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1 State of Arkansas A Bill
2 95th General Assembly
3 Regular Session, 2025 HOUSE BILL 1661
4
5 By: Representative Dalby
6 By: Senator A. Clark
7
8 For An Act To Be Entitled
9 AN ACT TO AMEND THE LAWS CONCERNING STATE DISTRICT
10 COURTS; TO ELIMINATE THE OBLIGATION OF CITIES AND
11 COUNTIES TO PAY THE SALARIES OF STATE DISTRICT COURT
12 JUDGES; TO AMEND THE LAWS CONCERNING DISTRICT COURT
13 CLERKS; AND FOR OTHER PURPOSES.
14
15
16 Subtitle
17 TO AMEND THE LAWS CONCERNING STATE
18 DISTRICT COURTS; TO ELIMINATE THE
19 OBLIGATION OF CITIES AND COUNTIES TO PAY
20 THE SALARIES OF STATE DISTRICT COURT
21 JUDGES; AND TO AMEND THE LAWS CONCERNING
22 DISTRICT COURT CLERKS.
23
24 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
25
26 SECTION 1. DO NOT CODIFY. Legislative findings and intent.
27 (a) The General Assembly finds that:
28 (1) Arkansas Constitution, Amendment 80 vested the judicial
29 power of the State of Arkansas in the judicial department;
30 (2) Arkansas Constitution, Amendment 94 vested the power to
31 determine the salaries of state officers, including district court judges,
32 with the independent citizens commission and the salaries are paid from the
33 Constitutional Officers Fund, Arkansas Code � 19-5-205;
34 (3) Arkansas Constitution, Amendment 94 and Arkansas Code � 19-
35 5-205 further established that district court judges are state-elected
36 officials under the Arkansas Constitution that render state judicial
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1 services;
2 (4) Arkansas Constitution, Amendment 94, Arkansas Code � 16-17-
3 1104, Acts 2007, No. 663, Acts 2009, No. 345, and Acts 2011, No. 1219 further
4 directed that the state district court judges have their salaries set by the
5 independent citizens commission to be paid out of the Constitutional Officers
6 Fund, Arkansas Code � 19-5-205;
7 (5) In Cotham v. Coffman, 111 Ark. 108 (1914), the Supreme Court
8 established that state funds should be used for state purposes;
9 (6) In Honorable v. Hyde, 2024 Ark. 114, the Supreme Court
10 established that state funds should be used for state purposes; and
11 (7) Over the past quarter of a century the state has
12 transitioned from hundreds of part-time local municipal court, city court,
13 and district court judges to, commencing January 1, 2025, seventy (70) full-
14 time state district court judges resulting from a consolidation of these
15 courts into a unified state system of district courts.
16 (b) The General Assembly intends this act to:
17 (1) Eliminate the obligation of cities and counties to pay for
18 the salaries of state district court judges in Arkansas; and
19 (2) Provide for the efficient administration of justice.
20
21 SECTION 2. Arkansas Code � 16-10-209(5)(F)(iii), concerning the
22 collection of installment payments, is repealed.
23 (iii) A municipal or county governing body that
24 adopted municipal or county legislation before July 1, 2012, to provide an
25 alternative method of installment payment allocation as then authorized by
26 state law shall remain in effect until repealed; and
27
28 SECTION 3. Arkansas Code � 16-10-307 is amended to read as follows:
29 (a) There is hereby created in each county a fund in the office of the
30 county treasurer to be known as the "county administration of justice fund".
31 (b) The county administration of justice fund shall be used to defray
32 a part of the expenses of the administration of justice in the county. From
33 the county administration of justice fund, the county shall continue to
34 finance the following county agencies and programs and district court costs
35 which are currently funded, in whole or in part, by filing fees and court
36 costs, at a funding level equal to not less than the greater of the amount
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1 which was collected by the county from filing fees and court costs for the
2 agency or program in the calendar year ending December 31, 1994, or the
3 amount appropriated by ordinance enacted prior to December 31, 1994, or on
4 February 13, 1995, or on February 14, 1995, or by resolution dated February
5 9, 1995, to the agency or program for the calendar year ending December 31,
6 1995:
7 (1) The prosecuting attorney fund, including all grant funds
8 awarded and appropriated for the calendar year ending December 31, 1995;
9 (2) The prosecuting attorney's victim-witness program fund;
10 (3) The public defender/indigent defense fund and public
11 defender investigator fund, including all grant funds awarded and
12 appropriated for the calendar year ending December 31, 1995;
13 (4) The county law library book fund;
14 (5) The county jail fund; and
15 (6) The intoxication detection equipment fund;
16 (7) Operating costs of the district court;
17 (8) Cost-sharing agreements related to the operation of the
18 district court; and
19 (9) Any other necessary costs associated with the administration
20 of justice in the county.
21 (c)(1)(A)(i) The For funds collected in circuit court matters, the
22 county administration of justice fund of each county may retain an amount
23 equal to the amount which was collected by the county from court costs and
24 filing fees for county administration of justice expense in the calendar year
25 ending December 31, 1994, or the amount appropriated from court costs and
26 filing fees by ordinance enacted prior to December 31, 1994, or on February
27 13, 1995, or on February 14, 1995, or by resolution dated February 9, 1995,
28 for county administration of justice expense from court costs and filing fees
29 for the calendar year ending December 31, 1995, plus, for calendar years 1995
30 -- 2001, an additional amount based upon the average percentage increase in
31 the Consumer Price Index for All Urban Consumers or its successor, as
32 published by the United States Department of Labor for the two (2) years
33 immediately preceding.
34 (ii) For funds collected in district court matters,
35 the county administration of justice fund may retain an amount equal to but
36 no more than fifty percent (50%) of uniform court costs and filing fees that
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1 are collected.
