Judiciary Committee- House
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Bills discussed (12)
| Bill | Title | Sponsor | Status |
|---|---|---|---|
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HB1005
· 1 mention in agenda
Matched: “…ISH-FOR-PAY WEBSITE. DEFERRED BILLS Number Sponsor Subtitle HB1005 J. Mayberry TO ESTABLISH THE SUPPORTED DECISION-MAKING AGRE…”
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TO ESTABLISH THE SUPPORTED DECISION-MAKING AGREEMENT ACT. | J. Mayberry | Died on House Calendar at Sine Die Adjournment |
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HB1019
· 1 mention in agenda
Matched: “…TO BE KNOWN AS THE "LAW ENFORCEMENT INTEGRITY ACT OF 2021". HB1019 Rye TO AMEND THE LAW CONCERNING THE CIVIL EVICTION PROCESS;…”
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TO AMEND THE LAW CONCERNING THE CIVIL EVICTION PROCESS; TO CREATE AN EVICTION PROCESS FOR … | Rye | WITHDRAWN BY AUTHOR |
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HB1024
· 1 mention in agenda
Matched: “…ESS; TO CREATE AN EVICTION PROCESS FOR FAILURE TO PAY RENT. HB1024 Watson CONCERNING THE THREAT OF OR ACTUAL INTRODUCTION OF A…”
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CONCERNING THE THREAT OF OR ACTUAL INTRODUCTION OF A CONTROLLED SUBSTANCE INTO THE BODY OF … | Watson | Died in House Committee at Sine Die Adjournment |
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HB1204
Act 428
· 1 mention in agenda
Matched: “…Rep. Nicole Clowney REGULAR AGENDA Number Sponsor Subtitle HB1204 Tosh CONCERNING PRIVILEGED COMMUNICATIONS BETWEEN A CERTIFI…”
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CONCERNING PRIVILEGED COMMUNICATIONS BETWEEN A CERTIFIED PEER SUPPORT MEMBER AND AN EMERGENCY RESPONDER. | Tosh | Notification that HB1204 is now Act 428 |
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HB1213
Act 502
· 1 mention in agenda
Matched: “…A CERTIFIED PEER SUPPORT MEMBER AND AN EMERGENCY RESPONDER. HB1213 Maddox CONCERNING INDIGENT PERSONS AND THE USE OF A PUBLIC…”
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CONCERNING INDIGENT PERSONS AND THE USE OF A PUBLIC DEFENDER. | Maddox | Notification that HB1213 is now Act 502 |
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HB1225
· 1 mention in agenda
Matched: “…NCERNING INDIGENT PERSONS AND THE USE OF A PUBLIC DEFENDER. HB1225 Tollett CONCERNING THE REORGANIZATION OF THE STATE DISTRICT…”
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CONCERNING THE REORGANIZATION OF THE STATE DISTRICT COURT SYSTEM; AND CONCERNING THE CURRENT FIFTEENTH AND … | Tollett | Died in House Committee at Sine Die Adjournment |
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HB1256
Act 341
· 1 mention in agenda
Matched: “…ING THE CURRENT FIFTEENTH AND SIXTEENTH JUDICIAL DISTRICTS. HB1256 Boyd TO AMEND THE COMPREHENSIVE CRIMINAL RECORD SEALING ACT…”
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TO AMEND THE COMPREHENSIVE CRIMINAL RECORD SEALING ACT OF 2013. | Boyd | Notification that HB1256 is now Act 341 |
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HB1381
· 1 mention in agenda
Matched: “…F A CONTROLLED SUBSTANCE INTO THE BODY OF A PREGNANT WOMAN. HB1381 Brown CONCERNING THE RECORDING OF INTERVIEWS OF ALLEGED OFF…”
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CONCERNING THE RECORDING OF INTERVIEWS OF ALLEGED OFFENDERS UNDER THE CHILD MALTREATMENT ACT. | Brown | WITHDRAWN BY AUTHOR |
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HB1405
Act 976
· 1 mention in agenda
Matched: “…estrictions designating areas as 'Members and Staff Only'. HB1405 Brown TO PROVIDE FOR MEDICAL SPECIALIST EXAMINATIONS AND FO…”
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TO CREATE "QUINCY'S LAW"; AND TO PROVIDE FOR CONSIDERATION OF A DIFFERENTIAL DIAGNOSIS IN AN … | Brown | Notification that HB1405 is now Act 976 |
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HB1417
· 1 mention in agenda
Matched: “…NSIC ASSESSMENTS DURING A CHILD MALTREATMENT INVESTIGATION. HB1417 Cloud TO AMEND THE LAW CONCERNING SEXUAL ASSAULT IN THE FOU…”
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TO AMEND THE LAW CONCERNING SEXUAL ASSAULT IN THE FOURTH DEGREE. | Cloud | Died in House Committee at Sine Die Adjournment |
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HB1425
· 1 mention in agenda
Matched: “…END THE LAW CONCERNING SEXUAL ASSAULT IN THE FOURTH DEGREE. HB1425 McGrew CONCERNING EXPENDITURES FROM THE CIRCUIT COURT AUTOM…”
