The following information is the result of our researching for a case that was filed at the 9th State District Court in error. This information was originally published as posts in the Lawful Living website. We found out that the content will be moved to a new server and we wanted to make sure the information is in a place that is easily accessible to follow through with our Private Ministerial Action process.
“When acting to enforce a statute and its subsequent amendments to the present date, the judge of the municipal court is acting as an administrative officer and not in a judicial capacity; courts in administering or enforcing statutes do not act judicially, but merely ministerially”. Thompson v. Smith, 154 SE 583.
Court Record Requests:
In the State of Arkansas, the **Freedom of Information Act (FOIA)** outlines the rules and regulations regarding public records requests. According to **Arkansas Code § 25-19-105**, public records shall be open to inspection and copying by any citizen of the State of Arkansas during the regular business hours of the custodian of the records¹[8]. The code does not specify a strict time frame for responding to a request for records, but it implies that the response should be provided during regular business hours and without unreasonable delay.
For the **City of Conway**, the search did not yield specific city codes regarding time constraints for public officers responding to a request for records. It’s possible that the city follows the state’s FOIA guidelines, but for the most accurate information, it would be best to consult the City of Conway’s administration directly.
Regarding **Faulkner County**, there were no specific charter provisions found in the search results that detail time constraints for public officers responding to a request for records. However, county offices typically adhere to state laws regarding public records, so the state’s FOIA guidelines would likely apply.
For detailed and specific information, it’s advisable to contact the relevant public office directly or consult with a legal professional. They can provide the most current and applicable rules and regulations for their respective jurisdictions.
Source: Conversation with Bing, 2024-04-26
(1) § 25-19-105 – Examination and copying of public records.. https://law.justia.com/codes/arkansas/2010/title-25/chapter-19/25-19-105/.
(2) Code of Ordinances | Conway, SC | Municode Library. https://library.municode.com/sc/conway/codes/code_of_ordinances.
(3) Welcome to City of Conway, SC. https://www.conwaysc.gov/departments/administration_new/index.php.
(4) Municode Library. https://library.municode.com/ar/conway.
(5) Welcome to City of Conway, SC. https://www.conwaysc.gov/departments/public_works/index.php.
(6) Circuit Clerk – Faulkner County, Arkansas. https://www.faulknercounty.org/government/departments/circuit-clerk.
(7) Search Records – Faulkner County Circuit Clerk. https://www.faulknercircuitclerk.com/searchrecords/.
(8) Agencies Must Provide a “Reasonable Time Estimate” in their 5-day …. https://mrsc.org/stay-informed/mrsc-insight/january-2017/agencies-must-provide-a-reasonable-time-estimate.
(9) Arkansas Freedom of Information Act – Arkansas Department of Public Safety. https://www.dps.arkansas.gov/law-enforcement/arkansas-state-police/services-programs/alerts/arkansas-freedom-of-information-act-requests/.
(10) 20th Edition 2022 The Arkansas FREEDOM OF – Arkansas Attorney General. https://arkansasag.gov/wp-content/uploads/2022-FOIA-Handbook-20th-Edition.pdf.
(11) undefined. https://asp.arkansas.gov/services-and-programs/detail/crash-records.
(12) undefined. https://arkansasag.gov/arkansas-lawyer/opinions-department/arkansas-freedom-of-information-act/.
(13) undefined. https://www.dps.arkansas.gov/wp-content/upload.
(14) undefined. https://www.faulknecircuitclerk.com.
___________________________________________________________
The **Administrative Office of the Courts (AOC)** in **Arkansas** serves as an agency within the judicial branch of government, providing support to the state courts on behalf of the **Arkansas Supreme Court**². Here are some key details:
– **Location**: The AOC is situated at **625 Marshall Street, Suite 1100, Little Rock, AR 72201**²³.
– **Director**: The current director of the AOC is **Marty Sullivan**, who can be reached at **(501) 682-9400**²⁴.
– **Functions**: The AOC plays a crucial role in enhancing public access to Arkansas’s courts and criminal justice agencies. It provides information about cases, oral arguments, opinions, orders, dockets, history, and technology services².
– **Recent Recognition**: In 2023, the AOC was honored as the **State Government Champion** by **Amazon Web Services**².
For more detailed information, you can visit the [official Arkansas Judiciary website](https://www.arcourts.gov/). If you have any specific inquiries, feel free to reach out to the AOC directly! 🏛️🌟
Source: Conversation with Bing, 2024-04-15
(1) Arkansas Judiciary – arcourts.gov. https://www.arcourts.gov/.
(2) Administrative Office of the Courts – Arkansas State Legislature. https://www.arkleg.state.ar.us/Budget/Agency?code=0023&ddBienniumSession=2021%2F2021R.
(3) Contact Information | Arkansas Judiciary. https://www.arcourts.gov/administration/contact.
(4) . https://bing.com/search?q=administrative+office+of+courts+arkansas.
________________________________________________________
Conway Civil Service Commission Rules and Regulations: https://docs.google.com/gview?url=https://media.conwayarkansas.gov/conwayarkansas-media/documents/CCSC_Rules__Regulations_12.05.2022.pdf
In the **State of Arkansas**, the **Uniform Rules of Evidence** govern proceedings in the courts. Let’s explore some key provisions:
1. **Rule 401 – Definition Of “#RelevantEvidenceAR“**:
– All relevant evidence is admissible, except as otherwise provided by statute or by these rules or by other rules applicable in the courts of this state. Evidence that is not relevant is not admissible¹².
2. **Rule 402 – Relevant Evidence Generally Admissible – Irrelevant Evidence Inadmissible**:
– This rule reinforces the admissibility of relevant evidence while excluding irrelevant evidence. Essentially, if evidence is relevant to the case, it is generally admissible unless there are specific exceptions¹².
3. **Rule 403 – Exclusion Of Relevant Evidence On Grounds Of Prejudice, Confusion, Or Waste Of Time**:
– Relevant evidence may still be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion, or waste of time¹².
4. **Rule 602 – #LackofPersonalKnowledgeAR**:
– Witnesses may testify only if they have personal knowledge of the matter. This rule ensures that witnesses provide accurate and firsthand information¹².
5. **Rule 701 – Opinion Testimony By Lay Witnesses**:
– Lay witnesses (non-experts) can offer opinion testimony if it is based on their perception and helpful to understanding the facts of the case¹².
6. **Rule 702 – Testimony By Experts**:
– Experts may provide opinion testimony based on their specialized knowledge, skill, experience, training, or education. Their testimony assists the trier of fact in understanding complex issues¹².
Remember that these rules ensure fairness, accuracy, and efficiency in legal proceedings within the state of Arkansas. If you need further details or have specific questions, consult the official Arkansas Rules of Evidence¹².
Source: Conversation with Bing, 2024-04-09
(1) Arkansas Court Rules | Arkansas Rules of Evidence | Casetext. https://casetext.com/rule/arkansas-court-rules/arkansas-rules-of-evidence.
(2) Uniform Rules of Evidence. :: 2010 Arkansas Code – Justia Law. https://law.justia.com/codes/arkansas/2010/title-16/subtitle-4/chapter-41/16-41-101/.
(3) Rules of the Supreme Court and Court of Appeals of the State of Arkansas. https://www.arcourts.gov/content/rules-supreme-court-and-court-appeals-state-arkansas.
________________________________________________
Getting Closer!!! It is odd we never found this sooner!
[Edited]
#SettmentofClaim #CityofConway #Arkansas @kingzelanteam
Chapter 7.20 – CLAIMS AGAINST CITY
7.20.02 – Settlement of claims.
All persons having claims against the city may file them with the Clerk/Treasurer. The Clerk/Treasurer shall present them to the city council. The city council may grant a hearing for the claimant and
authorize a settlement.
https://library.municode.com/ar/conway/codes/code_of_ordinances?nodeId=TIT7PUPESAMO_CH7.20CLAGCI
Chapter 2.28 – CIVIL SERVICE COMMISSION
2.28.01 – Civil service commission established.
The Uniform Employee Code, Ord. No. O-01-13, any ordinance and amendment thereto specifically Ord. No. O-01-47, Ord. No. O-02-48, and Ord. No. O-05-83, and resolutions, rules and/or regulations pertinent thereto specifically Res. R-02-17, and any and all codes, ordinances, resolutions, rules and regulations that have even promulgated by the city to govern the uniform employees of the city of those issues and procedures which shall be hence forth under the authority of the Civil Service Commission as created by Ord. No. O-06-24, are hereby repealed in their entirety.