2 (B)(i) The amount retained during calendar years 2002,
3 2003, 2004, and 2005 shall be the amount retained during calendar year 2001.
4 (ii) Except as provided in subdivision
5 (c)(1)(B)(iii) of this section, for calendar years beginning 2014 and each
6 calendar year thereafter, an additional amount shall be added to the amount
7 to be retained based upon the lesser of the average percentage increase in
8 the Consumer Price Index for All Urban Consumers or its successor, as
9 published by the United States Department of Labor, for the two (2) years
10 immediately preceding or the percentage rate of increase in collections of
11 the State Administration of Justice Fund for the two (2) years immediately
12 preceding.
13 (iii) The provisions of subdivision (c)(1)(B)(ii) of
14 this section shall not be effective if the Chief Fiscal Officer of the State
15 determines that the additional amount retained under subdivision
16 (c)(1)(B)(ii) of this section has exceeded one million dollars ($1,000,000)
17 in a calendar year and any additional amount to be retained must be
18 authorized by the General Assembly.
19 (C) All local ordinances of the counties and cities
20 authorized and adopted under � 24-8-318 shall remain in full force and
21 effect.
22 (2) For the calendar year beginning January 1, 1998, the base
23 amount to be retained shall be:
24 (A) Increased by any increase in the Consumer Price Index
25 for All Urban Consumers as provided for in subdivision (c)(1) of this
26 section; and
27 (B) Decreased by eighty-five percent (85%) of the total
28 dollar amount which was certified by the county as having been collected
29 during calendar year 1994 and for the purpose of funding the office and
30 operation of the public defender and public defender investigator.
31 (d) Nothing in this section shall prevent the county from funding any
32 additional costs for the administration of justice from these or other county
33 funds.
34 (e) The county shall remit on or before the fifteenth day of each
35 month all sums received in circuit court matters in excess of the amounts
36 necessary to fund the expenses enumerated in subsections (b) and (c) of this
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1 section during the previous month from the uniform filing fees provided for
2 in �� 21-6-403 and 9-15-202, and the uniform court costs provided for in �
3 16-10-305 to the Administration of Justice Funds Section for deposit into the
4 State Administration of Justice Fund.
5 (f) The county shall remit on or before the fifteenth day of each
6 month fifty percent (50%) of the moneys collected in district court matters
7 during the previous month from the uniform filing fees provided for in �16-
8 17-705 and the uniform court costs provided for in � 16-10-305 to the
9 Administration of Justice Funds Section for deposit into the State
10 Administration of Justice Fund.
11
12 SECTION 4. Arkansas Code � 16-10-308 is amended to read as follows:
13 16-10-308. City administration of justice fund.
14 (a)(1) There is hereby created in each town or city which operates a
15 district court a fund in the office of the city treasurer to be known as the
16 "city administration of justice fund".
17 (2)(A) A town or city operating a city court that becomes a
18 department of district court shall continue to maintain the city
19 administration of justice fund as originally established by this section.
20 (B) The city administration of justice fund of any town or
21 city shall cease to exist on and after the effective date of the ordinance
22 that abolishes the department of district court for that town or city
23 pursuant to state law.
24 (b) The city administration of justice fund shall be used to defray a
25 part of the expense of the administration of justice in the town or city.
26 From the city administration of justice fund, the town or city shall continue
27 to finance the following town or city agencies and programs and district
28 court costs which are currently funded, in whole or in part, by filing fees
29 and court costs, at a funding level equal to not less than the greater of the
30 amount which was collected by the town or city from court costs and filing
31 fees for the agency or program in the calendar year ending December 31, 1994,
32 or the amount appropriated by ordinance enacted prior to December 31, 1994,
33 to the agency or program for the calendar year ending December 31, 1995:
34 (1) The municipal court judge and clerk retirement fund for
35 disbursement as otherwise provided by law;
36 (2) The police and fire pension fund;
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1 (3) The intoxication detection equipment fund;
2 (4) All municipal-level programs and agencies funded in whole or
3 in part by court costs and filing fees assessed and collected by the district
4 court, notwithstanding the repeal by this act of laws authorizing the
5 collection of court costs and filing fees; and
6 (5) All county-level programs and agencies funded in whole or in
7 part by court costs and filing fees assessed and collected by the district
8 court, notwithstanding the repeal by this act of laws authorizing the
9 collection of court costs and filing fees and the disbursement of all or a
10 part thereof to the county;
11 (6) Operating costs of the district court;
12 (7) Cost-sharing agreements related to the operation of the
13 district court; and
14 (8) Any other necessary costs associated with the administration
15 of justice in the city or town.
16 (c)(1)(A) The city administration of justice fund of each town or city
17 may retain an amount equal to the amount which was collected by the town or
18 city from court costs and filing fees for city administration of justice
19 expense in the calendar year ending December 31, 1994, or the amount
20 appropriated from court costs and filing fees by ordinance enacted prior to
21 December 31, 1994, for city or county administration of justice expense from
22 court costs and filing fees for the calendar year ending December 31, 1995,
23 plus, for calendar years 1995-2001, an additional amount based upon the
24 average percentage increase in the Consumer Price Index for All Urban
25 Consumers or its successor, as published by the United States Department of
26 Labor for the two (2) years immediately preceding but no more than fifty
27 percent (50%) of uniform court costs and filing fees that are collected.
28 (B)(i) The amount retained during calendar years 2002,
29 2003, 2004, and 2005 shall be the amount retained during calendar year 2001.
30 (ii) Except as provided in subdivision
31 (c)(1)(B)(iii) of this section, for calendar years beginning 2014 and each
32 calendar year thereafter, an additional amount shall be added to the amount
33 to be retained based upon the lesser of the average percentage increase in
34 the Consumer Price Index for All Urban Consumers or its successor, as
35 published by the United States Department of Labor, for the two (2) years
36 immediately preceding or the percentage rate of increase in collections of
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1 the State Administration of Justice Fund for the two (2) years immediately
2 preceding.
