allow additional agencies access to the audio feed.

(5) Only television or photographic equipment that does notrequire distracting sound or light shall be employed to cover court proceedings. No artificial lighting device shall be employed in connection with television cameras. Any court approved alterations in existing lighting or wiring shall be accomplished by and at the expense of the media pool.

(6) Camera and audio equipment shall be installed or removed only when the court is not in session. Film changes shall not be made while court is in session. No audio equipment shall be used to record conversations between attorneys and clients or conversations between attorneys and the court held outside the hearing of the jury.

(e) Contempt. Failure to abide by any provision of this Order can result in a citation for contempt against the news representative and his or her agency.

ADMINISTRATIVE ORDER NUMBER 8 -- FORMS FOR

REPORTING CASE INFORMATION IN ALL

ARKANSAS TRIAL COURTS

[Changes to Administrative Order Number 8 shall be effective July 1, 2001, except for Section II (c) [Multiple claims], which shall be effective January 1, 2002]

Section I. Scope.

In every action filed in the circuit courts, a form designed for the uniform collection of case data shall be completed and filed with the initial pleading and again at final disposition. The forms shall be used in assigning and allocating cases and to collect statistical case data. The forms shall not be admissible as evidence in any court proceeding or replace or supplement the filing and service of pleadings, orders, or other papers as required by law or the rules of this Court. This Order in no way affects the use of the Judgment and Commitment Order or Judgment and Disposition Order in judicial proceedings as authorized by Court Rule or statute.

Section II. Responsibility for forms.

a. Administrative office of the courts. The Administrative Office of the Courts (AOC) shall be responsible for the content and formatof the forms after consultation with other appropriate agencies or as may be required by law. The AOC shall be responsible for training in the use of these forms and for initial dissemination of the forms.

b. Court clerk. The court clerk shall not accept an initial pleading which is not accompanied by the appropriate completed form. The court clerk shall maintain a supply of forms to ensure their availability to attorneys or pro se litigants. The court clerk shall weekly forward a copy of the forms which have been filed to the AOC unless the court clerk or other official as designated by the trial court reports electronically to the AOC. Those counties which report electronically should not send copies of the paper forms unless specifically requested to do so by the AOC. These forms shall replace all forms currently used for reporting case data to the AOC. For the purposes of this Administrative Order, court clerk means the elected circuit clerk, or his/her deputy clerks in whose office a pleading, order, judgment, or decree is filed, except in the event probate matters are required by law to be filed in the office of county clerk, then the term clerk shall also include the county clerk for this limited purpose.

c. [Effective January 1, 2002] Multiple claims. If a complaint asserts multiple claims which involve different subject matter divisions of the circuit court, the cover sheet for that division which is most definitive of the nature of the case should be selected and completed. Attorneys or pro se litigants should be cognizant that claims which are wholly unrelated may be severed and proceeded with separately under Rule 18 (b) of the Rules of Civil Procedure.

Section III. Procedure.

a. Criminal cases. The office of the prosecuting attorney shall be responsible for completion of the criminal information form and for filing it in the Office of the Circuit Clerk who shall forward a copy to the AOC pursuant to SECTION II.b.

Upon conviction and sentencing to the Arkansas Department of Correction, the office of the prosecuting attorney shall be responsible for completion of the Judgment and Commitment Order. The Order shall be submitted to the circuit judge for signature andfiled in the Office of the Circuit Clerk. The clerk shall forward a copy to the AOC pursuant to SECTION II.b and to counsel of record for the defendant.

Where the final disposition does not result in a commitment to the Arkansas Department of Correction but may include any of the following -- an order of probation, suspended imposition of sentence, commitment to the Department of Community Punishment or to the county jail, a fine, restitution, and/or court costs -- the office of the prosecuting attorney shall be responsible for completion of the Judgment and Disposition Order which shall be submitted to the circuit judge for signature and filed in the Office of the Circuit Clerk. The clerk shall forward a copy to the AOC pursuant to SECTION II.b and to counsel of record for the defendant.