(Ord. No. O-06-42, Sec. 1)
2.28.03 – Terms.
The appointments and terms of service of the Civil Service Commissioners shall be pursuant to A.C.A. § 14-51-201 as follows:
A. One (1) shall hold office until the first Monday in April of the second year after his or her appointment;
B. One (1) shall hold office until the first Monday in April of the fourth year after his or her appointment;
C. One (1) shall hold office until the first Monday in April of the sixth year after his or her appointment;
D. One (1) shall hold office until the first Monday in April of the eighth year after his or her appointment;
E. One (1) shall hold office until the first Monday in April of the tenth year after his or her appointment.
(Ord. No. O-06-51, Sec. 2)
2.28.04 – Qualifications.
Commissioners shall meet the requirements and qualifications enumerated in A.C.A. § 14-51-202, as amended, as follows:
A. The Commissioners shall be citizens of the State of Arkansas and residents of the city for more than three (3) years preceding their appointments.
B. No person on the Commission shall hold, or be a candidate for, any political office under any national, state, county, or municipal government or be connected in any way in any official capacity with any political party or political organization.
C. No person shall be eligible as a member of the Board who at the time of this election shall hold any office.
D. The Commissioners shall be familiar with these statutes, civil rights laws, and all other state and federal public employment laws.
(Ord. No. O-06-51, Sec. 3)
2.28.05 – Powers.
The Civil Service Commission shall conduct its affairs, derive its powers and be governed by the requirements of A.C.A. §§ 14-51-201—14-51-311, as amended.
(Ord. No. O-06-51, Sec. 4)
2.28.06 – Enforcing rules.
Pursuant to A.C.A. § 14-51-301, the Commission provided for in this ordinance shall be prescribe, amend, and enforce rules and regulations governing the Fire and Police Departments.
___________________________
Chapter 2.20 – DISTRICT COURT
2.20.01 – District court created; jurisdiction of.
There is hereby created in and for the city a District Court which shall be known as the “District Court of Conway, Arkansas”. Such court shall be a court of record, with a seal as provided by law. Said District Court shall exercise all jurisdiction now conferred upon it or which may hereafter be conferred upon it by the laws of the State of Arkansas and more particularly by Act No. 60 of the Acts of the General Assembly of the State of Arkansas for the year 1927 and the amendments thereto.
(Ord. No. A-161, Sec. 1)
2.20.02 – District judge.
Said District Court shall be held by one (1) District Judge whose term of office shall be for four (4) years and until his successor is elected and qualified.
The District Judge shall possess all of the qualifications now prescribed by the general laws of the State of Arkansas in such cases.
(Ord. No. A-161, Sec. 2)
2.20.03 – Assessment of court costs and collection of fines.
A. From and after the passage of this ordinance, the District Court Judge shall assess as costs against a person prosecuted by the City Attorney or his Deputy City Attorney for violations of state laws committed within the corporate limits of the city, and for all violations of the ordinances of the city, the sum of ten dollars ($10.00) for so long as said sum does not exceed those costs which are allowed prosecuting attorneys or their deputies in this state in criminal cases prosecuted by said Prosecuting Attorney. All costs so assessed shall be paid to the City of Conway.
B. That there is hereby authorized an alternative method of time payment allocation of fines and court costs by the Conway District Court whereby all time payments shall be allocated fifty percent (50%) to court costs and fifty percent (50%) to fines. Whenever either court costs or fines are fully paid, all remaining time payments shall be allocated to remaining amounts due.
C. The City of Conway hereby designates the District Court as primarily responsibility for collection of fines assessed in the District Court effective March 21, 2005. Such collections shall take place during normal business hours of operation. The Faulkner County Sheriff’s Office shall be designated to accept collections at night and on weekends, as they have done in the past.
(Ord. No. O-81-29, Sec. 1; Ord. No. O-93-55, Sec. 1; Ord. No. O-05-21, Sec. 1) 2.20.04 – General powers.
All other matters pertaining to said court including costs of actions, penalties, fines, fees and forfeitures and all other matters not herein specifically provided for shall be governed by the general laws of the State of Arkansas pertaining to such courts and such general provisions are hereby adopted unless changed by other ordinances of this city whether already enacted or hereafter passed.
(Ord. No. O-81-30, Sec. 1)
______________________________________
**Act No. 60 of the Acts of the General Assembly of the State of Arkansas for the year 1927** is a historical legislative document. While electronic copies of the uncodified acts are not available online, you can obtain copies from the following sources:
1. **Supreme Court Library**
2. **Secretary of State**
3. **University of Arkansas at Fayetteville School of Law Library**
4. **University of Arkansas at Little Rock Bowen School of Law Library**
These repositories should have the information you’re seeking. Feel free to reach out to them for access to Act No. 60 and any amendments related to it. 📜🔍
For further details, you can explore the **Uncodified Historic Legislation** index maintained by the **Arkansas Bureau of Legislative Research**¹.
Source: Conversation with Bing, 2024-04-08
(1) Uncodified Historic Legislation – Arkansas State Legislature. https://www.arkleg.state.ar.us/ArkansasLaw/HistoricLegislation.
(2) Acts passed at the … session of the General Assembly of the state of …. https://lawcat.berkeley.edu/record/287709.
(3) Acts of the … General Assembly of the state of Arkansas. – Berkeley Law. https://lawcat.berkeley.edu/record/184525.
Comments:
Certainly! In the **Federal Rules of Evidence (FRE)**, **Rule 602** addresses the **Need for Personal Knowledge**. According to this rule, a witness may testify to a matter only if there is evidence introduced to support a finding that the witness has **personal knowledge** of that matter. The evidence to prove personal knowledge may consist of the witness’s own testimony. Notably, this rule does not apply to a witness’s expert testimony under **Rule 703**¹².
Now, let’s explore the **Arkansas state rules** to find an equivalent provision. One moment, please.
Source: Conversation with Bing, 2024-04-09
(1) Rule 602. Need for Personal Knowledge | Federal Rules of Evidence | US …. https://www.law.cornell.edu/rules/fre/rule_602.
(2) Rule 602 – Need for Personal Knowledge – Federal Rules of Evidence. https://www.rulesofevidence.org/fre/article-vi/rule-602/.
(3) 28 USC App, FEDERAL RULES OF EVIDENCE, ARTICLE VI: WITNESSES. https://uscode.house.gov/view.xhtml?path=/prelim@title28/title28a/node230/article6&edition=prelim.
(4) Commonly Used Objections – FRE – Willamette University. https://willamette.edu/law/resources/student-orgs/mootcourt/pdf/commonly-used-objections—fre.pdf.
Rule 602. Need for Personal Knowledge
https://www.law.cornell.edu/rules/fre/rule_602
__________________________________________________________________________
Certainly! In the **State of Arkansas**, the **Uniform Rules of Evidence** govern proceedings in the courts. Let’s explore some key provisions:
1. **Rule 401 – Definition Of “Relevant Evidence”**:
– All relevant evidence is admissible, except as otherwise provided by statute or by these rules or by other rules applicable in the courts of this state. Evidence that is not relevant is not admissible¹².
2. **Rule 402 – Relevant Evidence Generally Admissible – Irrelevant Evidence Inadmissible**:
– This rule reinforces the admissibility of relevant evidence while excluding irrelevant evidence. Essentially, if evidence is relevant to the case, it is generally admissible unless there are specific exceptions¹².
3. **Rule 403 – Exclusion Of Relevant Evidence On Grounds Of Prejudice, Confusion, Or Waste Of Time**:
– Relevant evidence may still be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion, or waste of time¹².
4. **Rule 602 – Lack Of Personal Knowledge**:
– Witnesses may testify only if they have personal knowledge of the matter. This rule ensures that witnesses provide accurate and firsthand information¹².
5. **Rule 701 – Opinion Testimony By Lay Witnesses**:
– Lay witnesses (non-experts) can offer opinion testimony if it is based on their perception and helpful to understanding the facts of the case¹².
6. **Rule 702 – Testimony By Experts**:
– Experts may provide opinion testimony based on their specialized knowledge, skill, experience, training, or education. Their testimony assists the trier of fact in understanding complex issues¹².