3 (iii) The provisions of subdivision (c)(1)(B)(ii) of
4 this section shall not be effective if the Chief Fiscal Officer of the State
5 determines that the additional amount retained under subdivision
6 (c)(1)(B)(ii) of this section has exceeded one million dollars ($1,000,000)
7 in a calendar year, and any additional amount to be retained must be
8 authorized by the General Assembly.
9 (C) All local ordinances of the counties and cities
10 authorized and adopted under � 24-8-318 shall remain in full force and
11 effect.
12 (2) For the calendar year beginning January 1, 1998, the base
13 amount to be retained shall be:
14 (A) Increased by any increase in the Consumer Price Index
15 for All Urban Consumers as provided for in subdivision (c)(1) of this
16 section; and
17 (B) Decreased by eighty-five percent (85%) of the total
18 dollar amount which was certified by the town or city as having been
19 collected during calendar year 1994 for the purpose of funding the office and
20 operation of the public defender and public defender investigator.
21 (d) Nothing in this act shall prevent the town or city from funding
22 any additional costs for the administration of justice from other town or
23 city funds.
24 (e) The town or city shall remit, on or before the fifteenth day of
25 each month, all sums received in excess of the amounts necessary to fund the
26 expenses enumerated in subsections (b) and (c) of this section fifty percent
27 (50%) of the moneys collected during the previous month from the uniform
28 filing fees provided for in �16-17-705 and the uniform court costs provided
29 for in � 16-10-305 to the Administration of Justice Funds Section for deposit
30 into the State Administration of Justice Fund.
31
32 SECTION 5. Arkansas Code � 16-10-602 is amended to read as follows:
33 16-10-602. Establishment of city and county shares.
34 (a) Pursuant to ��� 16-10-307(c) and 16-10-308(c), each town, city,
35 and a county may retain a portion of the uniform court costs and filing fees
36 collected and deposited into the city or county administration of justice
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1 fund.
2 (b) On or before the first day of October of each year, the Department
3 of Finance and Administration shall certify in writing to each county and to
4 each town or city which operates a district court the amount of money which
5 may be retained during each month of the following calendar year by the town,
6 city, or county.
7 (c) Each town, city, or county which operates a district court, may
8 retain a portion of the uniform court costs and filing fees collected in
9 district court matters and deposited into the city administration of justice
10 fund or county administration of justice fund.
11 (d) The amount of money which may be retained from district court
12 matters shall be fifty percent (50%) of the uniform court costs and filing
13 fees collected during each month by the town, city, or county.
14
15 SECTION 6. Arkansas Code � 16-10-603(b), concerning the procedure for
16 county administration of justice funds, is amended to read as follows:
17 (b) From the county administration of justice fund, the county
18 treasurer is to make, on a monthly basis, the following fund transfers or
19 disbursements:
20 (1)(A) Pursuant to � 16-10-307(c), the Department of Finance and
21 Administration will certify for each county the county's monthly share of
22 uniform court costs and filing fees to be retained by the county in circuit
23 court matters.
24 (B)(i) Each year the quorum court shall establish the
25 amount of uniform filing fees and court costs to be appropriated to each of
26 the county programs or agencies enumerated in � 16-10-307(b) from the
27 county's share of uniform court costs and filing fees.;
28 (ii) Each program or agency shall receive, as a
29 minimum, the amount established by � 16-10-307(b); and
30 (2) The excess of the monthly receipts of uniform filing fees
31 and court costs into the fund from subdivisions (a)(2)(A) and (B) of this
32 section, less the county's certified monthly share and the county treasurer's
33 commission, if any, as authorized by � 21-6-302, shall be remitted to the
34 Department of Finance and Administration, pursuant to � 16-10-307(e); and
35 (3) Fifty percent (50%) of the monthly receipts of uniform
36 filing fees and court costs into the fund from subdivisions (a)(2)(C) and (D)
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1 of this section, shall be remitted to the department pursuant to � 16-10-
2 307(e).
3
4 SECTION 7. Arkansas Code � 16-10-604(b)--(d), concerning the procedure
5 for city administration of justice funds, is amended to read as follows:
6 (b) From the city administration of justice fund, the following fund
7 transfers or disbursements shall be made on a monthly basis:
8 (1)(A) Pursuant to � 16-10-308(c), the Department of Finance and
9 Administration will certify for each town or city the town's or city's
10 monthly share of uniform court costs and filing fees to be retained by the
11 town or city Each town's or city's share shall be an amount equal to fifty
12 percent (50%) of the uniform court costs and filing fees collected during
13 each month by the town or city.
14 (B)(i) Each year the town or city council shall establish
15 the amount of uniform filing fees and court costs to be appropriated to each
16 of the town or city programs or agencies enumerated in � 16-10-308(b) from
17 the town's or city's share of uniform court costs and filing fees.
18 (ii) Each program or agency shall receive, as a
19 minimum, the amount established by � 16-10-308(b).
20 (C) Each program or agency shall be paid, by warrant or
21 fund transfer, a monthly installment of at least one-twelfth (1/12) of the
22 annual appropriation provided for each by the town or city council;
23 (2)(A) Pursuant to � 16-10-308(b)(5), the town or city shall
24 remit to the county treasurer for deposit into the county administration of
25 justice fund a portion of the town's or city's share of uniform court costs
26 and filing fees.
