In Re Amendment to Administrative Order No. 12

2020 Ark. 425

• Court: Supreme Court of Arkansas
• Decided: December 17, 2020
• Status: Published

Opinion

Cite as 2020 Ark. 425 SUPREME COURT OF ARKANSAS Opinion Delivered: December 17, 2020 IN RE AMENDMENT TO ADMINISTRATIVE ORDER 12

PER CURIAM

The Arkansas Judicial Council [the Council] desires to have more uniform forms

available to courts across the state and has therefore submitted proposed changes to

Administrative Order 12. The changes would permit the Council to develop, revise, and

maintain uniform petitions, orders, and forms for optional use in our courts without the

Arkansas Supreme Court approving each of them. We have reviewed the Council’s proposal.

Because we conclude that this practice may be beneficial to the parties, attorneys, and judges

of our State, we adopt the revised Administrative Order. The revisions to the Order, which

are set out in “line-in, line-out” fashion below (new material is underlined; deleted material

is lined through), are effective immediately.

ORDER 12. OFFICIAL FORMS

The following official court forms adopted by the Arkansas Supreme Court are found in the

publications noted below and may also be found at the Arkansas Judiciary website:

(http://courts.arkansas.gov) (https://www.arcourts.gov). 1. Probate Forms. The Supreme Court, pursuant to Ark. Code Ann. § 28-1-114 and its

constitutional and inherent powers to regulate procedure in the courts, has adopted thirty-

three probate forms. These official forms supersede all earlier versions. The forms are

published in 336 Ark. Appendix (1999).

2. Court Forms for Orders of Protection. The Supreme Court, pursuant to Amendment

80 of the Arkansas Constitution, has adopted the following forms to be used in order-of-

protection cases: (a) Ex Parte Order of Protection, (b) Notice of Hearing on Petition for

Order of Protection, and (c) Final Order of Protection. The Administrative Office of the

Courts in collaboration with the Arkansas Judicial Council and others is authorized to

prepare instructions to be used with these documents and to make technical corrections

from time to time to the documents. These forms are published in 2010 Ark. 442.

3. Additional Forms and Orders. To ensure consistency and efficiency in the courts, the

Supreme Court authorizes the Arkansas Judicial Council to develop, revise, and maintain

various uniform forms, petitions, and orders for use by courts. However, unless specifically

directed by the Supreme Court, use of such uniform forms, petitions, and orders is not

mandatory. All uniform forms, petitions, and orders remain subject to legal challenge and

publishing them does not alter this.

HART, J., dissents.

JOSEPHINE LINKER HART, Justice, dissenting. I dissent. Amended Administrative

Order No. 12 unconstitutionally cedes to the Arkansas Judicial Council, Incorporated, the

Arkansas Supreme Court’s superintending authority over inferior courts. See Ark. Const.

2 amend. 80 § 4.

I am mindful that the Judicial Council, Inc., has gradually increased its stature by

successfully lobbying the legislature. The Judicial Council, Inc., per statute, now makes

recommendations to the General Assembly on judicial redistricting and the addition of new

judgeships. Ark. Code Ann. § 16-10-501. It also has taken the lead in determining judicial

salaries by direct contact with the Independent Citizens’ Commission and by selecting the

five board members that direct the Arkansas Judicial Retirement System. Ark. Code Ann. §

24-8-203. However, these activities have involved the political dimension of the Arkansas

courts, not practice and procedure.

Previously, where practice and procedure were at issue, the Judicial Council, Inc., has

only made recommendations to this court. To be sure, the Arkansas Supreme Court has

been very receptive. Indeed, the first time Administrative Order No. 12 was amended––it

previously was adopted to take over the maintenance of uniform probate forms––this court

adopted a recommendation made by the Judicial Council, Inc. In re Official Forms–Order of

Protection and Amendment of Administrative Order No. 12, 2011 Ark. 442. Likewise, when the

Judicial Council, Inc., recommended revision of the order of protection, this court readily

approved of the recommended form. In re Adoption of Final Order of Protection, 2018 Ark. 266.

In both instances, this court’s approval was consistent with its superintending authority;

today’s adoption of the revised Administrative Order No. 12 is not.

Although the Judicial Council, Inc., is a politically powerful organization, it has no

stature under the Arkansas Constitution. It is a voluntary organization that cannot dictate

3 practice and procedure to the courts of this state. The only way that uniformity can be

achieved is through the supreme court’s superintending authority.

Furthermore, unlike the Judicial Council, Inc., the Arkansas Supreme Court has

standing committees to study and refine proposed changes to the rules of practice and

procedure. These standing committees are composed of judges and practicing attorneys, so

that both the bench and bar consider the proposed change. Additionally, this court publishes

proposed changes for comment before adopting them. Invariably, a more deliberate

approach in which a greater range of expertise is brought to bear produces a superior result.

Uniform forms have the inherent potential to devolve into de facto checklists. Checklist

justice should be avoided at all costs.

The potential pitfalls of giving Judicial Council, Inc., unbridled authority “to develop,

revise, and maintain various uniform forms, petitions, and orders for use by courts” is at

least tacitly recognized in the very paragraph that grants the authority. By stating that “use of

such uniform forms, petitions, and orders is not mandatory” and that they “remain subject

to legal challenge,” this court is abandoning its constitutional duty to “prescribe the rules of

pleading, practice and procedure.” Ark. Const. amend. 80 § 3. Inviting litigation does not

cure this deficiency. I decline to join it.

I dissent.