The 88th General Assembly
has convened the 2012 fiscal session

Thursday, May 28, 2009

Arkansas Supreme Court Per Curiam issued today on unpublished opinions

The Arkansas Supreme Court issued a Per Curiam today that is significant in a couple of respects. First, it makes Arkansas the first state in the union to publish and distribute the official report of its appellate decisions electronically. Several on the court have been instrumental in moving Arkansas Judiciary towards a fully automated system, particularly Justice Paul Danielson. The electronic publication is also possible due to Act 221 of 2009, which I sponsored and carried through the legislature.

The Per Curiam also abandons the distinction between published and unpublished opinions and makes every Supreme Court and Court of Appeals opinion issued after July 1, 2009, precedent. This is thanks in large part to Sen. Robert Thompson (D-Paragould), who sponsored legislation that mandated this very thing as applied to opinions from the Arkansas Court of Appeals. He sponsored Act 162 of 2009, and I carried it for him in the House. There were some who questioned Act 162's constitutionality, so this Per Curiam puts to rest the possibility of a challenge on the act. This will also ensure that all opinions released after July 1 will have precedential value for future analogous cases before appellate courts in the state.

Here's a link to the Per Curiam, and here's a link to an article published in a blog dedicated to Arkansas appellate practice.