27 (B) The amount of the remittance shall be based upon the
28 amount, if any, of uniform court costs and filing fees which had been
29 remitted by the town or city to common agreement of the town or city and the
30 county and shall be used by the county to fund county-level programs and
31 agencies during the base year defined in � 16-10-308(b).; and
32 (C) By common agreement, towns, cities, and counties may
33 establish a different fixed dollar amount or percentage of the town's or
34 city's monthly share of filing fees and court costs which shall be remitted
35 to the county treasurer;
36 (3) For the calendar year beginning January 1, 1998, the amount
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1 of the remittance shall be based upon the amount, if any, of uniform court
2 costs and filing fees which had been remitted by the town or city to fund
3 county-level programs and agencies during the base year defined in � 16-10-
4 308(b), less eighty-five percent (85%) of the total dollar amount which was
5 certified by the town or city as having been collected during calendar year
6 1994 for the purpose of funding the office and operation of the public
7 defender and public defender investigator; and
8 (4) The excess of the monthly receipts into the fund, less the
9 town's or city's certified monthly share, Fifty percent (50%) of the uniform
10 court costs and filing fees collected during each month by the town or city
11 shall be remitted to the department Administration of Justice Fund Section in
12 the Department of Finance and Administration, pursuant to under � 16-10-
13 308(e).
14 (c)(1) If a district court is operated solely by a county rather than
15 a town or city and all of the uniform court costs and filing fees collected
16 by the court are remitted to the county, the town or city shall not be
17 required to create a city administration of justice fund.
18 (2) The town's or city's share of uniform court costs and filing
19 fees shall be remitted directly to the county treasurer for deposit into the
20 county administration of justice fund.
21 (d)(1)(A) For any district court which was created after January 1,
22 1994, such that the base year used to calculate the town's or city's share
23 pursuant to � 16-10-308 was not complete, the town or city share shall be
24 deemed to be fifty percent (50%) of the uniform court costs and filing fees
25 collected and remitted to the city administration of justice fund.
26 (B) District courts created pursuant to � 16-17-901 et
27 seq. shall not be considered for purposes of this section to have been
28 created after January 1, 1994, or to have a base year that is not complete if
29 the district court is merely a continuation of a district or city court that
30 was in existence on December 31, 2007, or December 31, 2011 .
31 (C) From the fifty-percent share described in subdivision
32 (d)(1)(A) of this section, the town or city shall disburse or transfer fifty
33 percent (50%) of the funds to the local programs or agencies pursuant to
34 subdivision (b)(1) of this section and fifty percent (50%) to the county
35 treasurer pursuant to subdivision (b)(2) of this section.
36 (2) The remaining fifty percent (50%) shall be remitted to the
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1 Department of Finance and Administration, pursuant to � 16-10-308(e).
2
3 SECTION 8. Arkansas Code � 16-13-704 is amended to read as follows:
4 16-13-704. Installment payments -- Definition.
5 (a)(1) If the court concludes that the defendant has the ability to
6 pay the fine, but that requiring the defendant to make immediate payment in
7 full would cause a severe and undue hardship for the defendant and the
8 defendant's dependents, the court may authorize payment of the fine by means
9 of installment payments in accordance with this subchapter.
10 (2)(A) When a court authorizes payment of a fine by means of
11 installment payments, it shall issue, without a separate disclosure hearing,
12 an order that the fine be paid in full by a date certain and that in default
13 of payment, the defendant must appear in court to explain the failure to pay.
14 (B) In fixing the date of payment, the court shall issue
15 an order which will complete payment of the fine as promptly as possible
16 without creating a severe and undue hardship for the defendant and the
17 defendant's dependents.
18 (3) When a person is authorized to pay a fine on an installment
19 basis, any court cost assessed under � 9-15-202(d) or � 16-10-305(h) shall be
20 collected from the initial installment payment first.
21 (b)(1)(A) In addition to the fine and any other assessments authorized
22 by this subchapter, an installment fee of five dollars ($5.00) per month
23 shall be assessed on each person who is authorized to pay a fine on an
24 installment basis.
25 (B) This fee shall be collected in full each month in
26 which a defendant makes an installment payment.
27 (C) This fee shall accrue each month that a defendant does
28 not make an installment payment and the fine has not been paid in full.
29 (2)(A)(i) One-half (�) of the installment fee collected in
30 circuit court shall be remitted by the tenth day of each month to the
31 Administration of Justice Funds Section of the Office of Administrative
32 Services of the Department of Finance and Administration, on a form provided
33 by that office the Office of Administrative Services, for deposit into the
34 Judicial Fine Collection Enhancement Fund established by � 16-13-712.
35 (ii) The other half of the installment fee shall be
36 remitted by the tenth day of each month to the county treasurer to be
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1 deposited into a fund entitled the "circuit court automation fund" to be used
2 solely for circuit court-related technology.
3 (B)(i) Expenditures from the circuit court automation fund
4 shall be approved by the administrative circuit judge of each judicial
5 circuit and shall be authorized and paid under the state laws governing the
6 appropriation and payment of county expenditures.
7 (ii) Expenditures may be made for indirect expenses
8 related to implementation of new court-related technology, including overtime
9 pay, personnel or travel expenses, and technology-related supplies.
10 (iii) Funds in each county in a judicial district may
11 be pooled for expenditure pursuant to a circuit-wide technology plan approved
12 by the administrative circuit judge.
13 (3)(A) One-half (�) of the installment fee collected in district
14 court shall be remitted by the tenth day of each month to the Administration
15 of Justice Funds Section, on a form provided by that section, for deposit
16 into the Judicial Fine Collection Enhancement Fund established by � 16-13-
17 712.
18 (B) The other half of the installment fee collected in
19 district court shall be remitted by the tenth day of each month to the city
20 treasurer of the city in which the district court is located to be deposited
21 into a fund entitled the "district court automation fund" to be used solely
22 for district court-related technology and court security-related
23 expenditures.
