IN RE: AMENDMENTS to

ADMINISTRATIVE ORDERS NUMBERS 8 and 14

___ S.W.3d ___

Supreme Court of Arkansas

Delivered November 1, 2001

Per Curiam. We adopted Administrative Order Number 14 on April 6, 2001, see In Re Adoption of Administrative Order Number 14, 344 Ark. 747 (2001), and announced changes to our Administrative Orders as a result of the passage of Amendment 80 to the Constitution on May 24, 2001. See In Re Implementation of Amendment 80: Amendments to Administrative Orders, 345 Ark. Appx. (2001). With the benefit of time to consider our Administrative Orders in light of the post-Amendment 80 court system, we have concluded that several improvements can be made to Administrative Orders Numbers 8 and 14.

In Administrative Order Number 8, we are amending Section III

(b) as follows:

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

The amended order is set out below and is republished in its entirety. The effective date for this amendment shall be January 1, 2001, to coincide with the effective date of revised cover sheets.

The amendment to Administrative Order Number 14 appears in

Section (1)(b) and is illustrated as follows:

1.b. For purposes of this order, "probate" means cases relating to decedent estate administration, trust administration, adoption, guardianship, conservatorship, commitment, change of name, and adult protective custody. "Domestic Relations" means cases relating to divorce, annulment, maintenance, custody, visitation, support, paternity, and domestic abuse. Provided, however, the definitions of "probate" and "domestic relations" are not intended to restrict the juvenile division of circuit court fromhearing adoption, guardianship, support, custody, paternity, or commitment issues which may arise in juvenile proceedings.

The amended order is set out below and is republished in its entirety. This amendment is effective immediately.

ADMINISTRATIVE ORDER NUMBER 8 -- FORMS FOR

REPORTING CASE INFORMATION IN ALL ARKANSAS TRIAL COURTS

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 byCourt 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 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 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 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 Circuit Clerk. The clerk shall forwarda 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 presented to the court clerk for filing, the clerk or other appropriate official as designated by the trial court shall complete with the assistance of the parties and their attorneys the disposition information on the original form in the case file. The court clerk shall not file and enter the order unless it is accompanied by the completed reporting form. 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 14 - DIVISIONS OF CIRCUIT COURTS -

ADMINISTRATIVE PLAN

1. Divisions. a. A circuit judge shall at all times have the authority to hear all matters within the jurisdiction of the circuit court and has the affirmative duty to do so regardless of the designation of divisions. The circuit judges of a judicialcircuit shall establish the following subject-matter divisions in each county of the judicial circuit: criminal, civil, juvenile, probate, and domestic relations. The designation of divisions is for the purpose of judicial administration and caseload management and is not for the purpose of subject-matter jurisdiction. The creation of divisions shall in no way limit the powers and duties of the judges as circuit judges. Judges shall not be assigned exclusively to a particular division so as to preclude them from hearing other cases which may come before them.

2. Administrative Plan. The circuit judges of a judicial circuit shall submit a plan for circuit court administration to the Supreme Court for approval. The plan shall include the following:

served by more than one circuit judge shall adopt a written policy which describes the process by which case management and administrative procedures to be used within the judicial circuit will be determined. The circuit judges of the judicial circuit must unanimously agree, and evidence their agreement, as to the manner in which decisions will be reached under the plan. For example, the policy might require the establishment of periodic meetings by all judges and might specify the requirement of an affirmative vote by a majority, super-majority, or unanimous consent of all the judges. In the alternative, the policy might provide for the designation or selection of an administrative judge or an administrative committee to make such decisions or to be responsible for on-going implementation. In designing a plan, any special circumstances within the judicial circuit and the individual experience of the judges may be considered.

describe the process for the assignment of cases and shallcontrol the assignment and allocation of cases in the judicial circuit. In the absence of good cause to the contrary, the plan of assignment of cases shall assume (i) random selection of unrelated cases; (ii) a substantially equal apportionment of cases among the circuit judges of a judicial circuit; and (iii) all matters connected with a pending or supplemental proceeding will be heard by the judge to whom the matter was originally assigned.

soon as practical develop and make available to each judicial circuit a computerized program to assure (i) random assignment of cases where appropriate and (ii) a substantially equal apportionment of cases among the judges.

will apportion the business of the circuit court among each of the judges within the judicial circuit on as equal a basis as possible. The plan shall include an estimate of the projected caseload of each of the judges based upon previous case filings. If, at any time, it is determined that a workload imbalance exists which is affecting the judicial circuit or a judgeadversely, the plan shall be amended subject to the provisions of Section (3) of this Administrative Order.

3. Supreme Court. The administrative plan for the judicial circuit shall be submitted to the Supreme Court by March 1 of each year following the year in which the general election of circuit judges is held. Until a subsequent plan is approved by the Supreme Court, any approved plan currently in effect shall remain in full force. Upon approval, a copy of the order shall be filed with the clerk of the circuit court and the clerk of the Supreme Court. An approved plan may only be amended if approved by the Supreme Court. In the event the circuit judges are unable to agree on a plan or the plan is not approved by the Supreme Court, the Supreme Court may formulate a plan for the equitable distribution of cases and caseloads within the judicial circuit. The Supreme Court shall set out the plan in an order which shall be filed with the clerk of each court in the judicial circuit and the clerk of the Supreme Court. The clerk shall thereafter assign cases in accordance with the plan. The Supreme Court shall appoint a circuit judge from the judicial circuit to serve as an administrative judge for the purpose of implementing the plan formulated by the Supreme Court. In the event an approved plan isnot being followed, a judge may bring the matter to the attention of the Chief Justice of the Arkansas Supreme Court by setting out in writing the nature of the problem. Upon receipt of a complaint, the Supreme Court may cause an investigation to be undertaken by appropriate personnel and will take other action as may be necessary to insure the efficient operation of the courts and the expeditious dispatch of litigation in the judicial circuit.

4. Transition. a. No divisions of circuit court shall be effective as of January 1, 2002 unless the Supreme Court has approved the circuit court's administrative plan. Each judicial circuit shall submit its initial administrative plan to the Supreme Court on or before June 1, 2001. The Supreme Court shall approve or disapprove such plans on or before July 1, 2001. The initial plans shall be implemented on January 1, 2002.