Ark. 20th Jud. Cir. Admin. Plan (introduction)

ADMNISTRATIVE PLAN

For the Twentieth Judicial Circuit

The Circuit Judges in and for the Twentieth Judicial Circuit of the State of Arkansas, pursuant to

Administrative Order No. 14 issued by the Arkansas Supreme Court on April 16,2001,

proposes the following plan for allocation of caseload within this Circuit.

ADMINISTRATIVE POLICY

The Judges of the Twentieth Judicial Circuit shall meet periodically (no less than quarterly)

and shall consider case management, administrative procedures, forms, calendarr, Ary

"t". of

modification of this plan shall be by written agreement signed by a majority of the judges

this circuit to be submitted to the Arkansas Supreme Court for approval. The Trial-Court

Assistants of each division shall meet as necessary to coordinate the use of courtrooms. Each

yeat a calendar shall be printed and published indicating courtroom assignments.

CASE ASSIGNMENT AND ALLOCATION

The Judges of the circuit have arrived at the following case assignment and allocation plan

after considering the individual training and experience of each judge, the caseload and

frequency of hearings in all the counties ofthe circuit, mandated time requirements, courtroom

facilities and the availability ofjurors:

RANDOM ASSIGNMENT

The Clerk of the Court shall assign newly filed cases at random, using their software in the

following proportions:

X'irst Division - Judse Susan Weaver

. X'aulkner County

70o/o of all Civil cases

Yan Buren County

99.99% of all Civil cases

100% of all Adult Protective Services cases

l00oh of all Dependent/Neglect cases

Searcy County

99.99% of all Civil cases

l00oA of all Adult Protective Services cases

100% of all DependentA.[eglect cases

Second Division - Judge Trov Braswell. Jr.

. Faulkner County

100% of all Juvenile Delinquency cases

100% of all Extended Juvenile Jurisdiction cases

100% of all Juvenile FINS/Truancy cases

100% ofJuvenile Drug Coufi cases

100% of all Criminal cases involving juveniles charged as adults and their Co-Defendants

100% of Dependency Neglect cases where the juvenile is already under the jurisdiction of

2"d Division and 2"d Division believe it necessary for judicial economy and interest of the

parties

50o/o of all Criminal cases, except those cases filed alleging a violation of any offense

found in A.C.A. 5-26-301 et seq. which shall be filed in Fifth Division as provided herein.

This shall include co-defendants, and any revocations associated with the defendant.

Civil Forfeitures to run with companion criminal cases

25oh of all Civil Commitments

3333% of all Unlawful Detainers

. Van Buren County

100% of all Juvenile Delinquency cases

100% of all Extended Juvenile.Iurisdiction cases

100% of all Family in Needs of Services cases

100% of all Juvenile FINS/Truancy cases

100% of all Criminal cases involving juveniles charged as adults and their Co- Defendants

Civil Forfeitures to run with companion criminal cases

100% of all Juvenile Drug Couft cases

. Searcy County

100% of all Juvenile Delinquency cases

100% of all Extended Juvenile Jurisdiction cases

100% of all Family in Needs of Services cases

100% of all Juvenile FINS/Truansy cases

100% of all Juvenile Drug Couft cases

100% of all Criminal cases involving juveniles charged as adults and their Co-Defendants

Civil Forfeitures to run with companion criminal cases

Third Division - Judee Charles E. Clawson" III

. Faulkner County

30%o of all Criminal cases, except those cases filed alleging a violation of any offense

found inA.C.A. 5-26-301 et seq. whichshall be filed in Fifth Division as provided herein.

This shall include co-defendants, and any revocations associated with the defendant.

Civil Forfeitures to run with companion criminal cases

20Yo of all Probate Cases

25% of all Civil Commitments

100% of all Adult Drug Court cases

30Yo of all Civil cases

100% ofVeterans Court

33.33% of all Unlawful Detainers

Van Buren County

50Yo of allDomestic cases

50Yo of all Probate cases

l00o/o of all U. nlawful Detainers

Searcy County

40o/o of allDomestic cases

50o/o of all Probate cases

100% of all Unlawful Detainers

Fourth flivision - .fudge fravid M. Clark

. X'aulkner County

85oh of all Domestic cases

100% of all Child Support Enforcement cases

100% of all DependentArleglect cases

80% of all Probate cases

25Yo of Civil Commitments

100% of all Adult Protective Services cases

All Domestic Relations cases where custody is an issue, and the child/children are

aheady under the jurisdiction of 4th Division

FINS and Juvenile Delinquency cases where the family is already under the

jurisdiction of 4th Division and 4tt Division believes it necessary for judicial economy

and the interests of the parties

. Van Buren County

50o/o of all Domestic cases

50o/o of all Probate cases

100% of all Child Support Enforcement cases

. Searcy County

600/o of all Domestic cases

50oh of all Probate cases

100% of all Child Support Enforcement cases

. Faulkner County

20o/o of all Criminal cases as well as 100%o of all Criminal Cases which allege violation

of 5-26-301 et seq. Such shall include any co-defendants and any probation

revocations filed following the entry of a judgment in such cases subsequent to the

effective date of modification.