24 (C) In any district court which is funded solely by the
25 county, the other half of this fee shall be remitted by the tenth day of each
26 month to the county treasurer of the county in which the district court is
27 located to be deposited into the district court automation fund to be used
28 solely for district court-related technology and court security-related
29 expenditures.
30 (D)(i) Expenditures from the district court automation
31 fund shall be approved by a district judge and shall be authorized and paid
32 under state laws governing the appropriation and payment of county or
33 municipal expenditures by the governing body or, if applicable, governing
34 bodies, that contribute to the expenses of a district court.
35 (ii) Expenditures may be made for indirect expenses
36 related to implementation of new court-related technology, including overtime
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1 pay, personnel or travel expenses, and technology-related supplies.
2 (iii)(a) Expenditures may be made for indirect
3 expenses related to the hiring and training of court security officers,
4 including travel expenses related to the training of court security officers.
5 (b) Expenditures do not include salary,
6 benefits, or overtime pay for court security officers.
7 (E)(i) In circuit court only, an installment fee of an
8 additional five dollars ($5.00) per month shall also be assessed on the first
9 day of each month on each person who is ordered to pay a fine on an
10 installment basis with the additional five dollars ($5.00) to be remitted to
11 the collecting official to be used to defray the cost of fine collection.
12 (ii) In district court only, an installment fee of
13 an additional five dollars ($5.00) per month shall also be assessed on the
14 first day of each month on each person who is ordered to pay a fine on an
15 installment basis with the additional five dollars ($5.00) to be remitted by
16 the tenth day of each month to the Administration of Justice Funds Section on
17 a form provided by that section for deposit into the State Administration of
18 Justice Fund.
19 (c)(1) For cases filed on or after January 1, 2026, in district court
20 only, the fee authorized in subdivision (b)(1)(A) of this section shall be
21 five dollars ($5.00) and the fee authorized in subdivision (b)(3)(E)(ii)
22 of this section shall be two dollars and fifty cents ($2.50).
23 (2) The installment fees shall be assessed and collected until
24 the defendant has paid ninety dollars ($90.00) in installment fees or the
25 total assessment owed by the defendant has been paid, whichever occurs first.
26 (3) When the defendant has paid ninety dollars ($90.00) in
27 installment fees on his or her respective assessment, no more installment
28 fees shall be assessed or collected.
29 (4) If a defendant is ordered to pay a new fine, the ninety-
30 dollar installment fee cap shall not carry over or prevent a new assessment
31 of a monthly installment payment fee.
32 (5) If a defendant is making an installment payment in more than
33 one (1) department of a district court, the fees authorized in this
34 subsection shall be assessed and collected by each department.
35 (d) By September 1 of each year:
36 (1) The county treasurer shall submit electronically or in
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1 writing a report disclosing the balance of the circuit court automation fund
2 to the Administrative Office of the Courts, the Department of Finance and
3 Administration, the county judge of each county in the judicial circuit, and
4 each circuit judge of the judicial circuit;
5 (2) The city treasurer of the city in which a department of a
6 district court is located shall submit electronically or in writing a report
7 disclosing the balance of the district court automation fund to the
8 Administrative Office of the Courts, the Department of Finance and
9 Administration, the county judge of each county in the judicial district, the
10 mayor of each city contributing to the operating expenses of the department
11 of the district court, and each district judge of the judicial district; and
12 (3) The county treasurer shall submit electronically or in
13 writing a report disclosing the balance of the district court automation fund
14 to the Administrative Office of the Courts, the Department of Finance and
15 Administration, the county judge of each county in the judicial district, the
16 mayor of each city contributing to the operating expenses of the department
17 of the district court, and each district judge of the judicial district.
18 (c)(e) Any defendant who has been authorized by the court to pay a
19 fine by installments shall be considered to have irrevocably appointed the
20 clerk of the court as his or her agent upon whom all papers affecting his or
21 her liability may be served, and the clerk shall forthwith notify the
22 defendant thereof by ordinary mail at his or her last known address.
23 (d)(f) "Ability to pay" means that the resources of the defendant,
24 including all available income and resources, are sufficient to pay the fine
25 and provide the defendant and his or her dependents with a reasonable
26 subsistence compatible with health and decency.
27 (g) Unless extended or repealed, the authority to assess and collect
28 the installment fee authorized in subdivision (b)(1)(A) of this section for
29 cases filed in district court and the installment fee authorized in
30 subdivision (b)(3)(E)(ii) of this section shall expire on December 31, 2031.
31
32 SECTION 9. Arkansas Code � 16-17-121 is amended to read as follows:
33 16-17-121. Salary increases -- Factors to consider.
34 (a) In the event the General Assembly establishes a district court
35 cost fund to be used exclusively for the operation and expenses of the
36 district court, any district court judge's, clerk's, or other employee's
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1 salary authorized by � 16-17-108 may be increased from the minimum salary
2 upward to any amount not exceeding the maximum salary authorized in � 16-17-
3 108 and may be paid from the fund as set forth hereafter.
4 (b) The city council or the county quorum court, or both, if
5 authorized, of the local governmental jurisdictions responsible for paying
6 the salaries of the district court judge, clerks, and other employees may
7 authorize salary increases for the various court personnel as authorized
8 above after considering the following factors:
9 (1) The amount and availability of funds in the district court
10 cost fund;
11 (2) The volume of caseload;
12 (3) The backlog of cases, if any, on the court docket;
13 (4) The time required in dealing with cases; and
14 (5) The skill required in dealing with cases; and
15 (6) The amount of time taken away from the judge's private
16 practice, if applicable.
17
18 SECTION 10. Arkansas Code Title 16, Chapter 17, Subchapter 9, is
19 repealed.
20 16-17-901. Definitions.