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CONCERNING EXPENDITURES FROM THE CIRCUIT COURT AUTOMATION FUND. | McGrew | Died in House Committee at Sine Die Adjournment |
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HB1437
Act 450
· 1 mention in agenda
Matched: “…MEND THE COMPREHENSIVE CRIMINAL RECORD SEALING ACT OF 2013. HB1437 A. Collins CONCERNING THE UNLAWFUL USE OF A PERSON'S BOOKIN…”
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CONCERNING THE UNLAWFUL USE OF A PERSON'S BOOKING PHOTOGRAPH ON A PUBLISH-FOR-PAY WEBSITE. | A. Collins | Notification that HB1437 is now Act 450 |
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5:26
For being here. Is deal one. Loftin present today. Thank you Mr chairman he's our law Clerk to help prepare the bill he just supported all right. Well all right. A. Representa medics are you ready close the bill yes Sir Mister chairman close from a bill and I appreciate the committee's attention and would appreciate a
good vote. Animotion all right. Motion to pass all right all those in favor let it be known by saying aye. Any post. There is none congratulations you passed your bill. Thank you Mr chair thank you Committee. Thank you. All right I've been instructed that we need to hear house bill
fifteen or twelve fifty six my Representative Boyd so if you'll come forward and present your bill. Thank you Mr chair of with your permission all up again a state your name if you don't mind for the state Representative Justin Boyd okay up so this bills already been before this committee it's already been presented I've had all my witnesses it's just a reminder of what this bill does is all I
really have to say and so this bill does three things it removes the prohibition on sealing of criminal records prior to twenty thirteen it allows criminal record sealing for individuals who spent time in the Arkansas department of corrections and then thirty gives a timeline and a process for the prosecutors and the courts to follow in and the criminal record sealing I just like to add that the prosecutors offered an amendment I took the amendment in its entirety and at
this point in time I know of no organized opposition to the criminal record sealing bill. All right. Committee you've heard the Representative Maddox I mean I'm sorry I've been distracted a little bit a Representative Boyd the whole that against me okay he's a good guy to. All right he wants he is amending his comprehensive
criminal bill twelve fifty six do I hear a motion but it it's already amended its engrossed I'm sorry. Okay. All right let me let me just go to represented Crawford for instance the question. I just have a motion at the proper time. All right we're. We're not ready for that quite
yet but I'll come back to the. Are there any other questions from the committee. We have five members in the audience who want to speak for the bill latonya Austin honorable are you here thank here I am here for our for all okay all right thank you. I don't think we have anyone
else to speak for against the bill as amended or at is that what you're presenting. All right let me come back to Representative Crawford. You are you close for your bill. Yes I would I would just like to say that this bill is about jobs in housing and I would appreciate a good a do pass and then a good vote okay all right
represented Crawford. I'm sorry. Thank you I make a motion for do pass all right. All those in favor of do pass motion on represented boys bill let B. number saying aye. Any opposed. And there is none congratulations you passed your bill.
Represented Tosh are you ready to present your bill house bill twelve zero four. Make sure your microphones are turned on state your name and you may present your bill.
Thank you Mr I'm represented what to audition hello so like to adjust time Have the secretary of public safety at the table with me and. I guess be appropriate time for her to just identify yourself madam sector I'm Jamie cook on the secretary for the Arkansas department of public safety and also served as the director of the Commission on law enforcement standards and training thank you. Thank you madam secretary chaired committee members this
this bill is a concerning privileged communications between a certified peer support member and emergency responders limited exactly what that means that means that members across the stage of the members of law enforcement agencies and fire departments sometimes in the course of their duties as we know how happens quite often. They have to deal with horrific abeyance. Of.