Civil Forfeitures to run with companion criminal cases

100% of all petitions seeking permanent Orders of Protection, including all Domestic

Relations cases involving parties who have pending or permanent Orders of Protection

(issued in the 20tl'Judicial Circuit)

15oh of all Domestic Relations cases

25%o of Civil Commitments

33.33%o of all Unlawful Detainers

. Van Buren County

100% of all petitions seeking permanent Orders of Protection, including all Domestic

Relations cases involving parties who have pending or permanent Orders of Protection

(issued in the 20tr'Judicial Circuit)

100% of all Criminal cases

Civil Forfeitures that run with companion criminal cases

100% of all Civil Commitments

0.01% of all Civil Cases

. Searcy County

100% of all petitions seeking perrnanent Orders of Protection, including all Domestic

Relations cases involving parties who have pending or permanent Orders of Protection

(issued in the 20tl'Judicial Circuit)

100% of all Criminal cases

civil Forfeitures that run with companion criminal cases

100% of all Civil Commitments

0.01% of all Civil cases

CASELOAD ESTIMATE

1't Division 7,820

2"d Division 1,555

3.d Division 7,671

4th Division 1,846

5tl'Division 1,565

SUPPLEMENT AL AND EMERGENCY PROCEEDINGS

It is preferable for the judge assigned to a case to handle all proceedings pertaining to that

case. with the courts being mindful of the following provisions:

a, Uncontested Matters: The judges of each division shall preside over uncontested

matters when presented.

b. Emergency and Ex Parte Orders: Emergency and Ex Parte Orders shall be presented

to and heard by the judge assigned unless that judge is unavailable.

c. Probation Revocation: Probation Revocations shall be assigned to the division that

sentenced the Defendant, unless prohibited by time limitation, or that division is no longer

hearing those cases.

d. Reopening of Cases: Cases that are reopened shall be assigned to the judge who

originally presided over the matter. In the event the original judge is no longer serving as a

judge, or the original judge is no longer assigned cases of that nature then the case shall be

randomly re-assigned pursuant to the current docket agreement.

e. Exchange: All Judges may sit on exchange when necessary for judicial economy.

f. Assignment of Cases: Assignment according to the plan does not negate the authority

of each judge to hear all types of cases when appropriate.

g. Civil Commitments: Given the unique issues these cases pose as it relates to scheduling,

the judges who hear these matters in Faulkner County hereby agree to develop a plan by which a

specific judge will always be available to hear these matters regardless of which division the case

may be assigned to. Furthennore, all judges agree to help in the handling of these matters, if

practical, in Van Buren and Searcy Counties if they are available and 5th Division Circuit Court is

unable to be present to hear the matter in a timely fashion.

h'. PIea and arraignments: Given the difficulty in advising criminal defendants who are

able to be release on bond before their plea and arraignment date, as to which division their

case is assigned to, the judges of the circuit shall develop a plan to cover plea and

arraignments in such a way that criminal defendants will be given a datelo appeaL and the

matter will be handled by whichever judge is available on that date.

The undersigned submitted this Plan based upon the directives of Administrative Order No.

L4 after taking into consideration the interest of the judges involved and seeking an equitable

and agreeable division of the caseload.

i. Civil Cases in Searcy and Van Buren Counties: To facilitate the best use of available

judicial and support resources within thecircuit,itwasdetermined and agreedbyalljudges that

only one judge should handle all civil cases in both Searcy and Van Buren County. -

However, all judges acknowledge that there will be instances in which the assigned civil

judge will be required to recuse. This would result in the random reassignment of the case

and

could possibly result in all five (5) circuit court judges having civil matters in these counties

which would be extremely taxing to the resources in the circuit. Therefore, all judges of the

circuit hereby agree that one additional judge should be assigned a minimal civil load in order

that alL recusal cases will remain wittr one judge, thereby easing any stress on the judicial

res0urces in those counties that are necessary to conduct potential jury trials. Given that Fifth

Division Circuit Court is currently assigned 100% of the criminal cases in those counties, it is

best to assign this minimal number of civil cases to that division given that division will already

be calendaring time for jury trials that could be needed for civil cases.

j. Unlawful Detainer Cases: The plan dealing with the assignment of circuit cases that

district court judges may preside over includes unlawful detainers. The various district court

judges shall develop a plan to ensure the district court dockets have set dates to be hear these

matters in a timely manner in the courtroom in which they normally preside. Although the

district court judges shall preside over these matters, it shall remain the responsibility of the

office of the assigned circuit court judge to whom the matter is assigned to arrange for the

matter to be docketed.

k. Orders of Protection: The plan dealing with the assignment of circuit cases that district

court judges may preside over includes orders of protection. Currently, there is not a transfer

of these cases to the district courts. This portion of the plan shall only be utilized on an as

needed basis.

SUI]MI'f'fED 'fLIIS a,v

"r

d1tjr1 .202s.

'fhe undersigned ac that they have participatecl in tlie preparation of this

Administrati a\\jare ol' its provisions:

SUSAN ER- 1 DIVISIOIN

2ND DIVISTON

,III _ 3RD DIVTSION

DIVISION

R - 5TH DIV

DRUG COT]RT PLAN