21 As used in this subchapter, unless the context otherwise requires:
22 (1) "Department" means the physical location where sessions of
23 district court are held; and
24 (2) "Division" means the subject matter division of the district
25 court.
26
27 16-17-902. Counties having one district court.
28 (a) Each of the following counties shall have one (1) district court
29 and one (1) district judge:
30 (1) Howard;
31 (2) Montgomery;
32 (3) Perry;
33 (4) Polk;
34 (5) Randolph;
35 (6) Scott;
36 (7) Sevier; and
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1 (8) Stone.
2 (b) The district court shall be located in the county seat of each
3 county listed in subsection (a) of this section.
4 (c)(1) The judge of any district court located in a county with one
5 (1) district court shall be elected countywide.
6 (2) If there is only one (1) district court in a county, it
7 shall have countywide jurisdiction.
8
9 16-17-907. Clay County District Court.
10 (a)(1) Clay County shall have one (1) district court with three (3)
11 departments:
12 (A) One (1) located in Corning;
13 (B) One (1) located in Piggott; and
14 (C) One (1) located in Rector.
15 (2) All three (3) departments are to be served by one (1) judge.
16 (b) The Clay County District Court Judge shall be elected countywide.
17 (c) The Clay County District Court shall have countywide jurisdiction.
18
19 16-17-914. Lonoke County District Courts.
20 (a) Lonoke County, having two (2) judicial districts, shall have the
21 following district courts and judges:
22 (1)(A) The Northern District of Lonoke County shall have one (1)
23 district court, with three (3) departments:
24 (i) One (1) located in Cabot;
25 (ii) One (1) located in Ward; and
26 (iii) One (1) located in Austin.
27 (B) All three (3) departments are to be served by one (1)
28 district judge; and
29 (2)(A) The Southern District of Lonoke County shall have one (1)
30 district court with five (5) departments as follows:
31 (i) One (1) located in Lonoke;
32 (ii) One (1) located in England;
33 (iii) One (1) located in Carlisle;
34 (iv) One (1) located in Allport; and
35 (v) One (1) located in Humnoke.
36 (B) All five (5) departments are to be served by one (1)
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1 judge.
2 (b) The district court boundaries in Lonoke County shall be as
3 follows:
4 (1) The Northern District of Lonoke County shall consist of the
5 townships of Butler, Caroline, Cleveland, Eagle, Goodrum, Magness, Oak Grove,
6 Prairie, Totten, Ward, and York; and
7 (2) The Southern District of Lonoke County shall consist of the
8 townships of Carlisle, Crooked Creek, Dortch, Fletcher, Furlow, Gum Woods,
9 Gray, Hamilton, Indian Bayou, Isbell, Lafayette, Lonoke, Pettus, Richwoods,
10 Pulaski, Scott, Williams, and Walls.
11 (c) The judge of any district court in Lonoke County shall be elected
12 by the qualified electors of the judicial district in which the court is
13 located.
14 (d) The jurisdiction of each district court in Lonoke County shall be
15 limited to the judicial district in which the court is located.
16
17 16-17-916. Ouachita County District Courts.
18 (a) Ouachita County shall have the following district courts and
19 judges:
20 (1) Camden shall have:
21 (A) One (1) district court; and
22 (B) One (1) judge; and
23 (2)(A) East Camden shall have one (1) district court with four
24 (4) departments:
25 (i) One (1) located in Bearden;
26 (ii) One (1) located in Chidester;
27 (iii) One (1) located in East Camden; and
28 (iv) One (1) located in Stephens.
29 (B) All four (4) departments are to be served by one (1)
30 judge.
31 (b)(1) The judge of the Camden District Court shall be elected
32 countywide.
33 (2) The Camden District Court shall have countywide
34 jurisdiction.
35 (c)(1) The judge of the East Camden District Court shall be elected
36 countywide.
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1 (2) The East Camden District Court shall have countywide
2 jurisdiction.
3
4 16-17-922. Yell County District Courts.
5 (a)(1) Yell County, having two (2) judicial districts, shall have two
6 (2) district courts with one (1) department located in the Northern District.
7 (2) The two (2) judicial districts shall each have one (1) part-
8 time judge serviced by the one (1) department in the Northern District.
9 (b) The judge of each district court in Yell County shall have
10 jurisdiction within each respective Northern and Southern District.
11 (c) The judge shall be elected within each respective district.
12
13 16-17-925. Sharp County District Court.
14 (a)(1) Sharp County shall have one (1) district court with two (2)
15 departments:
16 (A) One (1) located in Ash Flat; and
17 (B) One (1) located in Cherokee Village.
18 (2) Both departments are to be served by (1) judge.
19 (b) The Sharp County District Court Judge shall be elected countywide.
20 (c) The Sharp County District Court shall have countywide
21 jurisdiction.
22
23 16-17-926. Woodruff County District Court.
24 (a)(1) Woodruff County shall have one (1) district court with four (4)
25 departments:
26 (A) One (1) located in Augusta;
27 (B) One (1) located in Cotton Plant;
28 (C) One (1) located in McCrory; and
29 (D) One (1) located in Patterson.
30 (2) All four (4) departments are to be served by one (1) judge.
31 (b) The Woodruff County District Court Judge shall be elected
32 countywide.
33 (c) The Woodruff County District Court shall have countywide
34 jurisdiction.
35
36 16-17-928. Lawrence County District Court.
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1 (a)(1) Lawrence County shall have one (1) district court with four (4)
2 departments:
3 (A) One (1) located in Walnut Ridge;
4 (B) One (1) located in Hoxie;
5 (C) One (1) located in Black Rock; and
6 (D) One (1) located in Portia.
7 (2) All four (4) departments are to be served by one (1) judge.
