Constitution of Arkansas (2025 publisher edition) — Article 7

Publisher edition notice: This collection preserves the complete constitutional appendix of the Secretary of State’s 2025 Election Laws and Constitution compilation: its preamble, twenty original articles, schedule and 104 published amendments, including annotations and explicit repealed notices. Repealed notices remain historical publisher context. Later amendments have not been independently verified.

Article 7

ARTICLE 7
J UDICIAL DEPARTMENT
SECTION .
1 - 18. [Repealed.]
19. Circuit clerks — Election — Term of office — Ex officio
duties — County clerks elected in certain counties.
20 - 22. [Repealed.]
23. Charge to juries.
24. [Repealed.]
25. [Repealed.]
26. Punishment of indirect contempt provided for by law.
27. Removal of county and township officers — Grounds.
28. County courts — Jurisdiction — Single judge holding
court.
29. County judge — Election — Term — Qualifications.
30. Quorum court — County judge and justices of peace.
31. County court — Terms.
32. [Repealed.]
33. Appeals from county and common pleas courts.
34. [Repealed.]
35. [Repealed.]
36. Special judges of county or probate courts.
SECTION.
37. Compensation of county judge — Powers during ab-
sence of circuit judge.
38. Justices of the peace — Election — Term — Oath.
39. [Repealed.]
40. [Repealed.]
41. Qualifications of justice of peace.
42. [Repealed.]
43. [Repealed.]
44. [Repealed.]
45. [Repealed.]
46. County executive officers — Compensation of county
assessor.
47. Constables — Term of office — Certificate of election.
48. Commissions of officers.
49. Style of process and of indictments.
50. [Repealed.]
51. Appeals from county or municipal allowances —
Bond.
52. Appeals in election contests.
53. County officers ineligible to civil office.
Publisher’s Notes. Acts 1989, No. 761, § 1, provided:
“(a) From and after the passage of this act, the ‘Arkansas
Judicial Department’ shall be known and designated as the
‘Administrative Office of the Courts’, and the ‘Executive
Secretary’ of the Arkansas Judicial Department shall be
known as the ‘Director’ of the Administrative Office of the
Courts.
“(b) Any and all statutes of the State of Arkansas now in
force in which the institution now designated as ‘Arkansas
Judicial Department’ shall be construed to refer to the
‘Administrative Office of the Courts.’ Said ‘Administrative
Office of the Courts’ shall succeed to all rights and benefits
and assume all the responsibilities of said ‘Arkansas Judi-
cial Department.’
“(c) Any and all statutes of the State of Arkansas now in
force in which the official now designated as ‘executive
secretary’ of the Arkansas Judicial Department shall be
construed to refer to the ‘director’ of the Administrative
Office of the Courts. Said ‘director’ shall succeed to all
rights and benefits and assume all the responsibilities of
said ‘executive secretary.’ ” See § 16-10-102.
§§ 1 — 18. [Repealed.]
Publisher’s Notes. These sections, concerning judicial
power vested in courts, Supreme Court, increase of number
of judges, jurisdiction and powers of Supreme Court, juris-
diction to issue quo warranto, qualifications of judges of
Supreme Court, clerk and reporter, place of holding court,
special judges, compensation of Supreme Court judges and
holding dual office holding, circuit court jurisdiction, terms
of circuit court, judicial circuits, superintending control
and appellate jurisdiction over inferior courts, power to
issue writs, equity jurisdiction, qualifications of circuit
judges, election of circuit judges, term of office, compensa-
tion of circuit court judges, and holding dual office, were
repealed by Ark. Const. Amend. 80, § 22(A), effective July
1, 2001. Ark. Const., Art. 7, § 9, concerning special judges,
had been previously repealed by the passage of Ark. Const.
Amend. 77, § 3.
§ 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
608 Art. 6, § 23 CONSTITUTION OF ARKANSAS