Remember that these rules ensure fairness, accuracy, and efficiency in legal proceedings within the state of Arkansas. If you need further details or have specific questions, consult the official Arkansas Rules of Evidence¹².
Source: Conversation with Bing, 2024-04-09
(1) Arkansas Court Rules | Arkansas Rules of Evidence | Casetext. https://casetext.com/rule/arkansas-court-rules/arkansas-rules-of-evidence.
(2) Uniform Rules of Evidence. :: 2010 Arkansas Code – Justia Law. https://law.justia.com/codes/arkansas/2010/title-16/subtitle-4/chapter-41/16-41-101/.
(3) Rules of the Supreme Court and Court of Appeals of the State of Arkansas. https://www.arcourts.gov/content/rules-supreme-court-and-court-appeals-state-arkansas.
_________________________________________________________
#helpraymond @kingzelanteam @MalikaDulce @sunny @El Hotepsekhemwy Pero @am woman @Trinity @sharon queen of torts @Jennifer-Lynn ForceMajeure @Maverick369 @7HealstarAstrologyFirm @Lynnea
Good day dear friends in law. We need some assistance in completing this document. Am not sure what is proper to put when requesting them to void a case which is prosecuted in error. We need some guidance regarding what to put into the Memorandum of Law and Points of Authority for this document:
https://docs.google.com/document/d/1gqsHb6hxDlYs_m5XZtVWbC2OMSVb4Q7LLM-ZrF3P22Y/edit?usp=sharing
Comments:
There is no ex rel situation here so remove reference in the introduction. This is a good draft. One just has to connect the thoughts together with actual full sentences instead of making a list of points and hoping the reader gets the connection of the principles. One is requesting them to reopen and dismissed for reasons noted in the statutes and equity. All one has to explain why one is entitled to the relief requested and why the public servant fulfilling it has the duty to fulfill that request, the consequences to both parties if the request is not fulfilled and any such further relief as one wishes.
__________________________________________________________
#DutiesandPowersConwayAR #Arkansas #PolicePowers #ArkansasConstitution
[edited]
What are the City or Municipal Powers and Duties?
**Faulkner County** operates under its **Personnel Manual**, which outlines policies and practices for county employees. This manual covers various aspects, including employment, compensation, worktime, behavior, and more¹². Additionally, Faulkner County has ordinances enacted by its **Quorum Court**³.
Here are some key points from the **Faulkner County Personnel Manual**:
1. **Introduction**: The manual informs employees about operating policies and practices applicable to all county employees. Additional policies adopted by officials should not conflict with the ones in this manual¹.
2. **County as a Body Corporate**: Faulkner County is considered a body corporate for civil and political purposes. As such, it can sue, be sued, plead, and be impleaded in any court within the state¹.
3. **Officials**: Officials in Faulkner County play a crucial role in shaping policies and practices. For instance, the **Faulkner County Sheriff**, Tim Ryals, has been a resident of the county for 30 years and has extensive law enforcement experience⁴.
While I couldn’t find a specific court case analogous to the one you mentioned, the Faulkner County Personnel Manual and ordinances provide insights into the county’s governance and legal framework. For precise legal references, consulting local legal resources or county officials would be advisable. 📜🏛️.
Source: Conversation with Bing, 2024-04-06
(1) Faulkner County Personnel Manual. https://faulknercountyar.gov/images/documents/Employee_Corner/Policy%20Manual.pdf.
(2) Faulkner County Personnel Manual. https://faulknercountyreports.com/wp-content/uploads/2018/09/2017-05-23_FC-Personnel-Manual.pdf.
(3) Faulkner County Ordinances. https://www.faulknercounty.org/images/documents/Ordinances/Ordinances%202024.pdf.
(4) Officials – Faulkner County, Arkansas. https://www.faulknercounty.org/115-officials.
(5) Getty Images.
________________________________________________________
Certainly! The **City of Conway, #Arkansas** operates with various departments, each responsible for specific functions within the city. Here are some key departments and their roles:
1. **Office of the Mayor**:
– The Mayor, currently **Bart Castleberry**, leads the city administration and represents Conway in various capacities.
– Duties include policy-making, budget management, and overseeing city operations¹.
2. **Airport Department**:
– Oversees the operation and maintenance of the **Conway Municipal Airport**.
– Responsibilities include ensuring safe air travel, managing facilities, and promoting aviation-related activities¹.
3. **Animal Welfare**:
– Manages animal control, adoption services, and pet-related programs.
– Ensures the well-being of animals within the city limits¹.
4. **City Attorney**:
– Provides legal advice to the city government, drafts ordinances, and represents the city in legal matters¹.
5. **City Clerk/Treasurer**:
– Maintains official records, handles financial transactions, and manages city elections¹.
6. **Community Development**:
– Focuses on urban planning, zoning, and community enhancement.
– Works to improve the quality of life for residents and businesses¹.
7. **District Court**:
– Administers justice for municipal offenses within Conway.
– Handles traffic violations, misdemeanors, and other minor cases¹.
8. **Finance Department**:
– Manages the city’s financial resources, including budgeting, accounting, and financial reporting¹.
9. **Fire Department**:
– Provides fire protection, emergency medical services, and disaster response.
– Ensures public safety and educates the community on fire prevention¹.
10. **Human Resources**:
– Handles personnel matters, recruitment, benefits, and employee relations¹.
11. **Information Technology**:
– Manages technology infrastructure, cybersecurity, and digital services for the city¹.
12. **Parks & Recreation**:
– Maintains parks, recreational facilities, and community programs.
– Enhances leisure opportunities for residents¹.
13. **Permits & Inspections**:
– Issues permits, conducts inspections, and enforces building codes.
– Ensures compliance with construction standards¹.
14. **Planning & Development**:
– Focuses on land use planning, development regulations, and growth management.
– Shapes the city’s physical environment and promotes sustainable development¹.
15. **Police Department**:
– Ensures public safety, investigates crimes, and enforces laws.
– Collaborates with the community to prevent and address criminal activity¹.
16. **Public Works**:
– Manages infrastructure, including roads, utilities, and public facilities.
– Maintains and improves essential services for residents¹.
17. **Sanitation Department**:
– Handles waste collection, recycling, and disposal services.
– Maintains cleanliness and environmental health within the city¹.
18. **Transportation Department**:
– Focuses on transportation planning, traffic management, and road maintenance.
– Enhances mobility and connectivity for residents and visitors¹.
Additionally, the City of Conway has established various **boards, commissions, and committees** to advise the Mayor and City Council on specific interests, such as planning, historic districts, and public art. These bodies play a crucial role in shaping the city’s policies and initiatives³.
For more detailed information, you can visit the [official City of Conway website](https://conwayarkansas.gov/departments/) to explore each department’s functions and contact details¹..
Source: Conversation with Bing, 2024-04-05
(1) Departments | City of Conway, Arkansas. https://conwayarkansas.gov/departments/.
(2) Apply for a Board | City of Conway, Arkansas. https://conwayarkansas.gov/boards/apply-for-a-board/.
(3) Municode Library. https://library.municode.com/ar/conway/codes/code_of_ordinances?nodeId=TIT13PL.
(4) City of Conway, Arkansas. https://media.conwayarkansas.gov/conwayarkansas-media/council/agenda/December_12_2023_City_Council_Agenda.pdf.
(5) Government | City of Conway, Arkansas. https://conwayarkansas.gov/government/.
(6) en.wikipedia.org. https://en.wikipedia.org/wiki/Conway,_Arkansas.
____________________________________
#ConwayArkansas #ConwayCityOrdnances #TheCityOfConwayCode
https://library.municode.com/ar/conway/codes/code_of_ordinances
Police Department:
https://library.municode.com/ar/conway/codes/code_of_ordinances?nodeId=TIT2CLADPE_CH2.56PODERURE
**A.C.A. § 14-51-302** outlines the **departmental rules and regulations** for employees within fire or police departments affected by this chapter. Here’s the key provision:
> “All employees in any fire or police department affected by this chapter shall be governed by rules and regulations set out by the chief of their respective police or fire departments after rules and regulations have been adopted by the governing bodies of their respective municipalities.” ¹
In essence, this section ensures that employees within these departments adhere to established guidelines, promoting efficient and effective service delivery while maintaining order and safety. If you need further details or have additional questions, feel free to ask! 😊
Source: Conversation with Bing, 2024-04-05
(1) § 14-51-302 – Departmental rules and regulations. – Justia Law. https://law.justia.com/codes/arkansas/2010/title-14/subtitle-3/chapter-51/subchapter-3/14-51-302/.
