Shown verbatim: the complete text as captured from the official PDF posted by the Arkansas General Assembly, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
Stricken language would be deleted from and underlined language would be added to present law.
1 State of Arkansas A Bill
2 95th General Assembly
3 Regular Session, 2025 HOUSE BILL 1618
4
5 By: Representative Hawk
6 By: Senator Crowell
7
8 For An Act To Be Entitled
9 AN ACT TO AMEND THE LAW CONCERNING THE ELECTION,
10 APPOINTMENT, AND CONTRACTING OF A MUNICIPAL ATTORNEY;
11 AND FOR OTHER PURPOSES.
12
13
14 Subtitle
15 TO AMEND THE LAW CONCERNING THE
16 ELECTION, APPOINTMENT, AND CONTRACTING
17 OF A MUNICIPAL ATTORNEY.
18
19 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
20
21 SECTION 1. Arkansas Code � 14-42-112(a), concerning municipal
22 attorneys for cities of the second class and incorporated towns, is amended
23 to read as follows:
24 (a)(1) All cities of the second class and incorporated towns within
25 the State of Arkansas may elect a municipal attorney at the time of the
26 election of other officers of these cities of the second class and
27 incorporated towns, if it is not established by ordinance that the office of
28 the city municipal attorney will be appointed.
29 (2) A city of the second class or an incorporated town that
30 chooses not to have an office of the municipal attorney may contract with an
31 attorney for representation.
32 (2)(A)(3)(A) All municipal attorneys An attorney elected or
33 appointed to the office of the municipal attorney or an attorney contracted
34 with under the provisions of this section shall be a regularly licensed
35 attorneys attorney of this state.
36 (B) When no attorney resides within the limits of the city
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1 or town or when no resident attorney has been elected as municipal attorney,
2 the mayor and city or town council may appoint any regularly licensed
3 attorney of this state to serve as the municipal attorney An attorney elected
4 or appointed under this section shall:
5 (i) Hold the office of the municipal attorney; and
6 (ii) Reside within the municipal boundaries of the
7 city of the second class or incorporated town.
8 (C) An attorney contracted for legal representation under
9 this section is not required to reside within the limits of the city of the
10 second class or incorporated town.
11
12 SECTION 2. Arkansas Code � 14-42-112(e), concerning municipal
13 attorneys for cities of the second class and incorporated towns, is amended
14 to read as follows:
15 (e) The term of office for an elected or appointed municipal attorney
16 shall be four (4) years.
17
18 SECTION 3. Arkansas Code � 14-42-112 is amended to add an additional
19 subsection to read as follows:
20 (f) This section does not limit the authority of cities of the second
21 class and incorporated towns from joining with other municipalities to
22 purchase the services of an attorney for representation as provided under �
23 14-54-101.
24
25 SECTION 4. Arkansas Code � 14-42-122 is repealed.
26 14-42-122. City attorney in mayor-council cities of fewer than 10,000.
27 (a)(1) If not established by ordinance that the office of the city
28 attorney will be appointed, the qualified voters of cities of the first class
29 having a population of fewer than ten thousand (10,000) and having the mayor-
30 council form of government shall elect a city attorney for four (4) years on
31 the Tuesday following the first Monday in November 2022 and every four (4)
32 years thereafter.
33 (2) An incumbent city attorney shall continue in office until
34 his or her successor is elected and qualified.
35 (b)(1) If no attorney residing in the city is elected as city
36 attorney, the city council may appoint a resident attorney to fill the office
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1 for the remainder of the unfilled term.
2 (2)(A) If no attorney of the city serves as city attorney by
3 election or appointment or if no attorney resides within the municipal
4 boundaries of the city, then upon a two-thirds vote the city council may
5 contract with any licensed attorney of this state or the licensed attorney's
6 law firm to serve as legal advisor, counselor, or prosecutor.
7 (B) The duties of an attorney under contract shall be
8 prescribed by ordinance.
9
10 SECTION 5. Arkansas Code � 14-43-319 is repealed.
11 14-43-319. City attorney in mayor-council cities of fewer than 5,000.
12 (a)(1) If not established by ordinance that the office of the city
13 attorney will be appointed, the qualified voters of cities of the first class
14 having a population of fewer than five thousand (5,000) and having the mayor-
15 council form of government shall elect a city attorney for four (4) years on
16 the Tuesday following the first Monday in November 2006 and every four (4)
17 years thereafter.
18 (2) An incumbent city attorney shall continue in office until
19 his or her successor is elected and qualified.
20 (b)(1) If no attorney residing in the city is elected as city
21 attorney, the city council may select a resident attorney to fill the office
22 for the remainder of the unfilled term.
23 (2)(A) If no resident attorney of the city is willing to serve
24 as city attorney or if no attorney resides within the limits of the city, the
25 mayor and city council may contract with any licensed attorney of this state
26 or the attorney's firm to serve as legal advisor, counselor, or prosecutor
27 until a qualified city attorney is elected or qualified.
28 (B) The duties of a nonresident attorney under contract
29 shall be prescribed by ordinance.
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3 02/27/2025 8:03:58 AM SSS161Every fact on this page links to its source, starting with the official bill record.