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Topic: Arkansas Supreme Court

	Epperson v. Arkansas
		She instituted the present action in the Chancery Court of the State, seeking a declaration that the Arkansas statute is void and enjoining the State and the defendant officials of the Little Rock school system from dismissing her for violation of the statute's provisions.
		Arkansas did not seek to excise from the curricula of its schools and universities all discussion of the origin of man. The law's effort was confined to an attempt to blot out a particular theory because of its supposed conflict with the Biblical account, literally read.
		The judgment of the Supreme Court of Arkansas is
	www.talkorigins.org /faqs/epperson-v-arkansas.html (5323 words)

	Arkansas Judiciary - Arkansas Supreme Court
		The judges of the Supreme Court shall be elected by the qualified electors of the State and shall hold their offices during the term of eight years from the date of their commissions.
		The seven Arkansas Supreme Court judges are elected in state-wide non-partisan races, and serve staggered terms, such that it is unlikely all members of the court would be replaced in one election.
		In the event a member of the court fails to serve his entire term of office, the vacancy shall be filled by appointment by the Governor of Arkansas.
	courts.state.ar.us /courts/sc.html (613 words)

	Arkansas Judiciary - Arkansas Supreme Court
		The judges of the Supreme Court shall be elected by the qualified electors of the State and shall hold their offices during the term of eight years from the date of their commissions.
		The seven Arkansas Supreme Court judges are elected in state-wide non-partisan races, and serve staggered terms, such that it is unlikely all members of the court would be replaced in one election.
		In the event a member of the court fails to serve his entire term of office, the vacancy shall be filled by appointment by the Governor of Arkansas.
	www.courts.state.ar.us /courts/sc.html (618 words)

	Epperson v. Arkansas (1968)
		The Arkansas law makes it unlawful for a teacher in any state-supported school or university "to teach the [99] theory or doctrine that mankind ascended or descended from a lower order of animals," or "to adopt or use in any such institution a textbook that teaches" this theory.
		With all respect, that court's handling of the [115] case savors of a studied effort to avoid coming to grips with this anachronistic statute and to "pass the buck" to this Court.
		Arkansas' law was adopted by popular initiative in 1928, three years after Tennessee's law was enacted and one year after the Tennessee Supreme Court's decision in the Scopes case, supra.
	www.bc.edu /bc_org/avp/cas/comm/free_speech/epperson.html (5221 words)

	CNN.com - Arkansas court to oversee school reform - Jan. 23, 2004
		In the most significant legislation passed to date, the Arkansas House on Friday approved a bill to consolidate the administrations of 59 small school districts.
		The court did not say when it would appoint a special master, or how long the master would have to analyze the school system.
		The court case stems from a lawsuit filed in 1992 by the Lake View School District, but the state's education system also was declared unconstitutional in 1983.
	www.cnn.com /2004/EDUCATION/01/23/arkansas.schools.ap/index.html (402 words)

	FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code (Site not responding. Last check: 2007-10-30)
		This court views the evidence in the light most favorable to the party against whom the motion was filed, resolving all doubts and inferences against the moving party.
		This court has repeatedly held that in cases involving redemption of tax-delinquent lands strict compliance with the requirement of notice of the tax sales themselves is required before an owner can be deprived of his or her property.
		In that case, the court of appeals held that the Commissioner complied with the notice requirement when it mailed a second notice to the taxpayer's correct address, despite the fact that the notice was returned unclaimed.
	caselaw.lp.findlaw.com /scripts/getcase.pl?court=ar&vol=supreme/2004b/20041118/04-449&invol=2 (3231 words)

	Hannah bests Koonce in race for Arkansas Supreme Court
		Court of Appeals Judge Wendell Griffen, a Democrat, disavowed what he contended was an implied endorsement by him of Koonce in Koonce's television ad.
		In the race for the open District 6 seat of the Court of Appeals -- decided by voters in Pulaski and Perry counties -- state Supreme Court appointee Lavenski R. Smith, a Republican, was losing to Pulaski County Municipal Court Judge Larry Vaught, a Democrat.
		The Court of Appeals has jurisdiction over all cases appealed from circuit, chancery and probate courts in Arkansas with the exception of cases for which the seven-member state Supreme Court has retained jurisdiction.
	www.ardemgaz.com /prev/elect2000/B1Y8.html (801 words)

