ARKANSAS CONSTITUTION
ARTICLE VII
JUDICIAL DEPARTMENT

Art. VII §1 | [REPEALED.]

Art. VII §2 | [REPEALED.]

Art. VII §3 | [REPEALED.]

Art. VII §4 | [REPEALED.]

Art. VII §5 | [REPEALED.]

Art. VII §6 | [REPEALED.]

Art. VII §7 | [REPEALED.]

Art. VII §8 | [REPEALED.]

Art. VII §9 | [REPEALED.]

Art. VII §10 | [REPEALED.]

Art. VII §11 | [REPEALED.]

Art. VII §12 | [REPEALED.]

Art. VII §13 | [REPEALED.]

Art. VII §14 | [REPEALED.]

Art. VII §15 | [REPEALED.]

Art. VII §16 | [REPEALED.]

Art. VII §17 | [REPEALED.]

Art. VII §18 | [REPEALED.]

Art. VII §19 | CIRCUIT CLERKS — ELECTION — TERM OF OFFICE — EX OFFICIO DUTIES — COUNTY CLERKS ELECTED IN CERTAIN COUNTIES

The clerks of the circuit courts shall be elected by the qualified electors of the several counties for the term of four (4) years, and shall be ex officio clerks of the county and probate courts and recorder; provided that in any county having a population exceeding fifteen thousand (15,000) inhabitants, as shown by the last federal census, there shall be elected a county clerk, in like manner as the clerk of the circuit court, for the term of four (4) years, and in such case the county clerk shall be ex officio clerk of the probate court of such county until otherwise provided by the General Assembly.

Art. VII §20 | [REPEALED.]

Art. VII §21 | [REPEALED.]

Art. VII §22 | [REPEALED.]

Art. VII §23 | CHARGE TO JURIES

Judges shall not charge juries with regard to matters of fact, but shall declare the law; and, in jury trials, shall reduce their charge or instructions to writing, on the request of either party.

Art. VII §24 | [REPEALED.]

Art. VII §25 | [REPEALED.]

Art. VII §26 | PUNISHMENT OF INDIRECT CONTEMPT PROVIDED FOR BY LAW

The General Assembly shall have power to regulate, by law, the punishment of contempts; not committed in the presence or hearing of the courts, or in disobedience of process.

Art. VII §27 | REMOVAL OF COUNTY AND TOWNSHIP OFFICERS — GROUNDS

The Circuit Court shall have jurisdiction upon information, presentment, or indictment, to remove any county or township officer from office for incompetency, corruption, gross immorality, criminal conduct, malfeasance, misfeasance or nonfeasance in office.

Art. VII §28 | COUNTY COURTS — JURISDICTION — SINGLE JUDGE HOLDING COURT

The County Courts shall have exclusive original jurisdiction in all matters relating to county taxes, roads, bridges, ferries, paupers, bastardy, vagrants, the apprenticeship of minors, the disbursement of money for county purposes, and in every other case that may be necessary to the internal improvement and local concerns of the respective counties. The County Court shall be held by one judge, except in cases otherwise herein provided.

Art. VII §29 | COUNTY JUDGE — ELECTION — TERM — QUALIFICATIONS

The judge of the county court shall be elected by the qualified electors of the county for the term of four (4) years. He or she shall be at least twenty-five (25) years of age, a citizen of the United States, an individual of upright character, of good business education, and a resident of the state for two (2) years before his or her election; and a resident of the county at the time of his or her election, and during his or her continuance in office.

Art. VII §30 | QUORUM COURT — COUNTY JUDGE AND JUSTICES OF PEACE

The Justices of the Peace of each county shall sit with and assist the County Judge in levying the county taxes, and in making appropriations for the expenses of the county, in the manner to be prescribed by law; and the County Judge, together with a majority of said Justices, shall constitute a quorum for such purposes; and in the absence of the County Judge a majority of the Justices of the Peace may constitute the court, who shall elect one of their number to preside. The General Assembly shall regulate by law the manner of compelling the attendance of such quorum.

Art. VII §31 | COUNTY COURT — TERMS

The terms of the County Courts shall be held at the times that are now prescribed for holding the Supervisors' Courts, or may hereafter be prescribed by law.

Art. VII §32 | [REPEALED.]

Art. VII §33 | APPEALS FROM COUNTY AND COMMON PLEAS COURTS

Appeals from all judgments of County Courts or Courts of Common Pleas, when established, may be taken to the Circuit Court under such restrictions and regulations as may be prescribed by law.