Sometimes they even deal with things that. Would shock the conscience. And the task to the rash to perform or or duties and tasks that most people would. Would never understand They don't wanna understand or they realize their duties and tasks that they themselves. Could not perform. So what we've done in in in the governor's task force.
They wanted to build a more robust top peer group for law enforcement and by repeating fire department personnel across this state to help people that are trained in just listening and understanding and dealing with these type of events that law enforcement officers and fire department personnel had to deal with that I just described. So the bill that we brought the mail if you're a member of a law enforcement agent you can be a member of that privilege group
that the. Can you know counsel with those members in law enforcement fire department. But what we want to do is broaden that to allow people outside of that agency to also be peer support members. And a good example lane is myself you know I mean I spent. Thirty seven years the state police and I still get calls from people that I supervised and I was your troop commander
and they call may still when they have to deal with the tough situation. Shall be a good example of. To attend this training and get certified and the you're probably some things that I'm missing even though I dealt with it my entire career. So that's what this bill does. And and and that's let's see in sector did you do you have anything you need to address that but it will cover to just pull okay thank you.
Well we change position madam chair I am glad to see you here they passed over me three times while you are here so I knew that wouldn't happen if you was in the chair you know representing Tasha totalement did not pass on your bill and and I couldn't get that side. I wish you know I used a bit on a middle Judiciary ever term that I've been here except this term and the first time on that before Judiciary your vice chair I woke up here he said you got a late.
A label will back appreciate you got leave again aged put that sauce I'll be glad when you get here thank you so anyway it is good to be back before Judiciary hello this committee and I miss you all and miss being here with you and I really do so but back to the bill. Forget all. In a speech but back to the bill that that's all that's what this bill does is really a good bill you all and and I mean it's just a way to help these folks.
Shall take any questions. Represent is you're recognized for a question yes a thank you madam chair. I was wanting to support this bill. I mean I came in here fully expecting to support your bill but after what I get for you well you couldn't tell by the latter the what you see on the news I mean I can't. And support what you know your behavior today. I understand.
Well members we've lost control quickly. Are there any other questions this witness. I see no other questions we have no one who signed up to speak for against the bill representing Tosh you're recognized close for your bill madam chair thank you colleagues thank you for your time today and I appreciate your support on or great be able to help help these first responders. Ross this date so with that I'd appreciate a good vote I'm close
madam chair. Members Representative Tosh is close first bill represented Crawford recognize you for motion. I make a motion for do pass. Members we have a motion to do pass is there any discussion on the motion. All in favor say aye. Any opposed say no. The I. seven congratulations you have finished your bill.
Represented Collins are you ready to present house bill fourteen thirty seven. Members if you'll turn to House Bill fourteen thirty seven. Thank you committee it is a tough act to follow And I'm happy to be here with you today for fourteen thirty seven. So this bill addresses a practice called published for pay and if you're not familiar with that it's emerged in the
last couple years over the internet basically what happens is some unscrupulous operator will take a person's mug shot or a booking photograph is re referred over here and put it online and then they tell the person that will take it down if you pay us some amount of money. So the person who has the mugshot out there often is understandably very anxious to get it down there they're trying to get a job turn around their
lives and so they pay and this is an effective form of extortion. So the what the bill does it is addresses those times of published for pay schemes and it does so in a manner similar to what's been done other states says that if a company puts your mugshot online in accepts requests or requires money to take it down and that's important because that's what makes it a published for pay website as distinct from a legitimate media or private source then three things first
the website has to put its contact information on the sign second if a person requested their mugshot be taken down the website has to provide some kind of receipt of the request so it's not just floating out there indefinitely in third and most important when it gets the takedown requests it has to honor it without charging the person for removing it so in this way we can get at this practice and if there is a violation of any of this and the company is subject to civil
penalties the bill is supported by the chiefs of police and state police there here if you have questions for them it's also been okayed by the press association which is important because again it's not getting rid of Marchand's they remain public records they can be used by a newspaper in a story you can use be used by private individual neighborhood group whatever is Jesus is getting at the practice of demanding the money for the March out to be taken down
in with that happy to take any questions. Represented Richmond you're recognized for a question thank you madam chair represented Collins. But you were on this bill because of your own personal circumstances and if you are could you tell me where that website the address website well I'm. If I were I would requested to be taken down I would hope to not be charged but no Sir I'm not. I appreciate that thank you manager thank you. Represented proper you're recognized for a question.