8 (b) The Lawrence County District Court Judge shall be elected
9 countywide.
10 (c) The Lawrence County District Court shall have countywide
11 jurisdiction.
12
13 16-17-933. Franklin County District Courts.
14 (a) Franklin County, having two (2) judicial districts, shall have the
15 following district courts and judges:
16 (1) The Charleston District shall have:
17 (A) One (1) district court located in Charleston; and
18 (B) One (1) district judge; and
19 (2)(A) The Ozark District shall have one (1) district court with
20 two (2) departments:
21 (i) One (1) located in Ozark; and
22 (ii) One (1) located in Altus.
23 (B) Both departments are to be served by one (1) district
24 judge.
25 (b) The judge of any district court located in Franklin County shall
26 be elected by the electors of the judicial district in which the court is
27 located.
28 (c) In Franklin County, the jurisdiction of the district court shall
29 be limited to the judicial district in which the court is located.
30
31 16-17-935. Logan County District Courts.
32 (a) Logan County, having two (2) judicial districts, shall have the
33 following district courts and judges:
34 (1) The Northern District shall have:
35 (A) One (1) district court located in Paris; and
36 (B) One (1) district judge; and
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1 (2)(A) The Southern District shall have one (1) district court
2 with two (2) departments:
3 (i) One (1) located in Booneville; and
4 (ii) One (1) located in Magazine.
5 (B) Both departments are to be served by one (1) district
6 judge.
7 (b) The judge of any district court located in Logan County shall be
8 elected by the electors of the judicial district in which the court is
9 located.
10 (c) In Logan County, the jurisdiction of the district court shall be
11 limited to the judicial district in which the court is located.
12
13 16-17-938. Columbia County District Court.
14 (a)(1) Columbia County shall have one (1) district court with two (2)
15 departments:
16 (A) One (1) located in Magnolia; and
17 (B) One (1) located in Waldo.
18 (2) Both departments are to be served by one (1) judge.
19 (b) The Columbia County District Court Judge shall be elected
20 countywide.
21 (c) The Columbia County District Court shall have countywide
22 jurisdiction.
23
24 16-17-939. Conway County District Court.
25 (a)(1) Conway County shall have one (1) district court with four (4)
26 departments:
27 (A) One (1) located in Morrilton;
28 (B) One (1) located in Menifee;
29 (C) One (1) located in Oppelo; and
30 (D) One (1) located in Plumerville.
31 (2) All four (4) departments are to be served by one (1) judge.
32 (b) The Conway County District Court Judge shall be elected
33 countywide.
34 (c) The Conway County District Court shall have countywide
35 jurisdiction.
36
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1 16-17-941. Cross County District Court.
2 (a)(1) Cross County shall have one (1) district court with three (3)
3 departments:
4 (A) One (1) located in Wynne;
5 (B) One (1) located in Cherry Valley; and
6 (C) One (1) located in Parkin.
7 (2) All three (3) departments are to be served by one (1) judge.
8 (b) The Cross County District Court Judge shall be elected countywide.
9 (c) The Cross County District Court shall have countywide
10 jurisdiction.
11
12 16-17-944. Fulton County District Court.
13 (a)(1) Fulton County shall have one (1) district court with two (2)
14 departments:
15 (A) One (1) located in Salem; and
16 (B) One (1) located in Mammoth Spring.
17 (2) Both departments are to be served by one (1) judge.
18 (b) The Fulton County District Court Judge shall be elected
19 countywide.
20 (c) The Fulton County District Court shall have countywide
21 jurisdiction.
22
23 16-17-946. Izard County District Court.
24 (a)(1) Izard County shall have one (1) district court with two (2)
25 departments:
26 (A) One (1) located in Melbourne; and
27 (B) One (1) located in Horseshoe Bend.
28 (2) Both departments are to be served by one (1) judge.
29 (b) The Izard County District Court Judge shall be elected countywide.
30 (c) The Izard County District Court shall have countywide
31 jurisdiction.
32
33 16-17-947. Jackson County District Court.
34 (a)(1) Jackson County shall have one (1) district court with four (4)
35 departments:
36 (A) One (1) located in Newport;
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1 (B) One (1) located in Diaz;
2 (C) One (1) located in Swifton; and
3 (D) One (1) located in Tuckerman.
4 (2) All four (4) departments are to be served by one (1) judge.
5 (b) The Jackson County District Court Judge shall be elected
6 countywide.
7 (c) The Jackson County District Court shall have countywide
8 jurisdiction.
9
10 16-17-948. Johnson County District Court.
11 (a)(1) Johnson County shall have one (1) district court with three (3)
12 departments:
13 (A) One (1) located in Clarksville;
14 (B) One (1) located in Lamar; and
15 (C) One (1) located in Coal Hill.
16 (2) All three (3) departments are to be served by one (1) judge.
17 (b) The Johnson County District Court Judge shall be elected
18 countywide.
19 (c) The Johnson County District Court shall have countywide
20 jurisdiction.
21
22 16-17-951. Little River County District Court.
23 (a)(1) Little River County shall have one (1) district court with
24 three (3) departments:
25 (A) One (1) located in Ashdown;
26 (B) One (1) located in Foreman; and
27 (C) One (1) located in Winthrop.
28 (2) All departments are to be served by one (1) judge.
29 (b) The Little River County District Court Judge shall be elected
30 countywide.
31 (c) The Little River County District Court shall have countywide
32 jurisdiction.
33
34 16-17-953. Pike County District Court.
35 (a)(1) Pike County shall have one (1) district court with two (2)
36 departments:
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1 (A) One (1) located in Murfreesboro; and
2 (B) One (1) located in Glenwood.
3 (2) Both departments are to be served by one (1) judge.
4 (b) The Pike County District Court Judge shall be elected countywide.
