Ark. 9th W. Jud. Cir. Admin. Plan

IN THE CIRCUIT COURTS OF THE

NINTH-WEST JUDICIAL DISTRICT OF ARKANSAS

ADMINISTRATIVE PLAN

In accordance with Administrative Order Number 14, and after numerous meetings between the two

(2) Circuit Judges, our Administrative Plan for handling cases in the Ninth West Judicial District is

submitted as follows:

PREAMBLE

The Ninth-West Judicial District consists of four (4) counties: Howard, Little River, Pike and Sevier.

There are two (2) judges serving this district, Judge Tom Cooper, Division One (1), and Judge Bryan

L. Chesshir, Division Two (2).

ASSIGNMENTS

Each judge will hear all types of cases.

Cases shall be assigned by computerized method for random assignment.

The Clerk is to maintain a separate criminal, civil, domestic relations, probate and juvenile docket for

each of the respective divisions.

Each Clerk shall affix a stamp to the pleadings designating which judge has been assigned to the case

so the attorneys will know who to contact for a setting. In addition, the Clerks shall place the number

one (1) or two (2) at the end of every case number to designate Division One or Two. The only

exception to this procedure is where there are multiple criminal defendants with different file

numbers, wherein the judge that takes the first case will handle all subsequent files of co-defendants

regardless of the assignments. Likewise, similar type case or cases that have some relationship with

each other will be heard by the same judge. Any case that has been non-suited and refiled shall be

assigned to the same judge in the previous case.

PROCEDURE FOR HEARING CASES

Judge Cooper will set his criminal cases for jury trials in even numbered months and Judge

Chesshir will set his criminal cases in odd numbered months in order to allow the prosecuting

attorney to be present at all criminal jury trials. Civil jury trials are set by the presiding judge on

whatever days are available that will not conflict with any cases set by the other judge.

As a normal rule each judge will travel the circuit to all four (4) counties during one (1) week. The

other judge will travel the same route the next week. This allows a judge to be in each one of the

four (4) counties at least twice a month with the exception where there are scheduling problems due

to holidays, jury trials and continuing education classes.

Each time a jury trial is set the Trial Court Administrators shall contact each other to notify the other

judge of any setting so there will not be any conflicts concerning the use of the courtroom on the

same day.

On regular court dates either judge may hear uncontested matters regardless of the designation.

In juvenile matters, the juvenile intake officer has notices mailed for juveniles to appear on a regular

court date. If they should plead true, the judge for the first appearance will dispose of the matter. If

they plead not true then, the judge will set this matter according to the random designation.

CALENDAR

A calendar is printed each year around September setting forth the regular court dates for the

upcoming year where the judges will appear and hear all types of cases, including drug court,

divorces, probate, juvenile, criminal arraignments, pre-trials, criminal jury trials and non-jury

matters. The judges alternate each year letting one judge pick his court dates first and then the other

judge will select his dates. Judge Chesshir selects for odd numbered years and Judge Cooper selects

on even numbered years.

ENHANCED JURY LIST

After discussions with and approval from all the Clerks in the district, we decline the use of the

enhanced jury list pursuant to Arkansas Code Ann. 16-32-303(b).

CONTROL OF DOCKETS

The clerks shall also notify the Trial Court Administrators of any dispositive motions filed on cases

such as motion to dismiss, motion for summary judgments and criminal post-conviction motions to

assure these pleadings are dealt with in a timely fashion.

The Trial Court Administrators will utilize the Tableau Computer Program to review cases in each

county at least once every six (6) months to check all active files, except for Probate, which will be

checked once annually in order to resolve cases that need to be addressed pursuant to Rule 41. A

letter is then sent to the parties advising them of what action needs to be taken. The parties are

warned that if no action is taken within a reasonable period, then the case will be dismissed.

ADMINISTRATIVE JUDGE

Pursuant to Administrative Order Number 14, the Judges of the Ninth-West Judicial District agree to

alternate the position of Administrative Judge every two (2) years. Judge Cooper will serve as

Administrative Judge for 2021 and 2022, and then alternate with Judge Chesshir every two (2) years

thereafter.

SPECIALTY DOCKETS OR PROGRAMS

The only specialty docket for the Ninth-West Judicial District is Drug Court which has been in

operation since August of 2003. Court sessions are conducted in Howard County for Pike, Howard,

Little River and Sevier Counties. The program utilizes a pre-adjudication and post-adjudication

process and is open to defendants who have committed eligible offenses. The Drug Court team

consists of the Prosecuting Attorney, Department of Community Correction's Officer, Department of

Community Correction's Counselor, Public Defender, Law Enforcement Representative and Circuit

Judge Bryan L. Chesshir. However, Circuit Judge Tom Cooper may hear Drug Court cases at any

time. The Drug Court team meets monthly to consider those eligible for Adult Drug Court. The

program is established and conducted in conformance with statutory authority set forth in Arkansas

Code Annon. $ 16-98-301, et seq. The program conforms to all applicable sentencing laws including

fines, fees, court costs and probation supervision fees. This program is funded by the Department of

Community Correction and the collection of court fees.

The program is operated as follows: After arrest, eligible offenders are offered a choice between

Drug Court and other prosecution offers of plea on the pending charges. If the offender opts to

accept participation in Drug Court, the offender will enter a guilty plea to the charge(s). The case

will be deferred until successful completion of Drug Court and then dismissed. However, if the

offender commits enough violations to be expelled from Drug Court, their case will be transferred

back to Circuit Court Criminal Division upon a Petition to Revoke being filed.

While in Drug Court participants are required to follow the Probation Office rules and other specific

Drug Court related terms and conditions. The participants are under direct supervision of a Drug

Court counselor and probation officer. Supervision includes unannounced home visits and random

drug testing. Throughout their participation in Drug Court participants will continue to be

represented by counsel.

The participant’s length in the program is determined by their progress; however, the program cannot

be completed in less than eighteen (18) months.

Determination of eligibility for entry into the program is made by the Drug Court team, as outlined

above. The prosecuting attorney has the final approval for admission. The team meets monthly for

discussion of those participants appearing in Drug Court unless a meeting is needed to be called on

an emergency basis.

The program is a court-supervised comprehension treatment program for non-violent offenders. It is

voluntary and includes regular court appearances, supervision, treatment, drug testing,

individual/group counseling and substance abuse education.

The Ninth-West Judicial District provides that at the time of plea of guilty, the fines, court costs,

public defender fees and restitution are imposed and made a part of the Judgment. During the

participant’s tenure, they are further required to pay Drug Court and probation fees.

PROJECTION OF CASELOAD ESTIMATES

The Ninth-West Judicial District projection of estimated total caseload filings for 2024 are as

follows:

2024 Division #1 - 1347

Division #2 - 1340

APPROVAL

The Judges of the Ninth-West Judicial District hereby approve this administrative plan and submit it

to the Arkansas Supreme Court for its approval and if approved, effective January 1, 2026.

_______________________________ _______________________________

Tom Cooper, Circuit Judge Bryan L. Chesshir, Circuit Judge

Division One Division Two