(2) Arkansas Code Title 14. Local Government § 14-51-302 | FindLaw. https://codes.findlaw.com/ar/title-14-local-government/ar-code-sect-14-51-302/.
(3) Ark. Code § 14-51-301 – Casetext. https://casetext.com/statute/arkansas-code-of-1987/title-14-local-government/subtitle-3-municipal-government/chapter-51-civil-service-for-police-and-fire-departments/subchapter-3-civil-service-system/section-14-51-301-rules-and-regulations-generally.
____________________________
The **Constitution of Arkansas** serves as the foundational legal framework for the state, outlining the responsibilities, powers, structures, and functions of its government. Let’s delve into its historical context and key points:
1. **Origins**:
– The **original Arkansas constitution** was adopted during a constitutional convention held in **Little Rock** before the territory’s admission to the Union in **1836**.
– At that time, Arkansas was eager to become a state, although Congress hesitated due to concerns about admitting another pro-slavery state.
– The first state constitution was ratified by Congress on **January 30, 1836**, and President **Andrew Jackson** signed the act, officially making Arkansas the **25th state**.
2. **American Civil War and Successive Constitutions**:
– During the **American Civil War**, Arkansas seceded from the Union in **1861**.
– The original constitution was replaced by the **second Arkansas state constitution**.
– After the war, the **1864 constitution** was drafted.
– In **1868**, a new constitution was passed to comply with the **Reconstruction acts**.
– However, it was the **1874 constitution** that marked the end of Reconstruction in Arkansas, following the **Brooks–Baxter War**.
– This conflict and the passage of the new constitution occurred two years before the disputed **1876 U.S. presidential election**, which led to the withdrawal of federal troops from the South.
3. **Current Constitution (1874)**:
– The **current Arkansas Constitution** was ratified in **1874**.
– It has **20 articles** that cover various aspects of state governance.
– Since its adoption, the constitution has been amended **102 times** as of **2020**.
– Notably, the **Democratic Party** consolidated its control over state politics by disenfranchising most African Americans through the **Election Law of 1891** and a **poll tax amendment**.
For those interested in exploring the full text of the **Arkansas Constitution of 1874**, it is available on **Wikisource**¹. 📜🌟
Source: Conversation with Bing, 2024-04-05
(1) Constitution of Arkansas – Wikipedia. https://en.wikipedia.org/wiki/Constitution_of_Arkansas.
(2) Arkansas Constitution – Ballotpedia. https://ballotpedia.org/Arkansas_Constitution.
(3) Arkansas Constitutions | State government records | Arkansas State Archives. https://digitalheritage.arkansas.gov/constitutions/.
(4) CONSTITUTION of the STATE OF ARKANSAS of 1874 – Initiative. http://www.citizensincharge.org/files/Arkansas%20Constitution.pdf.
___________________________________
#NoticeofUnconscionability #UnconscionableContract
A **notice of unconscionability** refers to a legal concept that arises when a contract or a specific provision within a contract is deemed fundamentally unfair, oppressive, or unreasonably one-sided. It operates as a defense against enforcing such contracts. When a court finds a contract unconscionable, it typically declares it **void**, releasing the parties from their original contractual obligations²⁴.
Here are the key points about unconscionability:
1. **Definition**: Unconscionability involves both **procedural** and **substantive** aspects:
– **Procedural Unconscionability**: Demonstrates an absence of meaningful choice for one party during contract formation.
– **Substantive Unconscionability**: Involves contract terms that are unreasonably favorable to one party³.
2. **Examples of Unconscionable Situations**:
– **Contracts of Adhesion**: These are standard form agreements (SFAs) drafted by stronger parties. The weaker party often has no say in their contents and must accept them as-is. SFAs can contain dense, hard-to-understand provisions that limit liability for the drafting party at the expense of the other party.
– **Hidden Onerous Terms**: Some of the more burdensome terms are deeply embedded in the document, making them difficult to spot.
– **Limiting Liability**: Contracts may limit liability for negligence, even when it’s the drafting party’s negligence¹.
3. **Case Example**: In the case of *Uber Technologies Inc v Heller*, the Supreme Court of Canada expanded the reach of unconscionability. Mr. Heller, an Uber driver, faced an arbitration clause that would cost him nearly his entire annual income to initiate. The court found this clause unconscionable and ruled in favor of protecting weaker parties against SFAs¹.
Regarding templates for situations where police officers’ actions are unconscionable, there are no specific templates for such notices. However, agencies and organizations can take the following steps:
– **Community-Based Accountability**: Implement policies that make police directly responsible to the communities they serve. Foster collaboration between police and community members⁶.
– **After Action Reviews (AARs)**: Conduct in-depth reviews of incidents, including officer-involved shootings. Involve individuals from within and outside the department to analyze actions, identify areas for improvement, and enhance accountability⁷.
Remember that addressing unconscionability requires a case-by-case assessment, considering the specific circumstances and legal context.
Source: Conversation with Bing, 2024-04-05
(1) What Is an Unconscionable Contract? – LegalMatch. https://www.legalmatch.com/law-library/article/what-is-an-unconscionable-contract.html.
(2) unconscionability | Wex | US Law | LII / Legal Information Institute. https://www.law.cornell.edu/wex/unconscionability.
(3) The Doctrine of Unconscionability in New York – Law Offices Stuart L …. https://www.melnick-law.com/the-doctrine-of-unconscionability-in-new-york-when-a-contract-may-be-unenforceable.
(4) The Expansion of Unconscionability – The Supreme Court’s Uber Reach …. https://ablawg.ca/2020/07/23/the-expansion-of-unconscionability-the-supreme-courts-uber-reach/.
(5) Promoting accountability – Transforming the System. https://www.transformingthesystem.org/criminal-justice-policy-solutions/create-fair-and-effective-policing-practices/promoting-accountability/.
(6) How to Conduct an After Action Review – United States Department of Justice. https://portal.cops.usdoj.gov/resourcecenter/RIC/Publications/cops-w0878-pub.pdf.
(7) Table-Top Scenario Examples – Police Executive Research Forum. https://www.policeforum.org/assets/FLS-CRT/All%20Scenarios.pdf.
Comments:
In the **State of Arkansas**, there is a corresponding legislative action known as **Act 287 of the Regular Session**. This act was passed during the **94th General Assembly** and is related to the **Arkansas Spatial Data Infrastructure**. Specifically, it repeals the annual reporting requirement by the **Arkansas Geographic Information Systems Board** concerning the Arkansas Spatial Data Infrastructure¹.
If you need further details or have any other questions, feel free to ask! 😊
Source: Conversation with Bing, 2024-04-06
(1) 94th General Assembly A Bill. https://www.arkleg.state.ar.us/Home/FTPDocument?path=%2FACTS%2F2023R%2FPublic%2FACT287.pdf.
(2) AR SB287 | 2023 | 94th General Assembly | LegiScan. https://legiscan.com/AR/bill/SB287/2023.
(3) SB287 Bill Information – Arkansas State Legislature. https://www.arkleg.state.ar.us/Bills/Detail?id=SB287&ddBienniumSession=2023%2F2023R.
(4) Acts – Arkansas State Legislature – Arkansas General Assembly. https://www.arkleg.state.ar.us/Acts.
(5) Know Your Rights: Arkansas | NEA – National Education Association. https://www.nea.org/resource-library/know-your-rights-arkansas.
(6) Search Acts – Arkansas State Legislature – Arkansas General Assembly. https://www.arkleg.state.ar.us/Acts/Search/.
__________________________________________________
#Classnotes #gettingthedesiredoutcome #Article1 #InterstateCommerce #NoticeCannotBeCompelled #4thAmendment #04022024
[edited]
🙂 ❤ Am in the process of transcribing the zoom class from Tuesday. ❤ 🙂 what really hit home was malika’s comment and how vital it is that we have a a desired outcome when taking action 🙂 ❤ “you are creating your experience and if you use your imagination to create a negative experience for yourself it don’t rub off on Malika cuz I don’t have time.