	Lake View School Court Case, Arkansas Supreme Court (Site not responding. Last check: 2007-10-30)
		This court concluded that Lake View was the appellant and the State was the cross-appellant, that the State could reabstract the testimony and record, and that Lake View was entitled to a brief on the merits of the case as well as a brief on attorneys' fees.
		Arkansas ranks forty-ninth in the country for the percentage of the population age twenty-five or older with a Bachelors degree or higher.
		The court proceeded,however, to hold that its system "violate[d] the right to equal educational opportunities" under both its Education Article and equal protection clause, and that there was no rational basis for the gross inequities in the educational opportunities offered to school children in different school districts in that state.
	home.earthlink.net /~shadow1372/quotconservativestodaythinkingrightquot/id12.html (14038 words)

	ARKANSAS POLICY FOUNDATION
		Court: "The Masters conclude that the General Assembly undertook an "ambitious slate" of bills and enacted an "impressive number of them." They conclude further that much needs to be done to fully implement the system, such as the adoption of rules; commission appointments, training, and development of assessment instruments.
		Court: "We will not venture into this debate and mandate a specific consolidation program, as we are firmly convinced that an efficient public education as well as a general and suitable public education must be ordained by the executive and legislative branches of this State.
		The Supreme Court reversed and remanded the case to the Chancery Court in Pulaski County, holding the plaintiffs were entitled to a "compliance trial" to test the curative effects of 1995 and 1997 legislative acts.
	www.reformarkansas.org /policy/040713.asp (1092 words)

	Arkansas Supreme Court Rules In Favor Of Gay Foster Parenting
		The Supreme Court decision found that the Child Welfare Agency Review Board's policy against gay adoptions as outlined in Regulation 220.3.2 "...does not promote the health, safety, or welfare of children and, thus, is unconstitutional as being a violation of the separation-of-powers doctrine."
		The Court also criticized members of the state child welfare agency because at least two of the members of the agency testified that they thought homosexuality was a sin.
		The bottom line in the Arkansas Supreme Court decision on gay foster parenting is this: 1.
	www.narth.com /docs/arkansas.html (1517 words)

	Bookselling This Week: Arkansas Supreme Court Says Display Law Covers All Minors
		On Thursday, October 21, the Arkansas Supreme Court rejected the Arkansas Attorney General's contention that amendments to an Arkansas statute restricting the "display" of material that is "harmful to minors" applied to materials only harmful to more mature minors.
		The Supreme Court's opinion means that, when the case goes back to the federal judge, it will most likely be struck down on the grounds that it is unconstitutional.
		In December 2003, U.S. District Court Judge G. Thomas Eisele of Little Rock questioned whether a narrowing interpretation of the law might be to able to "save the statute, or whether such an interpretation would 'distort the obvious objectives of the statute,'" as noted in the recent Supreme Court opinion.
	news.bookweb.org /freeexpression/2976.html (1003 words)

	Arkansas News Bureau - Panel rejects state Supreme Court' budget request
		LITTLE ROCK - A request from the state Supreme Court for a $1.1 million budget increase over the biennium was rejected Tuesday by a legislative panel reviewing budget proposals in advance of the 2007 legislative session.
		The court asked for $4.1 million in 2007-08, an increase of $548,155, and $4.3 million in 2008-09, an increase of $564,231.
		The court's budget request does not include the justices' salaries, which are part of the state auditor's budget.
	www.arkansasnews.com /archive/2006/11/22/News/338591.html (306 words)

	Arkansas Bar Association \| Publications
		In addition to this shared responsibility among the Justices for administration, the Chief Justice in Arkansas does not brief the Justices on every case in conference or assign cases to the Justices to be written, as Chief Justice William Rehnquist does, for example, for the United States Supreme Court.
		In Arkansas, cases are assigned to individual Justices by the Supreme Court Clerk under a system of rotating numbers, and the "main" Justice briefs the conference on his or her case.
		The Supreme Court may be the silent branch of government, though perhaps not as quiet as it was in 1991 when I first joined the court, but its role in our system of government is powerful and crucial.
	www.arkbar.com /Ark_Lawyer_Mag/Articles/SupremeCourtWinter05.html (2377 words)