Where the case is dismissed or nolle prossed because of the speedy trial rule, the case is transferred, or the defendant is acquitted, the office of the prosecuting attorney shall be responsible for completion of the Reporting Form for Defense-Related Dispositions which shall be submitted to the circuit judge for signature and filed in the Office of the CircuitClerk. The clerk shall forward a copy to the AOC pursuant to SECTION II.b and to counsel of record for the defendant.

b. Civil, Probate, and Domestic Relations cases. When an action is commenced, the attorney or pro se litigant filing the initial pleading shall be responsible for completion of the filing information on the appropriate reporting form, and that form shall be filed with the court clerk. The court clerk shall not accept the pleading unless it is accompanied by the reporting form. The court clerk shall file the original in the case file and shall forward a copy of the reporting form to the AOC pursuant to SECTION II.b.

When the final order/decree/judgment is filed with the court clerk, the clerk or other appropriate official as designated by the trial court shall complete the disposition information on the original form in the case file. The court clerk shall sign, date, and forward a copy of the completed reporting form to the AOC pursuant to SECTION II.b.

c. Juvenile cases. When an action is commenced, unless otherwise designated by the judge, the attorney or pro se litigant filing the petition shall be responsible for completion of the filinginformation on the appropriate reporting form, and that form shall be filed with the court clerk. The court clerk shall not accept an initial pleading unless it is accompanied by the reporting form. The court clerk shall forward a copy of the reporting form to the AOC pursuant to Section II.b.

Pursuant to A.C.A. Sec. 16-13-603(d)(2), the judge shall designate a staff person who shall be responsible for completing the disposition information on the appropriate juvenile reporting form when an order is entered and forwarding the form to the court clerk for filing. The court clerk shall not accept the order unless it is accompanied by the reporting form. The court clerk shall sign, date, and forward a copy of the reporting form to the AOC pursuant to SECTION II.b.

ADMINISTRATIVE ORDER NUMBER 10 -- CHILD SUPPORT GUIDELINES

***

FORMS

IN THE CIRCUIT COURT OF __________________ COUNTY, ARKANSAS

__________________________ Division

* * * *

ILLUSTRATION OF CHANGES MADE TO THE

ADMINISTRATIVE ORDERS

[not to be published in Official Rules]

ADMINISTRATIVE ORDER NUMBER 1 -- SPECIAL JUDGES

Section 1.

When the judge of a circuit~~, chancery, or probate~~ court shall fail to attend on any day scheduled for the holding of that court, or if such a judge is disqualified from presiding in any pending case, upon notice from the clerk of the court, the regular practicing attorneys attending the court may elect a special judge.The attorneys present in the courtroom shall elect one of their number as special judge. The election shall be conducted by the clerk of the court, who will accept nominations from the attorneys present. Only attorneys who are qualified to serve as special judge may vote in the election of a special judge. The election shall be by secret ballot. The attorney receiving a majority of the votes shall be declared elected as special judge. He shall immediately be sworn in by the clerk and shall immediately enter upon the duties of the office. He shall adjudicate those causes pending at the time of his election.

Section 2.

Section 3.

No person who is not an attorney regularly engaged in thepractice of law in the State of Arkansas and duly licensed and in good standing to do so, and who is not a resident possessed of the qualifications required of an elector of this state, whether registered to vote or not, shall be elected special judge.

Section 4.

For purposes of this rule, each division of circuit ~~division of a~~ court in a county shall be considered to be a separate court.

Section 5.

IN THE CIRCUIT COURT OF __________________ COUNTY, ARKANSAS

IN THE MATTER OF ______________________________________ SPECIALJUDGE

Now on this ______ day of ____________________, ____, the Honorable _________________________________, notified the clerk that he/she was unable to attend and preside over this court on this day. WHEREUPON, the Clerk gave notice pursuant to Administrative ~~Rule~~ Order No. 1 that an election was to be held for of a Special Judge to preside during the absence of said Judge.

AND THEREAFTER, the Honorable ________________________, an attorney at law, a resident of the State of Arkansas and possessing the required qualifications, having received a majority of the votes cast at such special election, at which only the practicing attorneys in attendance in the Court were allowed to vote, was found and declared to be duly elected Special Judge to preside during the absence of the Honorable ___________________.

WHEREUPON, the Clerk did administer the oath of office required by law as such Special Judge and he/she assumed the bench and entered upon the discharge of his/her duties herein.