Art. VII §34 | [REPEALED.]

Art. VII §35 | [REPEALED.]

Art. VII §36 | SPECIAL JUDGES OF COUNTY OR PROBATE COURTS

Whenever a Judge of the County or Probate Court may be disqualified from presiding, in any cause or causes pending in his court, he shall certify the facts to the Governor of the State, who shall thereupon commission a special judge to preside in such cause or causes during the time said disqualification may continue, or until such cause or causes may be finally disposed of.

Art. VII §37 | COMPENSATION OF COUNTY JUDGE — POWERS DURING ABSENCE OF CIRCUIT JUDGE

The County Judge shall receive such compensation for his services as presiding Judge of the County Court, as Judge of the Court of Probate and Judge of the Court of Common Pleas, when established, as may be provided by law. In the absence of the Circuit Judge from the county, the County Judge shall have power to issue orders for injunctions and other provisional writs in their counties, returnable to the court having jurisdiction; provided, that either party may have such order reviewed by any superior Judge in vacation in such manner as shall be provided by law. The County Judge shall have power, in the absence of the Circuit Judge from the county, to issue, hear and determine writs of habeas corpus, under such regulations and restrictions as shall be provided by law.

Art. VII §38 | JUSTICES OF THE PEACE — ELECTION — TERM — OATH

The qualified electors of each township shall elect the Justices of the Peace for the term of two years; who shall be commissioned by the Governor, and their official oath shall be indorsed on the commission.

Art. VII §39 | [REPEALED.]

Art. VII §40 | [REPEALED.]

Art. VII §41 | QUALIFICATIONS OF JUSTICE OF PEACE

A Justice of the Peace shall be a qualified elector and a resident of the township for which he is elected.

Art. VII §42 | [REPEALED.]

Art. VII §43 | [REPEALED.]

Art. VII §44 | [REPEALED.]

Art. VII §45 | [REPEALED.]

Art. VII §46 | COUNTY EXECUTIVE OFFICERS — COMPENSATION OF COUNTY ASSESSOR

The qualified electors of each county shall elect one (1) sheriff, who shall be ex officio collector of taxes, unless otherwise provided by law; one (1) assessor, one (1) coroner, one (1) treasurer, who shall be ex officio treasurer of the common school fund of the county, and one (1) county surveyor for the term of four (4) years, with such duties as are now or may be prescribed by law provided that no per centum shall ever be paid to assessors upon the valuation or assessment of property by them. If a separate collector of taxes has been created by law for a county, the qualified electors of that county shall elect one (1) collector of taxes for a term of four (4) years, with duties as provided by law.

Art. VII §47 | CONSTABLES — TERM OF OFFICE — CERTIFICATE OF ELECTION

The qualified electors of each township shall elect the Constable for the term of two years, who shall be furnished, by the presiding Judge of the County Court, with a certificate of election, on which his official oath shall be indorsed.

Art. VII §48 | COMMISSIONS OF OFFICERS

All officers provided for in this article, except Constables, shall be commissioned by the Governor.

Art. VII §49 | STYLE OF PROCESS AND OF INDICTMENTS

All writs and other judicial process, shall run in the name of the State of Arkansas, bear test and be signed by the clerks of the respective courts from which they issue. Indictments shall conclude:

“Against the peace and dignity of the State of Arkansas.”

Art. VII §50 | [REPEALED.]

Art. VII §51 | APPEALS FROM COUNTY OR MUNICIPAL ALLOWANCES — BOND

That in all cases of allowances made for or against counties, cities or towns, an appeal shall lie to the Circuit Court of the county, at the instance of the party aggrieved, or on the intervention of any citizen or resident and tax payer of such county, city or town, on the same terms and conditions on which appeals may be granted to the Circuit Court in other cases; and the matter pertaining to any such allowance shall be tried in the Circuit Court de novo. In case an appeal be taken by any citizen, he shall give a bond, payable to the proper county, conditioned to prosecute the appeal, and save the county from costs on account of the same being taken.

Art. VII §52 | APPEALS IN ELECTION CONTESTS

That in all cases of contest for any county, township, or municipal office, an appeal shall lie at the instance of the party aggrieved, from any inferior board, council, or tribunal to the Circuit Court, on the same terms and conditions on which appeals may be granted to the Circuit Court in other cases, and on such appeals the case shall be tried de novo.

