St. Francis District Court Standing Order
Return to Pilot District Court Page
IN THE CIRCUIT COURT OF ST. FRANCIS COUNTY, ARKANSAS
IN RE: ST. FRANCIS COUNTY PILOT DISTRICT COURT JURISDICTION
STANDING ORDER
(Effective July 1, 2009)
WHEREAS, the Amended Administrative Plan adopted by the Circuit Judges of the First Judicial Circuit of Arkansas was submitted to the Arkansas Supreme Court to establish appropriate guidelines to take advantage of Section 6(b) of the Arkansas Supreme Court’s Administrative Order Number 18; and
WHEREAS, it is anticipated that the Arkansas Supreme Court will approve the Amended and Supplemental Plan of the First Judicial Circuit by the effective date of this Standing Order which will be July 1, 2009; and
WHEREAS, the majority of the Circuit Judges of the First Judicial Circuit concur that the Administrative Judge of the First Judicial Circuit may refer by Standing Order a portion of the matters set forth in Section 6(b) of Administrative Order Number 18 within the territorial jurisdiction of St. Francis County to the duly elected District Court Judge of St. Francis County as provided in Section 6(c) of Administrative Order Number 18;
THE COURT HEREBY FINDS, ADJUDICATES, ORDERS, AND DECREES as follows:
1. The St. Francis County Pilot District Court Judge shall hear and/or enter orders in the following listed matters pending in the civil, domestic relations, probate, and criminal divisions of the St. Francis County Circuit Court:
A. Civil Matters:
A.1. Uncontested, by virtue of a default or consent, civil debt collection cases;
A.2. Uncontested, by virtue of a default or consent, garnishments;
A.3. Uncontested, by virtue of a default or consent, requests for Order of Forcible Entry;
A.4. Pretrial hearings for Forcible Entry and Unlawful Detainer actions pursuant to Arkansas Code Annotated §18-60-60-307 (c-e) on a defendant’s objection to a writ of possession;
B. Domestic Relations:
B.1. Pre-divorce agreed temporary orders;
B.2. Post-divorce agreed modifications to decrees;
B.3. Ex Parte Petitions for Temporary Orders of Protection to determine if probable cause exists to enter a Temporary Order of Protection;
B.4. Child Support Enforcement Unit’s Petitions to Show Cause to determine if probable cause exists to enter Orders to Show Cause.
B.5. The Pilot District Court Judge shall not schedule hearing dates in any of the above matters except with regards to B.3 and B.4.
C. Juvenile:
C.1. Post-adjudication agreed modifications to orders regarding child support only;
C.2. Child Support Enforcement Unit’s Petitions to Show Cause to determine if probable cause exists to enter Orders to Show Cause.
C.3. The Pilot District Court Judge shall not schedule hearing dates in any of the above matters except with regards to C.2.
D. Probate:
D.1. Probable cause hearings to determine if a respondent should be held and transported to circuit court for an involuntary commitment hearing;
E. Criminal:
E.1. Issue search warrants pursuant to Rule 13.1 of the Arkansas Rules of Criminal Procedure;
E.2. Issue arrest warrants pursuant to Rule 7.1 of the ARCrP or Arkansas Code Annotated §16-81-104, or issue a summons pursuant to Rule 6.1 of the ARCrP;
E.3. Make reasonable cause determinations pursuant to Rule 4.1(e) of the ARCrP;
E.4. Conduct first appearance hearings pursuant to Rule 8.1 of the ARCrP, at which time the District Court Judge may appoint counsel pursuant to Rule 8.2; inform a defendant pursuant to Rule 8.3; accept a plea of “not guilty” or “not guilty by reason of insanity”; conduct a pretrial inquiry pursuant to Rules 8.4 and 8.5; or release a defendant from custody pursuant to Rules 9.1, 9.2, and 9.3;
E.5. Conduct a preliminary hearing as provided in Ark. Code Ann. §5-4-310(a).
E.6. If a person is charged with the commission of an offense lying within the exclusive jurisdiction of the circuit court, the Pilot District Court Judge shall not accept or approve a plea of guilty or nolo contendere to the offense charged or to a lessor included offense.
2. The St. Francis County Pilot District Court Judge shall establish regular days to hear said referred matter and shall provide notice to all attorneys within the First Judicial Circuit of the time and place of these regular days.
3. A copy of this Standing Order shall be filed of record in an appropriate Miscellaneous Record Book by the St. Francis County Circuit Clerk evidencing the authority being vested in the St. Francis County Pilot District Court Judge by the majority of the First Judicial Circuit Judges pursuant to section (6)(c) of the Administrative Order Number 18 of the Arkansas Supreme Court as reflected herein.
4. The book and page number of the recordation of this Standing Order shall be provided to the St. Francis County Pilot District Court Judge so that reference to same will be placed upon each of the Orders issued in matters referred to him or her, said orders shall be placed in each Circuit Court file.
5. The jurisdiction of the St. Francis County Pilot District Court Judge to conduct trials pursuant to Section 6(d), Consent Process, is hereby withheld by the Circuit Judges. Jurisdiction over matters referred herein is limited to the duly elected St. Francis County Pilot District Court Judge and does not extend to any District Court Judge who may sit, on exchange, for the duly elected St. Francis County Pilot District Court Judge.
6. Pursuant to Administrative Order Number 18, the Arkansas Supreme Court has conferred upon the St. Francis County Pilot District Court original jurisdiction within its territorial jurisdiction over the following civil matters:
6.1. Exclusive of the circuit court in all matters of contract where the amount in controversy does not exceed the sum of one hundred dollars ($100.00), excluding interest, costs, and attorney’s fees;
6.2. Concurrent with the circuit court in all matters of contract where the amount in controversy does not exceed the sum of twenty-five thousand dollars ($25,000.00), excluding interest, costs, and attorney’s fees;
6.3. Concurrent with the circuit court in actions for the recovery of personal property where the amount in controversy does not exceed the sum of twenty-five thousand dollars ($25,000.00);
6.4. Concurrent with the circuit court in matters of damage to personal property where the amount in controversy does not exceed the sum of twenty-five thousand dollars ($25,000.00), excluding interest and costs.
7. Orders signed by the St. Francis County District Court Judge shall have the same force, effect, and application as though signed and executed by any of the Circuit Court Judges of the First Judicial Circuit. A decision of the St. Francis County District Court Judge is final and binding and is subject only to a right of appeal to the Circuit Judge to whom the case has been assigned. A party may appeal the decision of the St. Francis County District Court Judge by filing a motion within ten (10) days of the decision. Copies shall be served on all other parties and the District Court Judge. The motion shall specifically state the rulings excepted to and the basis for the exceptions. The Circuit Judge may reconsider any maters sua sponte. The Circuit Judge shall affirm the findings of the District Court Judge unless they are found to be clearly erroneous or contrary to law.
8. With regards to the disposition of uncontested matters, including agreed orders, it is anticipated that the normal time frame in which the District Court Judge should dispose of such matters, by either by the signing of the judgment/order or the return of the documentation to the submitted attorney, should be no longer than seven days. With regards to all other matters referred to the District Court Judge, all such matters should be addressed and disposed of in a timely fashion.
IT IS SO ORDERED THIS 1st DAY OF JULY, 2009.
BENTLEY E. STORY, CIRCUIT JUDGE
Administrative Judge
First Judicial Circuit of Arkansas