“You all have no idea of the magic that I am able to do in my life…when I’ve made my very first attempt to beat a traffic ticked I beat that sh*t. I beat it to death. It was over. So don’t tell me what they going to do, what they going to do to you, cuz I’m not concerned. I’m not saying what they’re going to do to you…. You all have no idea of
the magic that I am able to do in my life….you are creating your experience and if you use your imagination to create a negative experience for yourself it don’t rub off on Malika cuz I don’t have time.
She is pointing out the fact, we are ultimately responsible for the thoughts we think, the words we speak, and the actions we take since they are all setting energy in motion. ❤ 🙂 It is up to us to be honest with ourselves regarding the energy of our emotions 🙂 ❤ It is up to us to recognize when our thoughts are not aligned with our desired outcome ❤ 🙂 sure we might have been persuaded to believe certain things and think a certain way yet once we are aware of this we can choose to rise about the conditioning and set a new path for ourselves”… 🙂 ❤ Ultimately, we have the free will choice to choose, we do have the right of self determination.. I ask myself, “How determined am I to be my authentic self and express what the soul has shown me?” ❤ 🙂 The breath of life in expression 🙂 ❤
Here is my notes for the class:
https://docs.google.com/document/d/1lhH718YbZZ6jKBnCX-LL-WdcEQ2aSNXSmIF8Q3PKPDM/edit?usp=sharing
_________________________________________________
#Energyflowswhereattentiongoes #SelfAwareness a key to #SelfMastery
You Need To Watch This Video! (IMPORTANT) | Attention: Path to Transformation
“Attention is a remarkable faculty that serves as the gateway to perception and the foundation of reality. It is a powerful force within each of us, capable of shaping the world around us and connecting us with our deepest selves. Attention can be harnessed and directed to achieve great things or squandered on trivial matters. It is an energy that flows through us, carving out channels in our perception and influencing our experiences. By cultivating our attention, we can regain focus, reconnect with the present moment, and tap into a deeper level of awareness. However, in our modern world filled with distractions, it is crucial to approach attention with intention and discipline. By choosing where to direct our focus, we become active participants in shaping our reality. Attention is a muscle that can be trained, and when we consciously choose to focus on what we want to create, we can transform our thoughts into tangible outcomes. Embracing the power of attention allows us to break free from limitations and manifest a world aligned with our true aspirations.”
____________________________________________________
Pure wisdom. #spirituality #spiritual #soul
Interesting analogy #spirituality #oneness #soulfood
____________________________________________________
During the zoom class today Malika brought up the fact that some “Public Housing” is owned by Non-profit Churches. So, if seems reasonable to me that we should know the purpose of the church! Since the church is to provide for the members of the community. And if a man is made homeless or unable to feed and cloth him/herself then shouldn’t the administrators of the church when asked assist in providing to the needs of the people that come to them?
Does the church have an obligation and duty as a non-profit organization to provide to the people. Yes or No?
The **mission and purpose** of a church are deeply rooted in its identity and role. Let’s explore what churches offer and why they matter:
1. **Sharing the Gift of Jesus** and #ChurchMission:
– The mission of the church is to **share the gift** that Jesus offers to the world. Just as a pizzeria spreads the word about its delicious pizza, the church extends the incredible hospitality Jesus shows us to others.
– Theology professor Chuck Van Engen aptly puts it: “The #church doesn’t just do mission; the church **is** mission.” In other words, mission is at the core of the church’s existence¹.
2. **Biblical Foundation**:
– While the Bible may not explicitly use the term “mission,” the concept is deeply embedded in its truth. Mission involves purposeful movement—being sent from one place to another for a specific reason.
– The apostles were among the first to be sent out on a mission to share what Jesus proclaimed. Their mission was to make disciples of all nations, baptize them, and teach them to obey Jesus’s commands (Matthew 28:18-20)¹.
3. **Ultimate Vision**:
– Revelation 7:9-10 paints a beautiful picture of the ultimate fruit of sharing the gospel globally. A great multitude from every nation, tribe, and language stands before the throne, celebrating salvation in Jesus.
– The church’s role is to fulfill this vision by proclaiming the good news and inviting people into the diverse worship of God.
4. **Equipping and Strengthening**:
– Beyond an organization, the church is a **life-giving movement** empowered by God’s grace and Christ’s salvation.
– It exists to **strengthen and equip** its members for an external relationship with a broken world. As believers grow in maturity, they become better equipped to bless others and fulfill the church’s mission²³.
5. **Unity in God’s Purpose**:
– The church serves God’s eternal purpose, uniting all things in Christ. Every aspect of its life and work points to and serves “the mystery of God’s will” (Ephesians 1:9-10)⁴.
– As members identify their gifts and administer them under the Holy Spirit’s leading, the church increases its capacity to bless and fulfill its mission on earth⁵.
In summary, the church’s mission is to share the life-changing gift of Jesus, care for others, proclaim truth, and embody a community of free and forgiven people. It’s a calling that transcends borders, cultures, and languages—a beautiful mosaic of worship and celebration.
Source: Conversation with Bing, 4/4/2024
(1) What Is the Mission of the Church Today? | Faithward.org. https://www.faithward.org/what-is-the-mission-of-the-church-today/.
(2) What Is the Church? Its Purpose and Identity – Christianity. https://www.christianity.com/church/what-is-the-church-its-purpose-and-identity.html.
(3) What does the Bible say about the mission of the church?. https://www.compellingtruth.org/mission-of-the-church.html.
(4) The Mission and Ministry of the Whole Church. https://www.churchofengland.org/sites/default/files/2018-01/the-mission-and-ministry-of-the-whole-church.pdf.
(5) What is the Church? It’s Role & Purpose According to the Bible. https://www.biblestudytools.com/bible-study/topical-studies/what-is-the-church-according-to-the-bible.html.
_________________________________
The **U.S. Department of Housing and Urban Development (HUD)** has a vital mission to create **strong, sustainable, inclusive communities** and provide **quality affordable homes for all**. Let’s delve into its key duties:
1. **Strengthening the Housing Market**: #HUD works to bolster the economy by ensuring a robust housing market. This involves policies, programs, and initiatives that promote fair housing practices and encourage responsible homeownership.
2. **Consumer Protection**: HUD safeguards consumers by enforcing housing regulations, addressing discriminatory practices, and ensuring that housing transactions are transparent and equitable.
3. **Affordable Rental Homes**: Meeting the need for **quality affordable rental homes** is a central focus. HUD collaborates with local agencies to provide safe, accessible, and affordable housing options for low-income individuals and families.
4. **Quality of Life Improvement**: Housing isn’t just about shelter; it’s a platform for enhancing quality of life. HUD aims to create environments where residents thrive, with access to education, healthcare, and community services.
5. **Inclusive and Sustainable Communities**: HUD actively works to build communities that are free from discrimination. It promotes diversity, inclusion, and sustainable development, fostering neighborhoods where everyone can prosper.
6. **Transforming Business Practices**: HUD continually evolves its approach to better serve the public. By transforming the way it operates, it adapts to changing needs and challenges.
In summary, HUD plays a crucial role in shaping housing policies, promoting fairness, and ensuring that housing remains accessible and beneficial for all Americans²³⁴.
Source: Conversation with Bing, 4/4/2024
(1) U.S. Department of Housing and Urban Development. https://www.hud.gov/.
(2) Mission/U.S. Department of Housing and Urban Development (HUD). https://www.hud.gov/about/mission.
(3) What the Department of Housing and Urban Development Does – Investopedia. https://www.investopedia.com/articles/investing/111314/what-department-housing-and-urban-development-does.asp.
(4) . https://bing.com/search?q=HUD+purpose+and+duty.
(5) Q and A about HUD | HUD.gov / U.S. Department of Housing and Urban …. https://www.hud.gov/about/qaintro.
(6) United States Department of Housing and Urban Development. https://en.wikipedia.org/wiki/United_States_Department_of_Housing_and_Urban_Development.
_____________________________________________________________
The #InterstateCommerceAct ( #ICA ) of 1887** holds significant historical importance as it was the **first federal law** aimed at regulating a major industry in the United States. Let me break it down for you:
1. **Purpose and Context**:
– **Date**: Approved on **February 4, 1887**.
– The act was a response to **public demand** and political pressure from various regions and groups.
– It sought to address **unfair practices** carried out by railroad monopolies.
2. **Background**:
– In the years following the Civil War, railroads were **privately owned and unregulated**.
– These railroad companies held a **natural monopoly** in the areas they serviced.