5 (c) The Pike County District Court shall have countywide jurisdiction.
6
7 SECTION 11. Arkansas Code � 16-17-1104 is amended to read as follows:
8 16-17-1104. State district court judges -- Salaries.
9 (a) The judges who are appointed or elected to serve the courts
10 created under this subchapter are state district court judges.
11 (b) The state shall pay the salary and benefits of a state district
12 court judge.
13 (c) The salaries of the state district court judges are uniform and
14 shall be paid with moneys appropriated from the Constitutional Officers Fund,
15 � 19-5-205, by the General Assembly.
16
17 SECTION 12. Arkansas Code �� 16-17-1106 and 16-17-1107 are repealed.
18 16-17-1106. Salary of state district court judges -- Cost-sharing.
19 (a) The state shall pay the salary and benefits of state district
20 court judges created under this subchapter.
21 (b)(1)(A) Each county and town or city in a district in which a state
22 district court judgeship is created under this subchapter shall pay to the
23 state an amount equal to its proportionate share of one-half (�) of the base
24 salary established by law for state fiscal year 2009 for that district's
25 state district court judge.
26 (B)(i) The proportionate share is calculated as follows:
27 (a) Determine the sum total of the base salary
28 paid by each county and town or city in a district to that county and town or
29 city's district court judge or city court judge for the calendar year
30 immediately preceding the creation of the state district court judgeship; and
31 (b) Determine the proportion of the base
32 salary of each county and town or city to the sum total base salary of the
33 district.
34 (ii) Each county and town or city shall pay to the
35 state its proportionate share as determined in subdivision (b)(1)(B)(i)(a) of
36 this section of one-half (�) of the base salary established by law for state
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1 fiscal year 2009 for each state district court judge in the district at the
2 time the county and town or city had a state district court judgeship
3 created.
4 (C) On a form provided by the Administration of Justice
5 Funds Section, each county and town or city in a district shall certify
6 annually on or before October 31 the amount to be paid to the state for its
7 share of one-half (�) of the salary as determined in this section for that
8 district's state district court judge.
9 (2)(A) This section does not prohibit a county and town or city
10 in a district in which a state district court judgeship is created under this
11 subchapter from agreeing in writing on the amount to be paid to the state by
12 the county and the town or city for its proportionate share of one-half (�)
13 of the salary as determined in this section for that district's state
14 district court judge.
15 (B) If a written agreement is reached under subdivision
16 (b)(2)(A) of this section, the county and town or city shall submit on or
17 before October 31 a copy of that written agreement to the Administration of
18 Justice Funds Section.
19 (c) The amount of the state district court judge's salary initially
20 paid by the county and the town or city in a district and annually afterwards
21 shall be the amount determined under subsection (b) of this section.
22 (d)(1) Beginning with its annual meeting of 2011, the quorum court in
23 each county in a district in which a state district court judgeship is
24 created under this subchapter and the council in each town or city in a
25 district in which a state district court judgeship is created under this
26 subchapter shall appropriate annually from its general revenues an amount
27 sufficient to pay its share of the state district court judgeship salary
28 allocated to it under subsection (b) of this section.
29 (2) The duty under subdivision (d)(1) of this section may be
30 enforced in a court of competent jurisdiction.
31 (e) On or before December 15, 2011, and annually afterwards, the
32 Administration of Justice Funds Section shall certify to the county and the
33 town or city in each district the amount of its share of one-half (�) of the
34 base salary established under subsection (b) of this section.
35 (f) On or before January 15, 2012, and annually afterwards, the county
36 and the town or city shall remit to the Administration of Justice Funds
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1 Section for deposit into the Constitutional Officers Fund the sum necessary
2 to fund its share of the base salary allocated to it under subsection (e) of
3 this section.
4
5 16-17-1107. Salary of judges serving city or county.
6 This subchapter shall not in any way limit the power and authority of
7 local district courts currently existing. Except for the state district court
8 judgeships created under this subchapter, a judge serving in another full-
9 time or part-time local district court position shall continue to be an
10 employee of the cities or counties, or both, that he or she serves and shall
11 be paid according to state law.
12
13 SECTION 13. Arkansas Code � 21-6-416(b) and (c), concerning the court
14 technology fee, are amended to read as follows:
15 (b) The court technology fee is as follows:
16 (1) For all civil actions and misdemeanors filed in either the
17 Supreme Court or the Court of Appeals............. $15.00
18 (2) For initiating a cause of action in the civil, domestic
19 relations, or probate division of circuit court, including
20 appeals............. 15.00
21 (3) For initiating a cause of action in the civil or small
22 claims division of district court............. 15.00
23 (4) For all criminal and traffic cases, from each defendant upon
24 each conviction, each plea of guilty or nolo contendere, or each bond
25 forfeiture............. 15.00.
26 (c)(1) The fee provided under subdivision (b)(1) of this section
27 collected in the Supreme Court or the Court of Appeals shall be remitted by
28 the Clerk of the Supreme Court on or before the fifteenth day of each month
29 to the Administration of Justice Funds Section on a form provided by the
30 Office of Administrative Services for deposit into the Judicial Fine
31 Collection Enhancement Fund established by � 16-13-712.
32 (2) The fee provided under subdivisions (b)(2) and (3) (b)(2)--
33 (4) of this section collected in circuit court or district court shall be
34 remitted by the county or city official, agency, or department designated
35 under � 16-13-709 as primarily responsible for the collection of fines
36 assessed in circuit court or district court on or before the fifteenth day of
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1 each month to the section, on a form provided by the office, for deposit into
2 the Judicial Fine Collection Enhancement Fund established by � 16-13-712.
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26 03/03/2025 3:06:51 PM CEB067Every fact on this page links to its source, starting with the official bill record.