Judicial selection in Arkansas

Judicial selection in Arkansas
Arkansas Supreme Court
Method:	Nonpartisan election
Term:	8 years
Arkansas Court of Appeals
Method:	Nonpartisan election
Term:	8 years
Arkansas Circuit Courts
Method:	Nonpartisan election
Term:	6 years
Arkansas District Courts
Method:	Nonpartisan election
Term:	4 years

Judicial selection refers to the process used to select judges for courts. At the state level, methods of judicial selection vary substantially in the United States, and in some cases between different court types within a state. There are six primary types of judicial selection: partisan and nonpartisan elections, the Michigan method, assisted appointment, gubernatorial appointment, and legislative elections. To read more about how these selection methods are used across the country, click here.

This article covers how state court judges are selected in Arkansas, including:

• Arkansas Supreme Court,
• Arkansas Court of Appeals,
• Arkansas Circuit Courts, and
• Limited jurisdiction courts

As of March 2023, judges for all courts in the state were selected through the nonpartisan election of judges. While the appellate and general jurisdiction courts have varying policies on judge qualifications, chief justice selection and term length, they share common regulations on re-election and the filling of interim vacancies. Likewise, the limited jurisdiction courts function largely the same across the board, differing primarily in judge qualifications.

Click here to notify us of changes to judicial selection methods in this state.

Arkansas Supreme Court

See also: Arkansas Supreme Court

The seven justices on the Arkansas Supreme Court are selected through nonpartisan elections. They compete in nonpartisan general elections—occurring at the same time as the primary elections for other state officials—in which the candidate who receives more than 50 percent of the vote wins the seat. If no candidate garners a majority of the vote, the top two candidates compete in a runoff during the November general election.

The winners are elected to eight-year terms. Sitting justices must run for re-election at the expiration of their terms.

Qualifications

To serve on this court, a justice must be:

• at least 18 years old;
• a U.S. citizen and state resident;
• licensed to practice law in Arkansas for at least eight years;
• registered to vote; and
• a qualified elector within the geographic area from which chosen.

Chief justice

The court's chief justice is selected by voters at large and serves in that capacity for a full eight-year term.

Vacancies

See also: How vacancies are filled in state supreme courts

In the event of a midterm vacancy, an interim judge is selected by the governor to fill the empty seat. If the open seat would have been filled at the next general election if the vacancy did not occur, the appointed justice will serve the remainder of the unexpired term. If the open seat would not have been regularly filled at the next general election, the appointee will serve until the next general election if the vacancy occurred more than four months prior to the election. If the vacancy occurs less than four months prior to the next general election, then the justice will serve until the second succeeding general election.

The map below highlights how vacancies are filled in state supreme courts across the country.

Arkansas Court of Appeals

See also: Arkansas Court of Appeals

There 12 judges on the Arkansas Court of Appeals are selected through nonpartisan elections. They compete in nonpartisan general elections—occurring at the same time as the primary elections for other state officials—in which the candidate who receives more than 50 percent of the vote wins the seat. If no candidate garners a majority of the vote, the top two candidates compete in a runoff during the November general election.

The winners are elected to eight-year terms. Sitting judges must run for re-election at the expiration of their terms.

Qualifications

To serve on this court, a judge must be:

• at least 18 years old;
• a U.S. citizen and state resident;
• licensed to practice law in Arkansas for at least eight years;
• registered to vote; and
• a qualified elector within the geographic area from which chosen.

Chief judge

The chief judge is appointed by the chief justice of the supreme court and serves in that capacity for four years.

Vacancies

In the event of a midterm vacancy, an interim judge is selected by the governor. This appointee will serve until the next general election taking place four or more months after the vacancy occurred.

Circuit Court

See also: Arkansas Circuit Courts

Judges on the Arkansas Circuit Courts are selected through nonpartisan elections. They compete in nonpartisan general elections—occurring at the same time as the primary elections for other state officials—in which the candidate who receives more than 50 percent of the vote wins the seat. If no candidate garners a majority of the vote, the top two candidates compete in a runoff during the November general election.

The winners are elected to six-year terms. Sitting judges must run for re-election at the expiration of their terms.

Qualifications

To serve on this court, a judge must be:

• a U.S. citizen and state resident;
• at least 18 years old;
• registered to vote;
• licensed to practice law in Arkansas for at least six years; and
• a qualified elector within the geographic area from which chosen.

Vacancies

In the event of a midterm vacancy, an interim judge is selected by the governor. This appointee will serve until the next general election taking place four or more months after the vacancy occurred.

Limited jurisdiction courts

Arkansas has two types of limited jurisdiction courts: district courts and city courts.

District Courts

District courts in Arkansas are divided between local district courts and state district courts. Local district courts feature part-time judges, while state district courts feature full-time judges. Judges of the Arkansas District Courts are each elected to four-year terms. The elections for this court are nonpartisan contested elections. To serve on this court, a judge must be at least 18 years old, a registered voter, a U.S. citizen and state resident, and have at least four years of experience practicing law.