– Monopolies allowed them to set prices, exclude competitors, and control the market.
– **Farmers**, especially, suffered due to discriminatory pricing and lack of competition.
3. **Granger Movement and State Regulation**:
– In the 1870s, state legislatures in the West and South (controlled by the **Granger Movement**) took action against railroad monopolies.
– **State regulations and commissions**, however, proved ineffective and even corrupt.
4. **Supreme Court Rulings**:
– In the **1877 Munn v. Illinois** case, the Supreme Court upheld state controls on railroad monopolies.
– The **1886 Wabash** case established the **exclusive power of Congress** to regulate interstate commerce.
5. **Key Provisions of the Interstate Commerce Act**:
– The act addressed railroad monopolies by setting guidelines for how railroads could do business.
– It required:
– **”Just and reasonable” rate changes**.
– Prohibition of **special rates or rebates** for individual shippers.
– No **”preference”** in rates for specific localities, shippers, or products.
– An end to **long-haul/short-haul discrimination**.
– Prohibition of **pooling of traffic or markets**.
– Most importantly, it **established the five-member Interstate Commerce Commission (ICC)**.
6. **Significance**:
– The Interstate Commerce Act made railroads the **first industry subject to federal regulation**.
– It set the precedent for future federal oversight of private businesses.
In summary, the Interstate Commerce Act aimed to ensure fair practices in the railroad industry and laid the groundwork for broader federal regulation. 🚂📜¹²³⁴
Source: Conversation with Bing, 2024-04-03
(1) Interstate Commerce Act (1887) | National Archives. https://www.archives.gov/milestone-documents/interstate-commerce-act.
(2) Interstate Commerce Act of 1887 – Federalism in America. https://encyclopedia.federalism.org/index.php/Interstate_Commerce_Act_of_1887.
(3) Interstate Commerce: Regulation and Deregulation. https://www.encyclopedia.com/history/encyclopedias-almanacs-transcripts-and-maps/interstate-commerce-regulation-and-deregulation.
(4) Interstate Commerce Act of 1887 – Wikipedia. https://en.wikipedia.org/wiki/Interstate_Commerce_Act_of_1887.
_____________________________________________________
#CriminalComplaint #LegalAdvice #JusticeSystem @kingzelanteam
Discover the essential steps for filing a criminal complaint in this quick guide. Learn how to navigate the legal process, what information you need, and how to effectively communicate with law enforcement to ensure your complaint is taken seriously. Whether you’re a victim or a witness, this video provides the crucial knowledge you need to seek justice and protect your rights. https://youtu.be/y-Q00CPf4Uk?si=9FnmwTRLuvAf2dPO
____________________________________________________
#FaulknerCountyManager #Arkansas @kingzelanteam
The **County Manager** in **Faulkner County, Arkansas** holds a significant role in local government administration. Let’s explore their powers and duties:
– The County Manager serves as the chief administrative officer, overseeing the day-to-day operations of county government.
– They collaborate with elected officials, department heads, and staff to ensure efficient service delivery.
– The County Manager prepares and presents the annual budget to the Quorum Court (the county legislative body).
– They manage financial resources, allocate funds, and monitor expenditures.
– The County Manager supervises county employees, including hiring, training, and performance evaluations.
– They enforce personnel policies and address employee concerns.
– They execute policies established by the Quorum Court.
– The County Manager ensures that county programs and services align with legislative directives.
– They collaborate with other agencies, both within and outside the county, to enhance services.
– Coordination with state and federal agencies is essential for effective governance.
– The County Manager plays a critical role in disaster preparedness and response.
– They work closely with emergency services, law enforcement, and public safety agencies.
7. #InfrastructureandFacilities:
– They oversee county facilities, maintenance, and infrastructure projects.
– Ensuring safe and functional public buildings and roads is part of their responsibility.
8. #PublicRelationsandCommunication:
– The County Manager communicates with the public, addressing inquiries and concerns.
– They represent the county in various forums and maintain transparency.
9. #LegalCompliance:
– They ensure compliance with state and federal laws.
– Legal matters related to county administration fall under their purview.
10. #BoardAppointmentsandOversight:
– The County Manager may appoint members to various boards and commissions.
– They oversee board operations and ensure adherence to policies.
Remember that the County Manager’s role is multifaceted, involving collaboration, leadership, and effective management. 🌟🏛️
Source: Conversation with Bing, 2024-04-02
(1) Vacant Board Positions – faulknercounty.org. https://www.faulknercounty.org/business/boards/vacantboard-positions.
(2) Faulkner County Personnel Manual. https://faulknercountyar.gov/images/documents/Employee_Corner/Policy%20Manual.pdf.
(3) Arkansas County Clerks 2022 Procedures Manual. https://www.arcounties.org/site/assets/files/5978/2022_county_clerks_procedures_manual.pdf.
Here is the contact information for the **County Manager** of **Faulkner County, Arkansas**:
1. **Mailing Address**:
– Faulkner County Office of Emergency Management
– Attn: Randy Higgins
– 801 Locust Street
– Conway, AR 72034
2. **Telephone**:- Office: **501-450-4900**
3. **Fax**:- **501-450-4938**
4. **Business Email**: – **randy.higgins@faulknercountyar.gov**
Feel free to reach out if you have any further questions or need additional assistance! 😊📞📧
Source: Conversation with Bing, 2024-04-02
(1) Home [www.oem911.net]. http://www.oem911.net/.
(2) Allen Dodson 801 Locust Street County Judge Conway, Arkansas 72034. https://www.faulknercounty.org/images/County%20Judges%20Office/2023-01%20County%20Judge%27s%20Office%20Organizational%20Announcement.pdf.
(3) Faulkner County, AR Government Directory and Elected Officials …. https://www.legalconsumer.com/democracy/elected-officials.php?FIPS=05045.
(4) County Clerk – Faulkner County, Arkansas. https://www.faulknercounty.org/government/departments/county-clerk.
(5) Faulkner County, Arkansas. https://www.faulknercounty.org/.
________________________________________________________
#unclaimedproperty #unclaimedpropertyArkansas
Has anyone ever checked out the unclaimed property section for their state? Was wondering what one puts for the property ID#
https://www.claimitar.gov/app/claim-search
________________________________________________________
Related to Thursday’s zoom found at hashtag 03282024 with @MCREAL ‘s process. The introduction into his process is around hour 1:36:00
**48 CFR 52.212-5** is a **contract clause** that outlines the **terms and
conditions** required for implementing statutes or executive orders
related to **commercial products and commercial services**. Let’s break
down its key components:
1. **Purpose**: This clause ensures that contractors comply with specific
legal requirements when providing commercial items to the U.S.
government.
2. **Incorporated FAR Clauses**:
– **Prohibition on Requiring Certain Internal Confidentiality
Agreements or Statements (JAN 2017)**: Addresses confidentiality
agreements that restrict employees from reporting fraud, waste, or
abuse.
– **Prohibition on Contracting for Hardware, Software, and Services
Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023)**:
Prohibits contracting with entities associated with Kaspersky Lab.
– **Prohibition on Contracting for Certain Telecommunications and
Video Surveillance Services or Equipment (NOV 2021)**: Addresses
restrictions related to specific telecommunications and surveillance
services.
– **Prohibition on Contracting with Inverted Domestic Corporations (NOV
2015)**: Prevents contracts with companies that have undergone an
inversion.
– **Providing Accelerated Payments to Small Business Subcontractors (MAR
2023)**: Ensures timely payments to small business subcontractors.
– **Protest After Award (AUG 1996)**: Governs the process for filing protests after contract award.
– **Applicable Law for Breach of Contract Claim (OCT 2004)**: Specifies the law applicable to breach of contract claims.
3. **Additional Clauses**: The contracting officer may include other FAR
clauses relevant to the specific acquisition, such as those related to
subcontractor sales, business ethics, whistleblower protections, and
more.
Remember that this clause ensures legal compliance and transparency in government-commercial transactions.
Source: Conversation with Bing, 2024-04-03
(1) 48 cfr 52 . 212 5|CFR-25JB-52-240R YAGEO | Resistors | DigiKey. https://www.digikey.ca/en/products/detail/yageo/CFR-25JB-52-240R/1342.
(2) eCFR :: 48 CFR 52.212-5 — Contract Terms and Conditions Required To …. https://www.ecfr.gov/current/title-48/chapter-1/subchapter-H/part-52/subpart-52.2/section-52.212-5.