Cavenaugh I apologize you're recognized thank you just want to verify so if there's a website thank you mention if there is a website that just puts them out there but doesn't request any money that is just for informational stuff that's not affected by this it's only when they say you only get this down if you give us some money yes ma'am that's right if it if it requests accepts or requires money otherwise you can put in the. Members any other questions. I see no other questions we have no one who is signed up to speak
for against the bill represented call and you're recognized close for your bill thank you close for the bill and I moved to pass. Members we have a do pass motion on the floor is there any discussion. All in favor please say aye. Any posts a nose five seven motion carries congratulations you've finished your bill thank you for. Thank members were now turning to House Bill twelve twenty five.
Representing Taglit are you here. You'll come to the table you'll be recognized to present your bill. Thank you madam chair would it be okay to have judge Eldridge join me at the table. Yes thank you.
Members this is a. Probably the only time you'll see me in this committee this is definitely not in my wheelhouse and This bill what it does is it takes the rely or it makes the realignment of judicial districts I it takes would or if a county away from Jackson Goodman road and Woodridge together and makes Arkansas a
county a standalone account of the judge you so it also aligns the judicial districts of the congressional districts for my understanding like I said this is not my will house so when this was brought to me I looked into it and maybe you're like me and you don't know how this works I learned that there is a board that actually makes these recommendations and this all stems from a Supreme Court case
from two thousand two actually November twenty fifth two thousand two and it is stylish is the the decry Board which is the District Court resources assessment board this board under law which is sixteen dash seventeen dash one thousand three decides the duties of the District Court or the District course resource assessment board shall recommend to the General Assembly that's what they do is they are they only recommend the
General Assembly that decides how this goes they have several different things number one is the criteria for the creation and placement of full time state funded District Court judgeships number two is the revision of current District Court judgeships or the redistricting of the District Court district of this state after considering and then it gives three things that they have to consider under a is a mandate that the case load and geographic area of the
district of the area of the District Court district. To case load and geographic area currently if you're not from the Delta and and I looked up you know the trail board there's about eleven there's eleven people who serve on it to into ex officio owes only two of these are from my area only two were from the Arkansas delta one from a D. and one from pine bluff Arkansas. And this committee makes
decisions of course on my constituents and the in the area around Arkansas county which is affected by this is the thought has the third largest landmass of any county in the state of Arkansas it is a large county per square mile in fact it's nine hundred and eighty nine square miles. during. The S. process that I went through I talk to the attorneys FOR D.
crab and I requested the minutes of the board meeting and additional information and I was kind of astonished or what I found one of which was in a in October ninth the meeting of the crowd Board on October the night is devilish that Arkansas County in the new establishment would be a standalone a courtship of this was then taken away by the
D. career board or the decree board changed it and the December fourth board meeting and it actually put mine road County with Arkansas county and and did away with the standalone Arkansas county now The caseloads and and this goes back to the to what I'm trying to get to and I'm I'm probably going model it and I'm gonna let judge Eldridge go ahead and and
probably do a much better job than I am with all of this but if you look at the two mandates the caseload of the geographic area that the case load and the geographic area like I said Arkansas county has nine hundred eighty nine square miles Monroe County has six hundred and seven square miles Woodruff County has five hundred eighty six if you combine these two it only comes to eleven ninety three just to hear a bit bigger than what Arkansas county is stand alone
if you look at their case loads Arkansas county in two thousand nineteen in this these are the numbers from two thousand nineteen had eleven thousand one hundred eighty two person case load Monroe County had five thousand sixty and Woodruff County only had three thousand eight hundred twenty six combined between Monroe and water for that would be only eight thousand eight hundred and eighty six cases. And a land mass similar to Arkansas County but Arkansas
county would just be a few square miles smaller than the combination of Monroe and waters and it would still have several thousand more cases than the case load of Monroe and would fit together. The reason that this is being brought to your attention is because. We feel that the addition or putting Monroe County with Arkansas county that this is going to calls a.