City Courts

Judges on the Arkansas City Courts are elected to terms of varying lengths in partisan contested elections. The requirements to serve on these courts vary by city. Many judges on city courts serve across multiple cities.

History

Below is a timeline noting changes to judicial selection methods in Arkansas listed in reverse chronological order:

• 2001: The general assembly enacted a nonpartisan elections law mandating the following:

• judicial elections were to be held in conjunction with preferential primaries in May;
• if no candidate received more than 50% of the vote, the top two candidates would go on to compete in a runoff during the November general election; and
• judicial candidates could seek political party endorsement if they wish.

• 2000: Arkansas passed Amendment 80 with 57% of the vote, and the state's system of judicial selection changed in a variety of ways:

• Judicial elections were changed from partisan to nonpartisan.
• Circuit, chancery, probate and juvenile courts were merged into the circuit court.
• All limited jurisdiction courts were merged into the district court.
• Term lengths of circuit court judges increased to six years, and terms of district court judges were set at four years.

• 1978: The Arkansas Legislature was empowered to establish the court of appeals. Judges were to be elected to eight-year terms.
• 1874: All supreme court justices, including the chief justice, were elected by the people. Circuit court judges were elected by the people to four-year terms.
• 1868: The chief justice of the supreme court was to be appointed by the governor with senate confirmation, while associate justices were to be elected by the people. Circuit judges were appointed by the governor with senate confirmation to six-year terms.
• 1864: Supreme court justices were elected by the people.
• 1848: Circuit court judges were elected by the people.
• 1836: The first Arkansas Constitution dictated that judges of the supreme and circuit courts were to be elected by a majority vote of both houses of the Arkansas Legislature. They were to serve eight and four-year terms, respectively.

Selection of federal judges

United States district court judges, who are selected from each state, go through a different selection process from that of state judges.

The district courts are served by Article III federal judges, who are appointed for life during good behavior. They are usually first recommended by senators (or members of the House, occasionally). The President of the United States nominates judges, who must then be confirmed by the United States Senate in accordance with Article III of the United States Constitution.

Courts in Arkansas

In Arkansas, there are two federal district courts, a state supreme court, a state court of appeals, and trial courts with both general and limited jurisdiction. These courts serve different purposes, which are outlined in the sections below.

Click a link for information about that court type.

• Federal courts
• State supreme court
• State court of appeals
• Trial courts

The image below depicts the flow of cases through Arkansas' state court system. Cases typically originate in the trial courts and can be appealed to courts higher up in the system.

The structure of Arkansas' state court system.

In other states

Each state has a unique set of guidelines governing how they select judges at the state and local level. These methods of selection are:

Election

• Partisan election: Judges are elected by the people, and candidates are listed on the ballot alongside a label designating political party affiliation.
• Nonpartisan election: Judges are elected by the people, and candidates are listed on the ballot without a label designating party affiliation.
• Michigan method: State supreme court justices are selected through nonpartisan elections preceded by either partisan primaries or conventions.
• Retention election: A periodic process whereby voters are asked whether an incumbent judge should remain in office for another term. Judges are not selected for initial terms in office using this election method.

Assisted appointment

• Assisted appointment, also known as merit selection or the Missouri Plan: A nominating commission reviews the qualifications of judicial candidates and submits a list of names to the governor, who appoints a judge from the list. At the state supreme court level, this method is further divided into the following three types:
  • Bar-controlled commission: The state Bar Association is responsible for appointing a majority of the judicial nominating commission that sends the governor a list of nominees that they must choose from.
  • Governor-controlled commission: The governor is responsible for appointing a majority of the judicial nominating commission that sends the governor a list of nominees they must choose from.
  • Hybrid commission: The judicial nominating commission has no majority of members chosen by either the governor or the state bar association. These commissions determine membership in a variety of ways, but no institution or organization has a clear majority control.

Direct appointment

• Court appointment: Judges are selected by judges in the state judiciary.
• Gubernatorial appointment: Judges are appointed by the governor. In some cases, approval from the legislative body is required.
• Legislative election: Judges are selected by the state legislature.
• Municipal government selection: Judges are selected by the governing body of their municipality.

Click a state on the map below to explore judicial selection processes in that state.

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http://ballotpedia.org/Judicial_selection_in_STATE

See also

State courts	Appointment methods	Election methods
State supreme courts Intermediate appellate courts Trial courts	Assisted appointment Court appointment Gubernatorial appointment Legislative election Municipal government selection	Partisan election Nonpartisan election Michigan method

External links

• Arkansas Judiciary

Footnotes

Arkansas courts

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Federal courts:

Eighth Circuit Court of Appeals • U.S. District Court: Eastern District of Arkansas, Western District of Arkansas • U.S. Bankruptcy Court: Eastern District of Arkansas, Western District of Arkansas

State courts:

Arkansas Supreme Court • Arkansas Court of Appeals • Arkansas Circuit Courts • Arkansas District Courts • Arkansas City Courts

State resources:

Courts in Arkansas • Arkansas judicial elections • Judicial selection in Arkansas