Exchange of Jurisdiction by Joint Order: New Section V in A.O. No. 16

Introduction

In Re Amendment to Administrative Order No. 16 (2025 Ark. 6) represents a procedural refinement by the Supreme Court of Arkansas regarding the assignment and temporary exchange of judges in both circuit and district courts. Delivered per curiam on January 27, 2025, this Order amends Administrative Order No. 16 to streamline the processes for recusal assignments, temporary inability assignments, and—most notably—the introduction of a new “Section V” permitting the exchange of jurisdiction via joint order. Key issues include clarifying the bases for assignment, simplifying administrative handling of recusals, and empowering the Chief Justice to assign or approve exchanges among sitting and retired judges. Parties affected include circuit and district judges (sitting and retired), clerks, litigants, and the Office of the Supreme Court Clerk responsible for comments through February 28, 2025.

Summary of the Judgment

The Supreme Court’s per curiam opinion adopts and publishes an amendment to Administrative Order No. 16, effective immediately on an interim basis. The principal change—the addition of Section V—formalizes the ability of judges to exchange jurisdiction by joint order under Arkansas Constitution, Amendment 80 (Sections 6(C) and 7(E)), and relevant Code sections (Ark. Code Ann. §§ 16-13-224; 16-17-102). The Order:

Repeals conflicting provisions in A.O. No. 14, A.O. No. 1, and A.O. No. 18.
Maintains detailed procedures for recusals (Section III) and temporary inability to serve (Section IV).
Sets forth considerations for assignments (Section VI), judges’ powers once assigned (Section VII), termination and reassignments (Section VIII), and reporting requirements (Section IX).
Invites written comments from interested parties by February 28, 2025.

Analysis

Precedents Cited

Arkansas Constitution Amendment 80, §§ 4, 6(C), 7(E), 12, 13 – grants the Supreme Court inherent rule-making and assignment authority.
Ark. Code Ann. § 16-10-101 & § 16-13-214 – authority for judge assignments.
Ark. Code Ann. § 16-13-224 & § 16-17-102 – statutory basis for exchanging jurisdiction among circuit and district judges.
Administrative Orders No. 1, 3, 14, and 18 – prior internal governance rules, now repealed or superseded in part by A.O. No. 16.

These sources collectively empowered the Court to craft a uniform, statewide procedural framework for judge assignments, doing away with conflicting local administrative plans and obsolete special-judge election mechanisms.

Legal Reasoning

The Court’s rationale is threefold:

Consistency and Clarity: By adopting a single Administrative Order covering all assignment scenarios, the Court ensures statewide uniformity and avoids conflicting local rules.
Efficiency and Technology: Encouraging use of case-management systems for random reassignment streamlines recusals; use of joint orders for exchange of jurisdiction reduces delay when a judge is unavailable.
Judicial Independence and Oversight: Requiring consent of assigned judges, proscribing external influence, and centralizing administrative functions in clerks’ offices preserves impartiality and accountability.

Section V’s formalization of exchanges “by joint order” recognizes longstanding statutory authority and constitutional amendments, promoting seamless coverage for judges’ temporary unavailability without special-judge requests.

Impact

The amendment is poised to:

Reduce backlog and hearing delays by permitting judges to swap duties quickly via joint orders.
Simplify clerks’ administrative tasks, eliminating unnecessary election processes and redundant reassignment steps.
Encourage greater flexibility in judicial staffing across geographic boundaries, particularly beneficial in circuits with heavy case loads or in rural counties with limited bench resources.
Provide a model for other jurisdictions seeking uniform assignment procedures under their own constitutional or statutory authority.

Complex Concepts Simplified

Recusal: When a judge withdraws from a case due to bias or conflict, triggering random reassignment by an automated system.
Temporary Inability to Serve: Short-term unavailability (illness, education, emergency) addressed by day-assignment of another judge or special assignment by the Chief Justice.
Exchange of Jurisdiction: Two judges mutually agree to swap dockets or case responsibilities for a limited time via a formal joint order, avoiding the need for a Supreme Court special judge.
Interim Basis: The amendment takes immediate effect pending public comment, after which further fine-tuning may occur.

Conclusion

In Re Amendment to Administrative Order No. 16 marks a significant procedural advance in Arkansas’s judicial administration. By codifying both existing assignment mechanisms and empowering a new, streamlined process for the exchange of jurisdiction by joint order, the Supreme Court has enhanced efficiency, clarity, and consistency in handling recusal and availability issues. Stakeholders are invited to comment by February 28, 2025, ensuring the final form of Section V and related provisions best serve the needs of the bench, bar, and public.