________________________

Clerk

OATH OF OFFICE

STATE OF ARKANSAS

COUNTY OF _____________

____________ Division, ___________________ County, upon which I am about to enter.

________________________

Special Judge

Witnesses ____________________________ ____________________________ ____________________________

Subscribed and sworn to before me this ____ day of _____________, _____.

________________________

Circuit~~/Chancery~~ Clerk

By: _______________________

Deputy Clerk

ADMINISTRATIVE ORDER NUMBER 2 -- DOCKETS AND OTHER RECORDS

(a) Docket. The clerk shall keep a book known as a "civil docket," designated by the prefix "CV";~~a book known as a "chancery docket,"~~ a book known as a "probate docket," designated by the prefix "PR"; a book known as a "domestic relations" docket," designated by the prefix "DR"; ~~and~~ a book known as a "criminal docket," designated by the prefix "CR"; and a book known as a "juvenile docket," designated by the prefix "JV". ~~and~~ Each action shall be entered in the appropriate docket book. ~~therein each action~~ Cases shall be assigned the letter prefix corresponding to that docket and a numbers in the order of filing. ~~and~~ b Beginning with the first case filed each year ~~in each court~~, cases shall be numbered consecutively in each docket category with the four digitsof the current year ~~shall be entered~~, followed by a hyphen and the number assigned to the case, beginning with the number "1". For example:

criminal CR2002-1

civil CV2002-1

probate PR2002-1

domestic relations DR2002-1

juvenile JV2002-1

For further identification, the court may direct that the letters "CIV" or "CR" precede the docket number for cases filed in circuit court, that the letters "E" or "J" precede the docket number for cases filed in chancery court, and that the letter "P" precede the docket number for cases filed in probate court.

All papers filed with the clerk, all process issued and returns thereon, all appearances, orders, verdicts and judgments shall be noted chronologically in the dockets and filed in the folio assigned to the action and shall be marked with its file number. These entries shall be brief, but shall show the nature of each paper filed or writ issued and the substance of each order orjudgment of the court and of the returns showing execution of process. The entry of an order or judgment shall show the date the entry is made. Where there has been a demand for trial by jury it shall be shown on the docket along with the date upon which demand was made.

(b) Judgments and Orders.

(2) The clerk shall denote the date and time that a judgment, decree or order is filed by stamping or otherwise marking it with the date and time and the word "filed." A judgment, decree or order is entered when so stamped or marked by the clerk, irrespective of when it is recorded in the judgment record book.

(3) If the clerk's office has a facsimile machine, the clerk shall accept facsimile transmission of a judgment, decree or order filed in such manner at the direction of the court. The clerk shallstamp or otherwise mark a facsimile copy as filed on the date and time that it is received on the clerk's facsimile machine during the regular hours of the clerk's office or, if received outside those hours, at the time the office opens on the next business day. The date stamped on the facsimile copy shall control all appeal-related deadlines pursuant to Rule 4 (e) of the Arkansas Rules of Appellate Procedure--Civil. The original judgment, decree or order shall be substituted for the facsimile copy within fourteen days of transmission.

(4) At any time that the clerk's office is not open for business, and upon an express finding of extraordinary circumstances set forth in an order, any judge may make any order effective immediately by signing it, noting the time and date thereon, and marking or stamping it "filed in open court." Any such order shall be filed with the clerk on the next day on which the clerk's office is open, and this filing date shall control all appeal-related deadlines pursuant to Rule 4(e) of the Arkansas Rules of Appellate Procedure--Civil.

(c) Indices. Suitable indices of the civil, probate, domestic relations, criminal, ~~chancery,~~ and juvenile~~, and probate~~ docket andof every judgment or order referred to in Section (b) of this rule shall be kept by the clerk under the direction of the court.

(d) Other Books and Records. The clerk shall also keep such other books and records as may be required by law and as directed by the Supreme Court.

(e) Uniform Paper Size. All records prepared by the clerk shall be on 8 1/2" x 11" paper.

(f) Clerk Defined. When used herein, the term clerk refers to the clerks of the various circuit~~, chancery or probate~~ courts of the state; provided, that in the event probate matters are required by law to be filed in the office of county clerk, then the term clerk shall also include the county clerk for this limited purpose.