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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. [As amended by Const. Amend. 24, § 3; Const. Amend. 95.]
Publisher’s Notes. The provisions of this section limit-
ing the election of a separate county clerk to those counties
having a population exceeding 15,000 inhabitants were
abolished by Ark. Const. Amend. 41.
Ark. Const. Amend. 24, § 3, added the words “until
otherwise provided by the General Assembly.”
Amendment 80 to the Arkansas Constitution, effective
July 1, 2001, established circuit courts as the trial courts of
original jurisdiction of all justiciable matters not otherwise
assigned pursuant to the Constitution and specifically
provided that “jurisdiction conferred on Circuit Courts
established by this Amendment includes all matter previ-
ously cognizable by Circuit, Chancery, Probate and Juve-
nile Courts…”.
Ark. Const. Amend. 95, which amended this section
effective January 1, 2017, was proposed by H.J.R. 1027
during the 2015 Regular Session and adopted at the
November 2016 general election by a vote of 747,856 for
and 317,093 against. The amendment substituted “four (4)
years” for “two years”, inserted “for the term of four (4)
years”, and made stylistic changes.
Amend. 95, § 8(b) and (c), provided:
“(b) Persons elected to the following offices at the 2016
general election shall serve terms of two (2) years:
“(1) County judge;
“(2) Sheriff;
“(3) Circuit clerk;
“(4) County clerk;
“(5) Assessor;
“(6) Coroner;
“(7) Treasurer;
“(8) County surveyor; and
“(9) Collector of taxes.
“(c) Persons elected to the following offices at the 2018
general election shall serve terms of four (4) years:
“(1) County judge;
“(2) Sheriff;
“(3) Circuit clerk;
“(4) County clerk;
“(5) Assessor;
“(6) Coroner;
“(7) Treasurer;
“(8) County surveyor; and
“(9) Collector of taxes.”
§§ 20 — 22. [Repealed.]
Publisher’s Notes. These sections, concerning disquali-
fication of judges, special judges of circuit courts, and
exchange of circuits, were repealed by Ark. Const. Amend.
80, § 22(A), effective July 1, 2001. Ark. Const., Art. 7,
§§ 21 and 22, had been previously repealed by the passage
of Ark. Const. Amend. 77, § 3.
§ 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.
§ 24. [Repealed.]
Publisher’s Notes. This section, concerning prosecut-
ing attorneys, was repealed by Ark. Const. Amend. 80,
§ 22(A), effective July 1, 2001.
§ 25. [Repealed.]
Publisher’s Notes. This section, concerning judges de-
barred from practice, was repealed by Ark. Const. Amend.
80, § 22(A), effective July 1, 2001.
§ 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.
§ 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.
609 Art. 7, § 27 JUDICIAL DEPARTMENT

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§ 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.
Publisher’s Notes. As to jurisdiction of matters relat-
ing to juveniles and bastardy, see Amendment 67.
§ 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. [As amended by Const. Amend. 95.]
Publisher’s Notes. Ark. Const. Amend. 95, which
amended this section effective January 1, 2017, was pro-
posed by H.J.R. 1027 during the 2015 Regular Session and
adopted at the November 2016 general election by a vote of
747,856 for and 317,093 against. The amendment substi-
tuted “four (4) years” for “two years” in the first sentence,
substituted “an individual” for “a man” in the second
sentence, and made stylistic changes throughout.
Amend. 95, § 8(b) and (c), provided:
“(b) Persons elected to the following offices at the 2016
general election shall serve terms of two (2) years:
“(1) County judge;
“(2) Sheriff;
“(3) Circuit clerk;
“(4) County clerk;
“(5) Assessor;
“(6) Coroner;
“(7) Treasurer;
“(8) County surveyor; and
“(9) Collector of taxes.
“(c) Persons elected to the following offices at the 2018
general election shall serve terms of four (4) years:
“(1) County judge;
“(2) Sheriff;
“(3) Circuit clerk;
“(4) County clerk;
“(5) Assessor;
“(6) Coroner;
“(7) Treasurer;
“(8) County surveyor; and
“(9) Collector of taxes.”
§ 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.
§ 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.
§ 32. [Repealed.]
Publisher’s Notes. This section, concerning courts of
common pleas, was repealed by Ark. Const. Amend. 80,
§ 22(A), effective July 1, 2001.
§ 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.
610 Art. 7, § 28 CONSTITUTION OF ARKANSAS