(3) Federal Acquisition Regulation 52.212–5 – GovInfo. https://www.govinfo.gov/content/pkg/CFR-2022-title48-vol2/pdf/CFR-2022-title48-vol2-sec52-212-5.pdf.
(4) 48 CFR 52.212-5 – GovInfo. https://www.govinfo.gov/app/details/CFR-2012-title48-vol2/CFR-2012-title48-vol2-sec52-212-5.
(5) 48 CFR § 52.212-5 Contract Terms and Conditions Required To Implement …. https://ecfr.io/Title-48/Section-52.212-5.
(6) 48 cfr 52 . 212 5|kereszt összeesküvés torzít 14 cfr part 21 éhínség poggyász Gyakorlati. https://www.luvburger.com/14-cfr-part-21-k.html.
(7) 48 cfr 52 . 212 5|kereszt összeesküvés torzít 14 cfr part 21 éhínség poggyász Gyakorlati. https://www.luvburger.com/14-cfr-part-21-k.html.
(8) 48 cfr 52 . 212 5|5 Ways to Stay Compliant with 21 CFR Part 11. https://blog.sierralabs.com/5-ways-to-stay-compliant-with-fda-21-cfr-part-11.
(9) 48 cfr 52 . 212 5|kereszt összeesküvés torzít 14 cfr part 21 éhínség poggyász Gyakorlati. https://www.luvburger.com/14-cfr-part-21-k.html.
(10) 48 cfr 52 . 212 5|slide3. https://www.sec.gov/Archives/edgar/data/1367644/000136764421000073/emergentbiosolutionsmod6.htm.
__________________________________________________________
Ark. R. Prof. Cond. 3.8
As amended through November 13, 2023
Rule 3.8 – Special Responsibilities of a Prosecutor
The prosecutor in a criminal case shall:
(a) refrain from prosecuting a charge that the prosecutor knows is not supported by probable cause;
(b) make reasonable efforts to assure that the accused has been advised of the right to, and the procedure for obtaining, counsel and has been given reasonable opportunity to obtain counsel;
(c) not seek to obtain from an unrepresented accused a waiver of important pretrial rights, such as the right to a preliminary hearing;
(d) make timely disclosure to the defense of all evidence or information known to the prosecutor that tends to negate the guilt of the accused or mitigates the offense, and, in connection with sentencing, disclose to the defense and to the tribunal all unprivileged mitigating information known to the prosecutor, except when the prosecutor is relieved of this responsibility by a protective order of the tribunal; and
(e) except for statements that are necessary to inform the public of the nature and extent of the prosecutor’s action and that serve a legitimate law enforcement purpose, refrain from making extrajudicial comments that have a substantial likelihood of heightening public condemnation of the accused and exercise reasonable care to prevent investigators, law enforcement personnel, employees or other persons assisting or associated with the prosecutor in a criminal case from making an extrajudicial statement that the prosecutor would be prohibited from making under Rule 3.6 or this rule.
Ark. R. Prof. Cond. 3.8
COMMENT
[1] A prosecutor has the responsibility of a minister of justice and not simply that of an advocate. This responsibility carries with it specific obligations to see that the defendant is accorded procedural justice and that guilt is decided upon the basis of sufficient evidence. Precisely how far the prosecutor is required to go in this direction is a matter of debate and varies in different jurisdictions. Many jurisdictions have adopted the ABA Standards of Criminal Justice Relating to the Prosecution Function, which in turn are the product of prolonged and careful deliberation by lawyers experienced in both criminal prosecution and defense. Applicable law may require other measures by the prosecutor and knowing disregard of those obligations or a systematic abuse of prosecutorial discretion could constitute a violation of Rule 8.4.
[2] In some jurisdictions, a defendant may waive a preliminary hearing and thereby lose a valuable opportunity to challenge probable cause. Accordingly, prosecutors should not seek to obtain waivers of preliminary hearings or other important pretrial rights from unrepresented accused persons. Paragraph (c) does not apply, however, to an accused appearing pro se with the approval of the tribunal. Nor does it forbid the lawful questioning of an uncharged suspect who has knowingly waived the rights to counsel and silence.
[3] The exception in paragraph (d) recognizes that a prosecutor may seek an appropriate protective order from the tribunal if disclosure of information to the defense could result in substantial harm to an individual or to the public interest.
[4] Paragraph (e) supplements Rule 3.6, which prohibits extrajudicial statements that have a substantial likelihood of prejudicing an adjudicatory proceeding. In the context of a criminal prosecution, a prosecutor’s extrajudicial statement can create the additional problem of increasing public condemnation of the accused. Although the announcement of an indictment, for example, will necessarily have severe consequences for the accused, a prosecutor can, and should, avoid comments which have no legitimate law enforcement purpose and have a substantial likelihood of increasing public opprobrium of the accused. Nothing in this Comment is intended to restrict the statements which a prosecutor may make which comply with Rule 3.6(b) or 3.6(c).
[5] Like other lawyers, prosecutors are subject to Rules 5.1 and 5.3, which relate to responsibilities regarding lawyers and nonlawyers who work for or are associated with the lawyer’s office. Paragraph (e) reminds the prosecutor of the importance of these obligations in connection with the unique dangers of improper extrajudicial statements in a criminal case. In addition, paragraph (e) requires a prosecutor to exercise reasonable care to prevent persons assisting or associated with the prosecutor from making improper extrajudicial statements, even when such persons are not under the direct supervision of the prosecutor. Ordinarily, the reasonable care standard will be satisfied if the prosecutor issues the appropriate cautions to law-enforcement personnel and other relevant individuals.
[6] The issuance of a grand jury indictment ordinarily indicates probable cause for the prosecutor to proceed. This rule covers the Attorney General and staff, Prosecuting Attorneys and staffs, City Attorneys and staffs and all others who exercise prosecutorial functions.
______________________________________________________
Comment:
Let’s explore the duties and powers of attorneys in the **9th State District Court (Conway)** and the **State Prosecutor** in Arkansas:
## 1. **9th State District Court (Conway)**:
The **9th State District Court** in Conway, Arkansas, operates within the framework of the **Faulkner County District Court**. Here are the key responsibilities of attorneys (including prosecutors) at this level:
1. **Prosecuting Cases**:
– Attorneys representing the state (prosecutors) handle criminal cases within the jurisdiction of the 9th State District Court.
– They present evidence, argue cases, and seek justice on behalf of the state.
2. **Court Appearances and Advocacy**:
– Attorneys appear in court during hearings, trials, and other proceedings.
– They advocate for the state’s interests, ensuring that legal procedures are followed.
3. **Decision-Making**:
– Attorneys make decisions regarding charging individuals accused of crimes.
– They assess evidence, negotiate plea deals, and determine whether to proceed with trials.
4. **Fairness and Justice**:
– Attorneys uphold fairness and justice by ensuring that defendants receive due process.
– They consider evidence, protect defendants’ rights, and seek appropriate outcomes.
## 2. **State Prosecutor (Arkansas Attorney General)**:
The **State Prosecutor** (often represented by the **Arkansas Attorney General**) holds statewide authority. Here are their key roles:
1. **Legal Representation**:
– The **Arkansas Attorney General** represents various state agencies, boards, and commissions in legal matters.
– They handle civil litigation, appeals, and other legal issues related to the state’s interests.
2. **Consumer Protection**:
– The Attorney General investigates and prosecutes cases involving fraud, antitrust violations, and consumer-related issues.
3. **Responsibilities as a Minister of Justice**:
– The prosecutor’s role extends beyond advocacy; they are responsible for ensuring procedural justice.
– Decisions on guilt are based on sufficient evidence, and they play a crucial role in the criminal justice system¹⁴⁵.
For more detailed information, you can refer to the **District Court Benchbook 2017** prepared by the **Administrative Office of the Courts**¹. Additionally, you may explore the official website of the [City of Conway](https://conwayarkansas.gov/court/) for specific local details related to the 9th State District Court. 📜⚖️
Source: Conversation with Bing, 2024-04-02
(1) DISTRICT COURT BENCHBOOK 2017 – arcourts.gov. https://www.arcourts.gov/sites/default/files/DistrictCourtBenchbookRev2017.pdf.