ADMINISTRATIVE ORDER NUMBER 3 -- TRIAL BRIEFS -- TRIAL AND APPELLATE COURT DECISIONS -- TIME LIMITATIONS AND REPORTS

1. Trial briefs. All matters which are under submission to a trial judge should be promptly, efficiently, and fairly determined.The total time for all parties to file briefs in any case in the circuit~~, chancery, probate and juvenile~~ courts is limited to a period not to exceed thirty (30) days after the trial is completed and the case is ready for decision. Upon a showing or written statement of special circumstances in a particular case, the time for filing briefs may be extended, reduced, or eliminated at the discretion of the trial judge.

2. Trial court decisions.

A. Judges of circuit~~, chancery; probate and juvenile~~ courts are directed to submit to the Administrative Office of the Courts at the end of each calendar quarter, reports of cases which have been under advisement for more than ninety (90) days after final submission. These reports are to be submitted on forms supplied by the Administrative Office of the Courts. In cases which have been pending for more than ninety (90) days after final submission, the quarterly report shall include the date when the case was submitted and a statement of the reasons necessitating the delay in rendering a decision. If there are no cases which are pending for that length of time, the report shall simply state "none."

3. Appellate court decisions.

B. The Supreme Court will review the reasons given for delay in any reported case and make any reassignment or take any appropriate action necessary to dispose of the case.

C. Willful noncompliance with the provisions of this order shall constitute grounds for discipline under the provisions of Canon 3 B (8) of the Arkansas Code of Judicial Conduct.

ADMINISTRATIVE ORDER NUMBER 4 -- VERBATIM TRIAL RECORD

Unless waived on the record by the parties, it shall be the duty of any circuit~~, chancery, or probate~~ court to require that a verbatim record be made of all proceedings pertaining to any contested matter before it.

ADMINISTRATIVE ORDER NUMBER 6 -- BROADCASTING, RECORDING, OR PHOTOGRAPHING IN THE COURTROOM

(a) Application - Exception. This Order shall apply to all courts, circuit, ~~chancery, probate, municipal,~~ district, and appellate, except ~~but it shall not apply to the juvenile division of chancery court~~ as set out below.

(1) An objection timely made by a party or an attorney shall preclude broadcasting, recording, or photographing of the proceedings;

(2) The court shall inform witnesses of their right to refuse to be broadcast, recorded, or photographed, and an objection timelymade by a witness shall preclude broadcasting, recording or photographing of that witness;

(3) All juvenile matters ~~in the juvenile division of the chancery court as well as chancery and probate court hearings in probate and domestic relations matters,~~ in circuit court as well as hearings in probate and domestic relations matters in circuit court, e.g., adoptions, guardianships, divorce, custody, support, and paternity, shall not be subject to broadcasting, recording, or photographing;

(4) In camera proceedings shall not be broadcast, recorded, or photographed except with consent of the court;

(5) Jurors, minors without parental or guardian consent, victims in cases involving sexual offenses, and undercover police agents or informants shall not be broadcast, recorded, or photographed.

(d) Procedure. The broadcasting, recording, or photographing of any court proceeding shall comply with the following rules:

(2) The court shall retain ultimate control of the application of these rules over the broadcasting, recording, or photographing of a trial. Decisions made as to the details are final and are not subject to appeal. The court may in its discretion terminate the broadcasting, recording, or photographing at any time. Such a decision should not be made in an effort to edit the proceedingsbut only as one necessary in the interest of justice.

(5) Only television or photographic equipment that does not require distracting sound or light shall be employed to cover court proceedings. No artificial lighting device shall be employed inconnection with television cameras. Any court approved alterations in existing lighting or wiring shall be accomplished by and at the expense of the media pool.

(e) Contempt. Failure to abide by any provision of this Order can result in a citation for contempt against the news representative and his or her agency.

ADMINISTRATIVE ORDER NUMBER 8 -- FORMS FOR

REPORTING CASE INFORMATION IN ALL

ARKANSAS TRIAL COURTS

Section I. Scope.

~~Beginning July 1, 1996, i~~In every action filed in the circuit~~,chancery, and probate~~ courts, a form designed for the uniform collection of case data shall be completed and filed with the initial pleading and again at final disposition. The ~~civil, chancery, probate and juvenile~~ forms shall be used in assigning and allocating cases and to collect ~~, while required, are solely for the purpose of collecting~~ statistical case data. The forms ~~and~~ shall not be admissible as evidence in any court proceeding or replace or supplement the filing and service of pleadings, orders, or other papers as required by law or the rules of this Court. This Order in no way affects the use of the Judgment and Commitment Order or Judgment and Disposition Order in judicial proceedings as authorized by Court Rule or statute.