Huge lack of judicial services to to our area and If you don't know the Delta. You know we serve a lot of minority we serve a lot of impoverished and this is going to put a further strain on the judicial system that this area serves so this legislation is being introduced in order to combat that and at this time I would like to turn it over to judge Eldridge
who I'm sure will do a much better job than that. If you will a press the button and state your name and you may begin. Thank you thank you represent to let thank you madam chairman my name's park Eldridge a service the District Court judge for the south Arkansas County District Court I thank this committee for Lyme you speak for H. B. twelve twenty five As represent all it said under current law one District Court service would if in Jackson County and in twenty twenty five Arkansas county
Monroe County are to be served by one District Court H. the twelve twenty five and in two thousand and twenty five would have Arkansas county served by one District Court combined Monroe County Woodruff County to be served by one District Court and have Jackson County Sir but one District Court. Is my understanding that there really to elements in this room with regards to HB twelve twenty five and I would like to address those issues before I go into wine H. B. twelve twenty five is the correct course of action for this committee to approve.
First the crab what has issued a letter saying it has voted to make no recommendations to session decree was a recommending body is senator to represent all it said in all recommendations made to the General Assembly are free for you to adopt original or. The Arkansas county bore the Arkansas county elected officials which includes all our mayors and our county judge and the Arkansas county judges requested that the big that day crab recommend Arkansas county have its own District Court and not be considered not be
combined with Monroe County this request was first made in two thousand and nine for the two thousand nineteen session but was not adopted so the request was submitted once again to the crab in it for the twenty twenty one session. At as was said to October on October the ninth two twenty twenty the crab met recommended Arkansas county have its own District Court. S. the crab later on decided to hold a December fourth meeting because no decision was made with regard to row County during the second meeting the crab may
no real effort to decide where to place Monroe County so decision to it was might withdraw the recommendation the Arkansas county have its own District Court. The crime is done at the very thing the H. B. twelve twenty five six do for other counties but for some reason no worse the Arkansas counties request during the two thousand nineteen General session the crab recommended that Pike County not become part of a District Court with Clark County but instead the combined with little river severe and half hour with the
combined for County star back to District Court judges thus creating an additional judgeship the two thousand nineteen General Assembly passed Act eight seventeen adopt the recommendation creating the for County District Court Sir but to distributors with an average case load of less than seventy five hundred cases per judge. The crab also recommended an additional judgeship during the two thousand nineteen session of for loan accounting and one for the cross of St Francis County
District Court both recommendations were adopted and passed the two thousand nineteen General Assembly by ACT eight fourteen and nine ACT nine thirty five respectively I mention this to show two things that a crab does not have a plan to which it here's and the Arkansas county should be given the same opportunity afforded the other counties. The second album is in room is a big two thousand twenty one General Assembly does not want to create any additional judgeships H. B. twelve twenty
five will not create any additional judgeships currently there are seventy six different judges in the state of Arkansas in twenty twenty five that number set to go down to sixty nine so with the passage of H. B. twelve twenty five the number judgeships to go down to seventy increasing number district judges by six instead of seven H. B. twelve twenty five suspected date would be January one two thousand twenty five. There are many reasons the H. B. twelve twenty five makes sense first what Amendment eighty was
adopted there was to be at least one District Court place in each county. The Arkansas Supreme Court said in its November twenty fifth two thousand two Supreme Court statement on limited jurisdiction courts under Amendment eighty the and I quote one District Court should be created in each county in counties that have to the county seats in in which the General Assembly has created judicial districts one District Court should be created H. district further the court stated to the extent the number of cases within a county or district is sufficient to support a full
caseload if the judges to serve on a full time basis and should be prohibited from practicing law to the extent that there is there is not a sufficient number of cases with the district or county to support a full caseload two or more districts and or county should be combined for the purposes of creating electoral district the election of a full time judge to the courts so designating. Clearly the premise behind enacted behind a status report is there should be at least one counting at least one quart per county.