	Michigan Supreme Court - Wikipedia, the free encyclopedia
		The Michigan Supreme Court is the highest court in the U.S. state of Michigan.
		Supreme Court candidates must be qualified electors, licensed to practice law in Michigan for at least five years, and under 70 years of age at the time of election.
		The Court's other duties include overseeing the operations of all state trial courts; the Court is assisted by the State Court Administrative Office [2], an agency of the Court.
	en.wikipedia.org /wiki/Michigan_Supreme_Court (350 words)

	Arkansas Legal Ethics
		Arkansas has stated that the Òappearance of improprietyÓ principle is Òa factor that should be considered in any instance in which a violation of a rule of professional conduct is at issue.Ó See 0.1:104 and 1.9:230.
		Amendment 28 to the Arkansas Constitution, adopted in 1938, allows the Supreme Court to Òmake rules regulating the practice of law and the professional conduct of attorneys at law.Ó This language, combined with the express separation of powers doctrine of the Arkansas Constitution, casts doubt on the validity of any legislative attempts to regulate attorneys.
		Federal courts in Arkansas have suspended attorneys from practicing before the courts and have also referred evidence of professional misconduct to the Supreme Court Committee on Professional Conduct for further action.
	www.law.cornell.edu /ethics/ar/narr/AR_NARR_0.HTM (2580 words)

	Arkansas Code
		The official court reporters of the circuit and chancery courts in this state are employees of the State of Arkansas.
		The court reporters shall be subject to, and their compensation shall be determined in accordance with, the provisions of the Uniform Classification and Compensation Act, § 21-5-201 et seq., and all laws amendatory thereto.
		Court reporters shall not be liable, criminally or civilly, for the unintentional loss, damage, or destruction of their official records which are more than five (5) years old.
	www.arkansascourtreporters.org /code.htm (1487 words)

	Arkansas News Bureau - Arkansas Supreme Court hears payday-lending arguments
		Plaintiffs asked the court to rule that the fees collected are actually interest, which would exceed the usury limit and make the act unconstitutional.
		Turner filed suit in 2003 challenging the constitutionality of the seven-year-old law, in November that year, Pulaski County Circuit Judge Barry A. Sims ruled the act was constitutional and that the State Board of Collection Agencies, which licenses and regulates the lenders, was not subject to a claim for illegal exaction for its licensing fees.
		Courts have ruled that if there's no controversy between two different parties, the case must first go to a state agency, mainly to ensure the efficiency of the justice system, he said.
	www.arkansasnews.com /archive/2006/11/03/News/338352.html (331 words)

	PsycLAW: Jegley v. Picado
		That decision was appealed to the Arkansas Supreme Court.
		Result: The Arkansas Supreme court overturned the state law that bars sexual relations between people of the same gender in a ruling recognizing that lesbians and gay men share the same constitutional rights as others to privacy.
		The court's decision upheld the lower court ruling that a 1977 law prohibiting consensual, noncommercial sex acts involving people of the same sex violates the state's constitution.
	www.apa.org /psyclaw/jegley-v-picado.html (315 words)

	School Funding Issues - March 30, 2006
		The court further concluded that the school funding system violated Article 14, Section 1 of the Arkansas Constitution by failing to provide a "general, suitable and efficient system of free public schools." The Supreme Court ultimately agreed.
		Late last year, the Supreme Court ruled that no cost of living increase was added to the $5,400 per-student amount allocated to each school district.
		Nonetheless, the Supreme Court ordered the state to provide cost of living increases, and gave the state until Dec. 1 of this year to rectify the situation.
	www.arkansas.gov /governor/strides/gems/033006.php (960 words)

	CBLDF - Press Releases: Arkansas Supreme Court Rules on Harmful to Minors Case
		The Court unanimously held that “harmful to minors” applies to all minors, and cannot be narrowed to a subset of older or younger minors.
		The third question asked the court to clarify whether the Act’s “allow to view” provision was breached if a bookseller or librarian merely shelved “material which is harmful to minors” or if he or she must affirmatively give permission to the minor to view those materials.
		The final question asked the court to define what booksellers must do to satisfy the “safe harbor” provision, which requires that “harmful to minors” materials be physically segregated in a manner that prohibits access by minors.
	www.cbldf.org /pr/archives/000228.shtml (757 words)