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§ 34. [Repealed.]
Publisher’s Notes. This section, concerning probate
courts, was repealed by Ark. Const. Amend. 80, § 22(A),
effective July 1, 2001. This section, as amended by Ark.
Const. Amend. 24, § 1, was repealed by Ark. Const.
Amend. 80, § 22(B).
§ 35. [Repealed.]
Publisher’s Notes. This section, concerning appeals
from probate court, was repealed by Ark. Const. Amend.
80, § 22(A), effective July 1, 2001. This section, as
amended by Ark. Const. Amend. 24, § 2, was repealed by
Ark. Const. Amend. 80, § 22(B).
§ 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.
Publisher’s Notes. Amendment 80 to the Arkansas
Constitution, effective July 1, 2001, established circuit
courts as the trial courts of original jurisdiction of all
justiciable matters not otherwise assigned pursuant to the
Constitution and specifically provided that “jurisdiction
conferred on Circuit Courts established by this Amend-
ment includes all matter previously cognizable by Circuit,
Chancery, Probate and Juvenile Courts…”.
§ 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.
Publisher’s Notes. Amendment 80 to the Arkansas
Constitution, effective July 1, 2001, established circuit
courts as the trial courts of original jurisdiction of all
justiciable matters not otherwise assigned pursuant to the
Constitution and specifically provided that “jurisdiction
conferred on Circuit Courts established by this Amend-
ment includes all matter previously cognizable by Circuit,
Chancery, Probate and Juvenile Courts…”.
§ 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.
§ 39. [Repealed.]
Publisher’s Notes. This section, concerning number of
justices of the peace in each township, was repealed by
Ark. Const. Amend. 80, § 22(A), effective July 1, 2001.
§ 40. [Repealed.]
Publisher’s Notes. This section, concerning jurisdiction
of justices of the peace, was repealed by Ark. Const.
Amend. 80, § 22(A), effective July 1, 2001.
611 Art. 7, § 40 JUDICIAL DEPARTMENT

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§ 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.
§ 42. [Repealed.]
Publisher’s Notes. This section, concerning appeals
from justices of the peace, was repealed by Ark. Const.
Amend. 80, § 22(A), effective July 1, 2001.
§ 43. [Repealed.]
Publisher’s Notes. This section, concerning corporation
courts for towns and cities, was repealed by Ark. Const.
Amend. 80, § 22(C), effective January 1, 2005.
§ 44. [Repealed.]
Publisher’s Notes. This section, concerning the Pulaski
Chancery Court, was repealed by Ark. Const. Amend. 80,
§ 22(A), effective July 1, 2001.
§ 45. [Repealed.]
Publisher’s Notes. This section, concerning the abol-
ishment of separate criminal courts, was repealed by Ark.
Const. Amend. 80, § 22(A), effective July 1, 2001.
§ 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. [As amended by Const. Amend. 95.]
Publisher’s Notes. Ark. Const. Amend. 95, which
amended this section effective January 1, 2017, was pro-
posed by H.J.R. 1027 during the 2015 Regular Session and
adopted at the November 2016 general election by a vote of
747,856 for and 317,093 against. The amendment, in the
first sentence, substituted “four (4) years” for “two years”
and made stylistic changes, and added the second sen-
tence.
Amend. 95, § 8(b) and (c), provided:
“(b) Persons elected to the following offices at the 2016
general election shall serve terms of two (2) years:
“(1) County judge;
“(2) Sheriff;
“(3) Circuit clerk;
“(4) County clerk;
“(5) Assessor;
“(6) Coroner;
“(7) Treasurer;
“(8) County surveyor; and
“(9) Collector of taxes.
“(c) Persons elected to the following offices at the 2018
general election shall serve terms of four (4) years:
“(1) County judge;
“(2) Sheriff;
“(3) Circuit clerk;
“(4) County clerk;
“(5) Assessor;
“(6) Coroner;
“(7) Treasurer;
“(8) County surveyor; and
“(9) Collector of taxes.”
§ 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.
612 Art. 7, § 41 CONSTITUTION OF ARKANSAS

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§ 48. Commissions of officers.
All officers provided for in this article, except Constables, shall be commissioned by the
Governor.
§ 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.”
§ 50. [Repealed.]
Publisher’s Notes. This section, concerning vacancies
for judicial offices described in Ark. Const., Art. 7, was
repealed by Ark. Const. Amend. 80, § 22(A), effective July
1, 2001.
§ 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.
§ 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.
§ 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. [As added by Const. Amend. 95.]
Publisher’s Notes. Ark. Const. Amend. 95, which
added this section effective January 1, 2017, was proposed
by H.J.R. 1027 during the 2015 Regular Session and
adopted at the November 2016 general election by a vote of
747,856 for and 317,093 against.
613 Art. 7, § 53 JUDICIAL DEPARTMENT

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