Unless the caseloads not warrant just to be clear Arkansas counties caseload warranted District Court second I would like to walk you through the case load number to surrounding areas the most recent numbers I have a for two thousand eighteen in two thousand nineteen. Aerion Y. counties have one District Court with two different judges the case number for two thousand eighteen or nineteen thousand three hundred seventy six cases cases averaging nine thousand six hundred and eighty eight cases
per judge. And for two thousand nineteen the number is fifteen thousand nine hundred thirty six averaging seven thousand nine hundred and ninety eight cases per judge. Jefferson Lincoln counties have one District Court with three district judges the case number for two thousand eighteen or twenty nine thousand one hundred seventy eight averaging nine thousand seven hundred twenty six per judge the numbers for two thousand nineteen or twenty eight thousand five hundred
sixty one averaging nine thousand five hundred and twenty cases per judge. Leanne feel of counties have one district judge with one District Court case number for two thousand eighteen or twelve thousand one hundred sixty three and for nineteen they were thirteen thousand one eight is that the number for the courts under to the under H. B. twelve twenty five Arkansas county. Case number for two thousand eighteen or eight thousand six hundred sixty seven or two thousand nineteen the numbers
are eleven thousand one hundred eighty two these numbers do not include any specialty court work. Would have been row counties numbers when combined for two thousand eighteen would be nine thousand five hundred forty four in for two thousand nineteen the number of the combined number will be eight thousand eight hundred ninety six Jackson County numbers for two thousand eighteen R. nine thousand three hundred thirty six and for two thousand nineteen that number is nine thousand seven hundred and
forty two the numbers provided show the H. B. twelve twenty five IST take into account case numbers and the numbers for the court to create to within reason the surrounding areas. Third the geographical area the court's trading or H. B. twelve twenty five makes sense for the communities they serve. For a look at geographical area you should consider it two ways one way is the travel time between the department's actually hope court and the others with the county for locate in reference to circuit court jurisdiction let's look at
travel times and departments actually holding court Arkansas County as we said is a lot third largest county in state with your support being held instead or do we at St Charles and to let travel times are as follows Gillett sent to the State Board is forty one miles taking proxy fifty two minutes to lead to St Charles is twenty seven miles take an average of thirty one minutes Gillett descent to rescue the same process that board is thirty three point eight miles take in an average of forty three minutes there are
no direct routes to locations and all travel is over two lane highways to rule agricultural areas. Jackson County only holds court in Newport so no travel would be required. Marohn Woodruff County ho Court in Clarendon Holly Grove Brinkley Augusta and report. Travel times are as follows I guess to the record is eleven miles taking fifteen minutes Augusta to Brinkley thirty nine
miles taking forty nine minutes adjusted the clearness sixty seven miles taken our eighteen minutes ago said Holly Grove is sixty four miles take an hour twenty one minutes there are multiple routes that could be taken and no rivers to cross combining Arkansas Monroe counties would require even longer travel times and require the boss process in the White River meaning there are not multiple routes to get to locations as river crossings are fixed for example going to lead to Brinkley is seventy seven and
a half miles take an hour and thirty six minutes. Another way to look at geographical areas to examine the location of the counties in which in which the in in within our judicial circuit's Jackson County is in the third judicial circuit would mineral counties are in first judicial circuit in Arkansas county is in the eleventh judicial east. Representing judicial respect and usual beautiful circuits as important as age District Court assented to appeal in the judicial circuit which it sets crossing judicial circuit's
because different outcomes in the same the District Court depending on the county where the court is being hailed. Let me give you an example of an issue that I've had an attorney filed a motion to have his case moved the District Court this report a circuit court as a matter of write me the case wasn't to be made transferred if the motion is made the trip was made to transfer it will be granted an attorney filed a motion to have his case moved for District Court to circuit court as a matter of right and I root against the motion now The
attorney appealed my decision circuit court and let's say for argument's sake the District Court covers Arkansas Monroe County. The District Court denies attorney's motion both Arkansas county in Monroe County so a turning appeals the Monroe County decision to the first judicial circuit. And any pills Arkansas can decision to the eleventh judicial E. circuit at the circuit's rule differently on the motion District Court when conducting corner county would
do things differently they want conducting court in Arkansas county causing confusion and leaving the public to feeling they're not being treated fairly when they see different outcomes in the same court the same judge. First further restricting judicial circuit is important from the standpoint of administrative plans an administrative judges should a District Court cross judicial circuit's if the seventy two different match rate plans mean the authority of the court will be different than it is the authority the court has a one county would be different than the authority has another county
for example the authority to conduct uncontested divorces in that the first appearances in arrangements except. Having to administrative judges would also cause problems and having to submit to administrative plans and having to coordinate those plans. I would like also like to point out that there are five circuit judges in the first initial district. Seven six counties Phillips Lee Monroe would drift across in St Francis none of whom live in would recommend wrote back in
the presence of a district judge who lives in Monroe on Woodrow that will. Representa let R. A. went over with you Arkansas Code sixteen seventeen one thousand three was set at the three factors to be considered it also says any other matters deemed appropriate and I'd like to run you it is a boring you to the procuring in case of the geographical area and I would like to consider what it wanted this whole matter Arkansas county like the other counties under H. B. twelve
twenty five this rule in trying to find resources my court in Arkansas county as a special report and that is you need. Because we're not in Little Rock Fort Smith or Jones for or any other large city in state of Arkansas. Accounts and resources and other drug interdiction services are provided especially court takes a lot of work and commitment the city the way it has committed the resources to fund a probation officer my port and the help that will make a difference in my jurisdiction without drug problem.
