Exclusive Administrative Authority of the Chief Justice Under Amendment 80: “Regnat Populus” Affirmed

Introduction

In In Re Order of Chief Justice Karen R. Baker (2025 Ark. 4), the Arkansas Supreme Court confronted a constitutional standoff between the newly elected Chief Justice Karen R. Baker and five associate justices seeking to override her administrative directives by majority vote. Under Amendment 80 to the Arkansas Constitution, the Chief Justice is vested with sole authority to administer the functions of the Supreme Court—specifically, superintending control over all state courts and the temporary assignment of judges. Despite this clear grant of power, a bloc of associate justices issued per curiam opinions purporting to:

Enter Administrative Order 24 regarding employment status at the Administrative Office of the Courts (AOC),
Approve an eight-year employment contract for the AOC Director, and
Make appointments to the Arkansas Judicial Discipline and Disability Commission (JDDC).

Chief Justice Baker declared these actions “ultra vires,” struck them as null and void, and reaffirmed her exclusive constitutional duty to “administer the functions of the court.”

Summary of the Judgment

Delivered January 8, 2025, the Order holds that:

Constitutional Authority: Amendment 80, § 4 plainly states that the Chief Justice “shall administer” both the general superintending control over all state courts and the temporary assignment of judges. The unambiguous language—particularly the mandatory “shall” and conjunctive “and”—vests those powers exclusively in the Chief Justice.
Invalid Administration by Majority Vote: Associate justices cannot strip or share those constitutional duties by per curiam opinion or majority vote. Past attempts—including an order by former Chief Justice Kemp in 2017—have been rebuffed for undermining efficient court administration.
Stricken Actions: The January 3 Administrative Order 24, the December 10 employment agreement for AOC Director Marty Sullivan, and the January 6 JDDC appointments (Earnest Brown, Thomas Smith, Troy Braswell) are declared null and void.
Reaffirmation of Democratic Mandate: Because the Chief Justice is elected statewide under Amendment 80, “Regnat Populus—The People Rule” prohibits five associate justices from appropriating supervisory powers not granted to them by the people of Arkansas.

Analysis

Precedents Cited

Ark. Const. amend. 80, § 2(A)-(B), § 4: Establishes election of the Chief Justice and vests administrative functions exclusively in that office.
Republican Party of Ark. v. State ex rel. Hall, 240 Ark. 545, 400 S.W.2d 660 (1966): Emphasized Arkansas’s motto “Regnat Populus”—the supreme authority of the people in choosing their judiciary.
Zook v. Martin, 2018 Ark. 293, 557 S.W.3d 880: Reaffirmed that plain, unambiguous constitutional language must be given its common meaning.
Smith v. Wright, 2015 Ark. 189, 461 S.W.3d 687: Interpreted “shall” as mandatory, requiring compliance.
Kemp Administrative Order (2017): A prior Chief Justice’s order refusing to entertain associate-justice motions to impose a four-member majority rule on administrative matters.
Ark. Code Ann. § 16-10-102(a)(2): Director of the AOC “shall be nominated by the Chief Justice”—reinforcing the Chief Justice’s personnel authority.
Ark. Code Ann. § 16-10-101(a), (d): Defines the Chief Justice’s responsibility for the efficient operation of the judicial branch and authorizes associate justices to act only in the Chief Justice’s absence.
Arkansas Dep’t of Fin. & Admin. v. Trotter Ford, Inc., 2024 Ark. 31, 685 S.W.3d 889: Warns against reading into a statute words that are not there.
Ark. Code Ann. § 19-11-705(a)(1)(A): Ethics rule prohibiting state employees from contracting for services in matters where they have a financial interest.

Legal Reasoning

The Court’s reasoning rests on well-settled principles of constitutional interpretation:

Plain Meaning: Amendment 80’s text uses mandatory (“shall”) and conjunctive (“and”) language. It plainly requires the Chief Justice to administer both superintending control and judicial assignments.
Exclusive Duty: “Administer” means “to control the operation or arrangement of something.” No constitutional or statutory provision authorizes a majority of associate justices to usurp that control.
Mandatory Compliance: The word “shall” imposes an obligation that cannot be overridden by internal court rule or majority vote.
Historical Continuity: From the 1836 Constitution to the present, the Chief Justice has always led the court’s administration—even as the bench expanded from three to seven justices.
Separation of Powers & Democratic Legitimacy: Because the Chief Justice is the only statewide–elected justice, allowing a majority of non-elected associate justices to veto or overturn administrative decisions conflicts with the popular mandate (“Regnat Populus”).
Statutory Backing: Arkansas statutes reinforce the Chief Justice’s personnel authority over the AOC Director and judicial branch operations.

Potential Impact

This Order crystallizes the doctrine that internal court administration in Arkansas is not subject to majority vote but exclusively under the Chief Justice’s constitutional authority. The decision will:

Serve as binding guidance for future conflicts over court administration, foreclosing any attempt by associate justices to amend administrative procedures by per curiam opinion or court rule.
Reinforce the democratic legitimacy of the Chief Justice’s election as the foundation for administrative control.
Clarify the interplay between Amendment 80 and Arkansas statutory law regarding personnel matters, assignments, budgeting, and court‐technology decisions.
Potentially prompt legislative amendments or model‐rule proposals to reflect and codify the Chief Justice’s exclusive administrative role.

Complex Concepts Simplified

Amendment 80: A constitutional amendment creating an elected Chief Justice and granting that office sole authority to run the court’s administrative functions.
Superintending Control: Oversight and general management of all trial and appellate courts in the state.
Per curiam Opinion: A ruling issued collectively by the court, often unsigned, here used by a majority of associates to effect administrative changes.
Ultra Vires: Latin for “beyond the powers.” Actions taken by the associate justices in this case exceeded their constitutional authority.
Regnat Populus: Arkansas’s motto—“The People Rule”—underscoring that judicial leaders derive authority from popular election.

Conclusion

In Re Order of Chief Justice Karen R. Baker establishes a new—and vital—Arkansas precedent: internal court administration is the exclusive province of the Chief Justice under Amendment 80, immune from override by majority vote of associate justices. By striking down Administrative Order 24, the Sullivan employment contract, and the JDDC appointments as null and void, the Court reaffirmed the plain text of the Constitution, the democratic will of Arkansas voters, and the principle that “Regnat Populus” must remain inviolate.

Moving forward, this decision will shape the governance of Arkansas’s judiciary, ensuring that administrative authority rests with the statewide-elected Chief Justice and that the integrity and efficiency of the courts are preserved.