	Arkansas state news - chiroweb.com
		The Arkansas Supreme Court has upheld a decision of the Circuit Court of Pulaski County, Arkansas, against Michael Teston, a licensed physical therapist who was fined $10,000 in 2002 by the state chiropractic board for performing "spinal manipulation."
		The trial court denied this petition and affirmed the board's decision; Teston then filed a notice of appeal, which was certified from the Arkansas Court of Appeals directly to the Arkansas Supreme Court for review.
		Appeal from the Circuit Court of Pulaski County, Arkansas.
	www.chiroweb.com /states/arkansas.html (545 words)

	:: Paul Danielson for Arkansas Supreme Court :: (Site not responding. Last check: 2007-10-30)
		In the race for state Supreme Court, we like … and Paul Danielson, on the basis of [their] experience and sense of responsibility.
		In addition to his judicial duties, he is an active member of the Arkansas Judicial Council and is a member and former Chairperson of the Supreme Court Liaison Committee and is a member of the Arkansas Bar Association Liaison Committee, the Legislative Liaison Committee and the Amendment 80 Implementation Committee.
		He was an instructor at the University of Arkansas Law School in Little Rock and served as a Deputy Prosecuting Attorney for the 6th and 15th Judicial Districts, as Booneville City Attorney and had a private law practice for 18 years.
	www.electdanielson.com /news.asp (2343 words)

	ARKANSAS SUPREME COURT COMMITTEE RECOMMENDS CLINTON BE DISBARRED!
		Clinton, who was Arkansas governor from 1979 to 1981 and again from 1983 until he was elected president in 1992, has been a lawyer for more than 25 years and taught at the University of Arkansas law school.
		Landmark argued that the Court had the power to act, under U.S. Supreme Court and appellate court precedent, because Clinton's deposition occurred in front of the judge, and his intentional false testimony, provided under oath, was therefore an offense against the Court itself.
		That rule states: "It is professional misconduct for a lawyer to engage in conduct involving dishonesty, fraud, deceit or misrepresentation." Southeastern was forced to ask the Arkansas Supreme Court to issue a writ of mandamus directing the Disciplinary Committee to act on the ethics complaints, which it did.
	www.hench.net /z052200a.htm (1710 words)

	Courts: Arkansas Supreme Court Says Get a Warrant!
		The Arkansas Supreme Court has upheld a lower court decision throwing out the evidence in a methamphetamine case because police failed to obtain a warrant before searching the house.
		While the ruling demonstrates the tenderness with which appeals courts treat lower court rulings on evidentiary matters, most of which are decided in favor of prosecutors, it also shows that Arkansas' highest court is unwilling to relax traditional standards for search and seizure even in meth cases.
		"This court has never wavered in its long-standing rule that it is the providence of the trial court, not this court, to determine the credibility of the witnesses," Glaze wrote.
	stopthedrugwar.org /chronicle/409/getawarrant.shtml (810 words)

	Arkansas Supreme Court Declares Unborn Babies
		The decision came in a case in which a mother and her full-term unborn baby died during delivery, but lower courts refused to allow the baby to be considered as the second victim of alleged malpractice.
		The Supreme Court's 4-3 ruling was based in part on a 1999 state fetal homicide law that allowed prosecutors to charge those responsible for the death of an unborn child with criminal homicide.
		During the January 28-February 16, 1999, jury trial, the judge dismissed charges relating to the death of Baby Boy Aka, citing a 1995 state Supreme Court decision that held an unborn baby could not be considered a "person." The jury ruled in favor of the defendants.
	www.nrlc.org /news/2001/NRL06/arkansas.html (549 words)

	: Another Lambda Legal Victory - Arkansas Supreme Court Decision Strikes Down State's Sodomy Law (Site not responding. Last check: 2007-10-30)
		Both sides filed motions for summary judgment and in March 2001, Judge David B. Bogard of the Pulaski County Circuit Court overturned the anti-gay sodomy law, ruling that the statute violated the right to privacy and equal protection under the Arkansas constitution.
		The Office of the Attorney General of Arkansas appealed Bogard's decision to the Arkansas Supreme Court.
		“The Arkansas Supreme Court has proclaimed that the government doesn’t belong in the bedrooms of consenting adults,” stated Susan Sommer, supervising attorney for Lambda Legal, who successfully argued the case.
	www.lambdalegal.org /cgi-bin/iowa/news/press.html?record=1083 (599 words)

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