The system cannot wait to the problem gets a felony level it needs to be addressed to the misdemeanor level before the problem gets worse we have partnered with the Arkansas rule health partnership to secure services for a rule port seeking to use peer support specialist at Vance drug testing drug detox centers long term counseling center. The Arkansas oral health partnership has secured a bureau of justice grant and using my core to develop a model that will be assessable to other rule courts ruled District Courts
need your support to fill the gap and make a difference in our communities case numbers alone will not reflect the work being done in this report especially when the District Court is taking on extra work that was destined for. I'll close with one final point when I was in college in my final semester I need a physical education course to graduate. So I decided to take a dancing course now the space my liberal arts education. A friend and I signed up for the course together and we knew if we partnered up we can make it
through the course maybe have a little fun. The only problem is that the instructor had a different idea when it came to selecting dance partners. The instructor took it upon herself to some partners I was not a sign my friend but someone with him I wasn't familiar. Well I think I can get along with just about anyone my partner had no interest in my in the course or my success in the course of parcelled up for class but we're not putting it to work into the pores she did just enough to get by.
Our final requires reform one of four possible dances to be selected by the instructor needless to say without preparation we didn't do so well as a result I received a beating a physical education course which affected my GPA which affected my class standing the point to stories a state police did not force a partnership on Arkansas County that is not a good match thank you for your time and consideration. And with that we'll be glad to take any questions. We have no one who has a best in
for questions so we'll move on to we have. Doug would who signed up to speak against the bill. You'll just push the button when it turns red you can then begin thank you.
Thank this mask off your song rate. Thank you madam chairman in the committee and all the representatives here today I certainly respect your time and try to be brief as possible I read I will literally wear two hats here today one on a as a member of the D. crap Board. Appointed by the Association counties and the other is the legislative chair for the county judge association.
It It let me stop you would you tell them your name I'm sorry I didn't get your name on the record Doug Irwin. E. R. W. I. N. the Lonoke County judgeship in the long county judge for ten years. So On behalf of the local county I We unanimously oppose this bill. A although it might solved Arkansas counties problem or
leased possibly relieve some burden to them. it creates more problems than it solves and that's our position on that. I think if you take Monreal County which these. This information has been discussed at length in the meetings. it puts it out there on an island and not only do you create a problem financially for the county state of.
Where some expense in these court costs so the October meeting was meeting that the the gentleman referred to earlier for it was passed there was only about four members that was actually attended zoom it was not a good representation of the deal. I believe that was five and it was like a three to two vote and on December fourth only met again. And there was only a couple
members that actually was for this bill. In with that I would like to a. Refer to a. judge David Stewart which is the chairman. Of the decree aboard if they have any questions. Are there any questions for judge went represented Collins judge or when are you ready to
take a question we are represented Collins you're recognized. Thank you madam chair Sir with both your hats you're opposed to this bill absolutely thank you. I see no other questions thank you Jim. Thank you committing here next on our list we have judge David Stewart. Judge Stuart if you come forward and into for yourself for the record.
Thank you madam chair my name's David Stuart I am the. Chairman of the D. crab Board and I'm here to provide the committee with any information I have and respond to any questions I'm not here to promote or. To talk a against it necessarily but. We have presented the letter of our decision and I think every member of the committee has a copy of it. We've done the work that.
