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Vote Could Change Courts; Remove Partisan Politics

BY JOHN MILLER
Published Wednesday, November 1, 2000 in the Nevada County Picayune

Should judges be picked by political parties?

This question will be answered by voters in the Nov. 7 General Election.

However, proposed Amendment 3 does more than just remove judicial offices from partisan politics.

It will also merge the circuit, chancery, probate and juvenile courts into a single trial court of general jurisdiction to be called a circuit court.

In addition, it merges courts of limited authority, such as municipal courts, justice of the peace courts, corporation courts, police courts and courts of common please into a single court to be known as a district court.

Along with merging the court systems, the amendment changes the electoral process and terms for judges.

As it stands, judicial candidates are required to run on a preferential party ticket, being either Democrat or Republican. The change would make all candidates independents.

Judges sitting on the Supreme, Appeals and Circuit courts would have the same term they have now, two years, while the district judges would have four-year offices.

Prosecuting attorneys would continue running on a preferential party ticket, but their term of office would be increased to four years.

The amendment, if passed, would also give the Arkansas General Assembly the power to establish the jurisdiction and venue of all courts within the limits provided by the state's Constitution.

It would also have the authority to establish all judicial circuits and districts, along with the number of judges in each one.

If this proposal passes, those elected as judges would no longer be able to practice law on the side, with the exception of district judges.

This issue is on the ballot because in 1998 the Legislature tried to simply and update the state's complex court system and jurisdictions.

The effort failed by a slim margin and the Legislature revised its approach, submitting Amendment 3 to the voters this year.

Should it pass, it will go into effect July 1, 2001. This will put a process into motion to change the jurisdictions over a period of time. The changes should be completed by Jan. 1, 2005.


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