SB235: one of my five "campaign promises"

We filed SB235 this morning over in the Senate, which is the product of the recent Legislative Task Force on District Courts, of which I was a member (click here for the committee's final report). This legislation essentially overhauls the district court system and creates a uniform three-tier judicial system in Arkansas. District courts are accessed by more people than any other court in Arkansas, and it is the only interaction many people have with our judicial system.

It is lengthy (67 pages), and we did consider chopping it up into three or four separate bills but didn't want to risk one or two items failing to pass. Over time, this proposal could consolidate the 219 district and city courts we currently have into a more manageable number consistent with the wishes of the people when we enacted Amendment 80 in 2000 (all the while ensuring that local court will still be held in the same areas that currently exist). Rather than having each legislator fight for the salary of his or her district judge (the current pracitce), the salaries will be equal, as will the caseload for each district. The most important part is that it is "revenue neutral."

There is currently some opposition to the bill, mainly from the Arkansas Municipal League, but I believe that the proposal will not adversely affect any cities or counties financially. The funding system that is created by this legislation is fair to both the state and other politicial subdivisions. It allows the cities and counties to keep 100% of all revenue and fines collected from the court, with the exception of the adjustment from the cost-sharing formula. The cost-sharing formula is such that the state and local governments within the county equally share in the salary of the district judge, and the state will be responsible for all benefits.

The legislation implements a pilot program to begin in 2008, and the recommendations of the task force include suggesting that the Arkansas Supreme Court adopt an administrative rule dealing with expanded subject matter jurisdiction. In the event the pilot programs is converted to a statewide program, the goal is full state funding of the district judges. This legislation will put us on the road to creating an equal and uniform three-tiered court system in Arkansas.