Has been argued here so to speak already and our position is clear. Members I believe everyone has received that letter is there anyone who has not received that letter. Are there any questions of judge Stuart. As to the letter that you received or to the function or process of the D. Graham Ford. He's here for information purposes. Representing you're recognized
for a question thank you madam chair of judge Stewart when judge or one was up here a moment ago he was talking about some of the effects of this proposed legislation might have on some of the court and in particular he said that it would result in Monroe County being an island can you elaborate a little bit on what effect this legislation might have on some of the counties. Well it hypothetically if you took Monroe County out that district and and had Arkansas county is a standalone one county full time court.
A then you have to put a window County somewhere. Of the problem that you run into is that it has to be added to somebody contention to that county. And it creates problems because the existing districts surrounding it don't want to. Creates an additional and facet for them to be an integrated into their system increases our geographic area caseload and so forth.
If you put it with a safe room of would you for an. Jackson look at the geographic problems that you've got there so they're all kinds of contingent problems that it brings up and we felt that. The decryptor shall. That it created more problems than it solves and that the of the case load between the two counties Arkansas and Andrew. We're not unlike several other districts in the state. The geographic breakdown is
Not as great as some other districts that have only just one judge for instance Logan yell and Conway County and that's a that's a bigger geographic area with higher K. so. So you know we went through all of these ifs and buts and came up with the it just simply made very little sense in the grand scheme of things to make any changes. Thank you follow up with your you're recognized for a follow up and in thank you and I appreciate that there answer one
other question to just set to follow up on that one of the other things that that judge or one talked about was the increased cost to the counties that this legislation is adopted what costs are we talking about and and how much and what is it go towards under current legislation the county's absorb some cost for additional judges. A portion of so that the local jurisdictions have an impact financially and when you have to create another judgeship which would would you would have to do if you put Arkansas alone then
added under somewhere else. Of. Those are the financial costs that you add to it in addition to what it costs the state creek on the judge you. Thank your honor. Right I don't see what this represented Clowney you're recognized for a question thank you madam chair to be quick when judge Stuart but can you remind us what body created to grab the cardboard. It was the legislature thank you.
Yes they get that job to us. I see no other questions judge Stewart thank you for coming to present informational purposes for thank you we have no one else was signed up to speak for against the bill represented tallit you're recognized close for your bill. Thank you madam chair I just like to point out a couple things you know
When we say. Well we only have this meeting and there are only six members of the decree of board here and we made a decision. But. No big deal I think every decision that the decry board should be taken into consideration however when certain members disagree with that later on after a small. Quorum had made the decision that decision was overturned. There are not many more
geographical locations that are larger and dumping over five thousand cases onto already topped out eleven thousand case load of Arkansas county. Creates issues. This bill would solve those issues. Because there's gonna be cost no matter which way you go. And in reading through the minutes in talking to Democrats on attorneys what what I gathered was there was no real good decisions so we
just stuck on with. Arkansas County even though all the judges or the judges Monroe County in Arkansas county. Are of the same opinion Arkansas county being a standalone Monroe County judges want to go with Woodruff County it's buried out even in the own minutes of the deed crab Board you have been milled in your email you should
have gotten letters from my district from the city of deal with the town of el Morro the judges and Stargardt of the city of you that are in the city of Stargardt I mean like there there's plenty of support for this and to solve this issue and to take this recommendation and to be able to solve this issue is what house bill twelve twenty five we do and I would ask the the it you give it a shot and
and give us a good verdict thank you so much. Members represent all of his clothes furs Bill what's the wishes of the kind of the committee. Seeing no vocation the committee will take no action at this time members we will move on we have the agenda for Thursday March the fourth let me give you the bills that will be taking a look at will be House Bill thirteen twenty three House Bill fourteen
twenty four House Bill fourteen forty nine House Bill fifteen oh six in house bill thirteen twenty one. I know that's a good bit for Thursday but we've got a lot left owner gender so we'll try to get through rooming get you hello with that I appreciate your attention today we are adjourned.
Agenda
REGULAR AGENDA
DEFERRED BILLS
Documents
| Title | Type | Pages | Source |
|---|---|---|---|
| Agenda — JUDICIARY COMMITTEE- HOUSE, Mar 2, 2021 | Agenda | 2 | Official source ↗ |