Art. VII §53 | COUNTY OFFICERS INELIGIBLE TO CIVIL OFFICE

A person elected or appointed to any of the following county offices shall not, during the term for which he or she has been elected, be appointed or elected to any civil office in this state:

(1) County judge;

(2) Justice of the peace;

(3) Sheriff;

(4) Circuit clerk;

(5) County clerk;

(6) Assessor;

(7) Coroner;

(8) Treasurer;

(9) County surveyor; or

(10) Collector of taxes.

Congratulations! You're now booked up on Article VII of the Arkansas Constitution!

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Nevertheless – and as always – please get the justice you deserve.

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ARKANSAS CONSTITUTIONARTICLE VIIJUDICIAL DEPARTMENT

Art. VII §1 | [REPEALED.]

Art. VII §2 | [REPEALED.]

Art. VII §3 | [REPEALED.]

Art. VII §4 | [REPEALED.]

Art. VII §5 | [REPEALED.]

Art. VII §6 | [REPEALED.]

Art. VII §7 | [REPEALED.]

Art. VII §8 | [REPEALED.]

Art. VII §9 | [REPEALED.]

Art. VII §10 | [REPEALED.]

Art. VII §11 | [REPEALED.]

Art. VII §12 | [REPEALED.]

Art. VII §13 | [REPEALED.]

Art. VII §14 | [REPEALED.]

Art. VII §15 | [REPEALED.]

Art. VII §16 | [REPEALED.]

Art. VII §17 | [REPEALED.]

Art. VII §18 | [REPEALED.]

Art. VII §19 | CIRCUIT CLERKS — ELECTION — TERM OF OFFICE — EX OFFICIO DUTIES — COUNTY CLERKS ELECTED IN CERTAIN COUNTIES

Art. VII §20 | [REPEALED.]

Art. VII §21 | [REPEALED.]

Art. VII §22 | [REPEALED.]

Art. VII §23 | CHARGE TO JURIES

Art. VII §24 | [REPEALED.]

Art. VII §25 | [REPEALED.]

Art. VII §26 | PUNISHMENT OF INDIRECT CONTEMPT PROVIDED FOR BY LAW

Art. VII §27 | REMOVAL OF COUNTY AND TOWNSHIP OFFICERS — GROUNDS

Art. VII §28 | COUNTY COURTS — JURISDICTION — SINGLE JUDGE HOLDING COURT

Art. VII §29 | COUNTY JUDGE — ELECTION — TERM — QUALIFICATIONS

Art. VII §30 | QUORUM COURT — COUNTY JUDGE AND JUSTICES OF PEACE

Art. VII §31 | COUNTY COURT — TERMS

Art. VII §32 | [REPEALED.]

Art. VII §33 | APPEALS FROM COUNTY AND COMMON PLEAS COURTS

Art. VII §34 | [REPEALED.]

Art. VII §35 | [REPEALED.]

Art. VII §36 | SPECIAL JUDGES OF COUNTY OR PROBATE COURTS

Art. VII §37 | COMPENSATION OF COUNTY JUDGE — POWERS DURING ABSENCE OF CIRCUIT JUDGE

Art. VII §38 | JUSTICES OF THE PEACE — ELECTION — TERM — OATH

Art. VII §39 | [REPEALED.]

Art. VII §40 | [REPEALED.]

Art. VII §41 | QUALIFICATIONS OF JUSTICE OF PEACE

Art. VII §42 | [REPEALED.]

Art. VII §43 | [REPEALED.]

Art. VII §44 | [REPEALED.]

Art. VII §45 | [REPEALED.]

Art. VII §46 | COUNTY EXECUTIVE OFFICERS — COMPENSATION OF COUNTY ASSESSOR

Art. VII §47 | CONSTABLES — TERM OF OFFICE — CERTIFICATE OF ELECTION

Art. VII §48 | COMMISSIONS OF OFFICERS

Art. VII §49 | STYLE OF PROCESS AND OF INDICTMENTS

Art. VII §50 | [REPEALED.]

Art. VII §51 | APPEALS FROM COUNTY OR MUNICIPAL ALLOWANCES — BOND

Art. VII §52 | APPEALS IN ELECTION CONTESTS

Art. VII §53 | COUNTY OFFICERS INELIGIBLE TO CIVIL OFFICE

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