Section II. Responsibility for forms.

a. Administrative office of the courts. The Administrative Office of the Courts (AOC) shall be responsible for the content and format of the forms after consultation with other appropriate agencies or as may be required by law. The AOC shall be responsible for training in the use of these forms and for initial dissemination of the forms.

b. Court clerk. The court clerk shall not accept an initial pleading which is not accompanied by the appropriate completed form. The court clerk shall maintain a supply of forms to ensure their availability to attorneys or pro se litigants. The court clerk shall weekly forward a copy of the forms which have been filed to the AOC unless the court clerk or other official as designated by the trial court reports electronically to the AOC. Those counties which report electronically should not send copies of the paper forms unless specifically requested to do so by the AOC. These forms shall replace all forms currently used for reporting case data to the AOC. For the purposes of this Administrative Order, court clerk means the elected circuit~~, chancery, or county~~ clerk, or his/her deputy clerks in whose office a pleading, order, judgment, or decree is filed, except in the event probate matters are required by law to be filed in the office of county clerk then the term clerk shall also include the county clerk for this limited purpose.

c. Multiple claims. If a complaint asserts multiple claims which involve different subject matter divisions of the circuit court, the cover sheet for that division which is most definitive of thenature of the case should be selected and completed. Attorneys or pro se litigants should be cognizant that claims which are wholly unrelated may be severed and proceeded with separately under Rule 18 (b) of the Rules of Civil Procedure.

Section III. Procedure.

Upon conviction and sentencing to the Arkansas Department of Correction, the office of the prosecuting attorney shall be responsible for completion of the Judgment and Commitment Order. The Order shall be submitted to the circuit judge for signature and filed in the Office of the Circuit Clerk. The clerk shall forward a copy to the AOC pursuant to SECTION II.b and to counsel of record for the defendant.

Where the case is dismissed or nolle prossed because of the speedy-trial rule, the case is transferred, or the defendant is acquitted, the office of the prosecuting attorney shall be responsible for completion of the Reporting Form for Defense-Related Dispositions which shall be submitted to the circuit judge for signature and filed in the Office of the Circuit Clerk. The clerk shall forward a copy to the AOC pursuant to SECTION II.b and to counsel of record for the defendant.

b. Civil, Probate, and Domestic Relations ~~circuit, chancery andprobate~~ cases. When an action is commenced, the attorney or pro se litigant filing the initial pleading shall be responsible for completion of the filing information on the appropriate reporting form, and that form shall be filed with the court clerk. The court clerk shall not accept the pleading unless it is accompanied by the reporting form. The court clerk shall file the original in the case file and shall forward a copy of the reporting form to the AOC pursuant to SECTION II.b.

c. Juvenile ~~division~~ ~~chancery~~ cases. When an action is commenced, unless otherwise designated by the ~~juvenile division~~ judge, the attorney or pro se litigant filing the petition shall be responsible for completion of the filing information on the appropriate reporting form, and that form shall be filed with the court clerk. The court clerk shall not accept an initial pleadingunless it is accompanied by the reporting form. The court clerk shall forward a copy of the reporting form to the AOC pursuant to Section II.b.

Pursuant to A.C.A. Sec. 16-13-603(d)(2), the ~~juvenile division~~ judge shall designate a staff person who shall be responsible for completing the disposition information on the appropriate juvenile reporting form when an order is entered and forwarding the form to the court clerk for filing. The court clerk shall not accept the order unless it is accompanied by the reporting form. The court clerk shall sign, date, and forward a copy of the reporting form to the AOC pursuant to SECTION II.b.

ADMINISTRATIVE ORDER NUMBER 10 -- CHILD SUPPORT GUIDELINES

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FORMS

IN THE ~~CHANCERY~~ CIRCUIT COURT OF __________________ COUNTY, ARKANSAS

__________________________ Division

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1 The subject-matter divisions to be created pursuant to Administrative Order Number 14 go into effect when the administrative plans approved thereunder become effective, January 1, 2002.