(2) Rule 17.1 – Prosecuting Attorney’s Obligations, Ark. R. Crim … – Casetext. https://casetext.com/rule/arkansas-court-rules/arkansas-rules-of-criminal-procedure/rule-17-disclosure-to-defendant/rule-171-prosecuting-attorneys-obligations.
(3) What is a Prosecuting Attorney? – University of Arkansas System …. https://www.uaex.uada.edu/business-communities/ced-blog/posts/2022/may/what-is-a-prosecuting-attorney.aspx.
(4) District Court | City of Conway, Arkansas. https://conwayarkansas.gov/court/.
(5) Conway district judge race already has three candidates. https://arktimes.com/arkansas-blog/2023/07/19/conway-district-judge-race-already-has-three-candidates.
(6) Rule 3.8 – Special Responsibilities of a Prosecutor, Ark. R … – Casetext. https://casetext.com/rule/arkansas-court-rules/arkansas-rules-of-professional-conduct/rule-38-special-responsibilities-of-a-prosecutor.
(7) § 16-21-1703 – Prosecutor and deputies — Power and authority.. https://law.justia.com/codes/arkansas/2014/title-16/subtitle-2/chapter-21/subchapter-17/section-16-21-1703/.
______________________________________________________________
2014 Arkansas Code
Title 16 – Practice, Procedure, And Courts
Subtitle 2 – Courts and Court Officers
Chapter 21 – Prosecuting Attorneys
Subchapter 17 – Twelfth Judicial District
§ 16-21-1703 – Prosecutor and deputies — Power and authority.
Universal Citation: AR Code § 16-21-1703 (2014)
(a) A deputy prosecuting attorney who is duly appointed in any county of the Twelfth Judicial District shall have the authority to perform all official acts as deputy prosecuting attorney in all counties within the Twelfth Judicial District.
(b) Deputy prosecuting attorneys in the Twelfth Judicial District shall not engage in the private practice of law.
(c) (1) The Prosecuting Attorney of the Twelfth Judicial District and those deputy prosecuting attorneys and other staff members he designates shall be considered law enforcement officers for the purposes of utilizing emergency, protective, and communications equipment.
(2) Provided, that the prosecuting attorney and all members of his office shall have no greater arrest powers than that accorded all citizens under the Arkansas Constitution and this Code.
(d) The prosecuting attorney shall have the power to appoint deputy prosecuting attorneys and other employees at such salaries as are authorized in the grant awards from the Department of Finance and Administration Drug Law Enforcement Program, and the federal Anti-Drug Abuse Act of 1986 or other federal programs and may expend funds from any federal program that are tendered to the office for official purposes.
(e) The Prosecuting Attorney of the Twelfth Judicial District, acting through the Twelfth Judicial District Drug Task Force, shall have the authority to expend funds from the Department of Finance and Administration Drug Law Enforcement Program, and the federal Anti-Drug Abuse Act of 1986 or other federal law enforcement program, which tenders funds to the office to be used for official purposes. Those funds that are designated “overtime funds” are authorized under the grant to be paid to law enforcement officers who are certified with various police agencies in the State of Arkansas. Law enforcement personnel who are employed by police agencies or sheriffs’ offices, including the Department of Arkansas State Police, may receive these funds without being considered employees of the office of the Prosecuting Attorney of the Twelfth Judicial District. In addition, overtime funds paid these officers under this drug task force grant procedure are not to be construed as violating any legislative salary cap accorded these officers in the normal course of employment with their various agencies. These funds are intended to supplement funds provided to these departments as salaries to enhance the drug-fighting and violent crime-fighting capabilities of the Twelfth Judicial District Task Force and, to a larger extent, the State of Arkansas.
(f) The office of the Prosecuting Attorney of the Twelfth Judicial District is authorized to receive funds from the federal government in the name of the Twelfth Judicial District Task Force both from federal grants and from asset forfeiture funds and utilize those for official purposes as described in subsection (e) of this section.
(g) The prosecuting attorney’s office is hereby authorized pursuant to this Code to collect fees for the hot check fund as authorized by the state legislature and to expend those funds in official uses for the benefit of the office.
_______________________________________________________________
#ArkansasGovernment #helpraymond #WhereIsThePeople
“Structure of County Government: The structure of County Government
can be compared to a business, with the County Judge as the CEO who
oversees both the quorum court and executive officers. These bodies work
together to make decisions about what county services to provide to residents,
and how to provide them.”
https:://www.uaex.uada.edu/publications/PDF/FSCED21.pdf
Comments:
#executivebranch #executiveofficers
___________________________________________________________
*Article 1, Section 8, Clause 14* of the *United States Constitution* grants Congress the authority to “*make Rules for the Government and Regulation of the land and naval Forces*” ¹². In other words, this clause empowers Congress to establish regulations and guidelines governing the behavior, organization, and discipline of the armed forces.
Historically, these rules were initially outlined in a law called the *Articles of War* from 1806 to 1951. Since 1951, they have been incorporated into the *Uniform Code of Military Justice* (UCMJ) ². The UCMJ serves as the legal framework for maintaining discipline and order within the military, ensuring fair treatment, and addressing offenses committed by service members.
In summary, *Article 1, Section 8, Clause 14* provides Congress with the essential authority to oversee and govern the land and naval forces of the United States. 🇺🇸
Source: Conversation with Bing, 2024-03-31
(1) Article 1 Section 8 Clause 14 – Constitution Annotated. https://constitution.congress.gov/browse/article-1/section-8/clause-14/.
(2) Article 1, Section 8 of the Constitution: Summary | Shmoop. https://www.shmoop.com/study-guides/civics/constitution/article-1-section-8.
(3) Article I, Section 08, Clause 14-16 of the United States Constitution. https://constitutingamerica.org/march-30-2011-%e2%80%93-article-1-section-8-clause-14-16-of-the-united-states-constitution-%e2%80%93-guest-essayist-george-schrader-student-of-political-science-at-hillsdale-college/.
(4) Power to Govern and Regulate Land and Naval Forces | U.S. Constitution …. https://www.law.cornell.edu/constitution-conan/article-1/section-8/clause-14/power-to-govern-and-regulate-land-and-naval-forces.
(5) Article I Section 8 – Constitution Annotated | Congress.gov. https://constitution.congress.gov/browse/article-1/section-8/.
____________________________________________________________________
The **Arkansas State Constitution** outlines the structure and functions of the state government. Let’s delve into the relevant details:
According to the **Arkansas Constitution**, the powers of the government are divided into three distinct branches, each entrusted to a separate body of magistracy:
1. **Legislative Branch**: This branch is responsible for making laws. It consists of the **Arkansas General Assembly**, which is a bicameral legislature.
2. **Executive Branch**: The executive branch handles the administration and execution of laws. It includes the **Governor** and associated offices.
3. **Judicial Branch**: The judicial branch interprets and applies the law. It encompasses the **Supreme Court**, **Court of Appeals**, various **Circuit Courts**, and **District Courts**.
In summary, the **Arkansas Constitution** delineates the structure and function of the state government, ensuring a balanced distribution of powers among these three branches ²³. 🌟🇺🇸
Source: Conversation with Bing, 2024-03-31
(1) Politics and government of Arkansas – Wikipedia. https://en.wikipedia.org/wiki/Politics_and_government_of_Arkansas.
(2) Arkansas Constitution – Ballotpedia. https://ballotpedia.org/Arkansas_Constitution.
(3) Constitution of Arkansas – Wikipedia. https://en.wikipedia.org/wiki/Constitution_of_Arkansas.
(4) Arkansas Constitutions – Encyclopedia of Arkansas. https://encyclopediaofarkansas.net/entries/arkansas-constitutions-2246/.
@MalikaDulce Am wondering if we should put this information in the Memorandum and Points of Authority to accompany the The Motion Misprision of Clerk of Court [edited]
_____________________________________________________
“County governments became all powerful as administrative units of the state, with jurisdiction over roads and bridges, local judiciary, and taxation as well as spending.” https://encyclopediaofarkansas.net/entries/arkansas-constitutions-2246/
Arkansas Constitutions – Encyclopedia of Arkansas
________________________________________________________
Let’s explore the rules related to the unauthorized practice of law and multi-jurisdictional practice in Arkansas and specifically within the Conway area and Faulkner County:
1. **Arkansas Court Rules**:
– The **Arkansas Supreme Court** has rules governing the practice of law within the state. These rules cover various aspects, including professional conduct, unauthorized practice, and multi-jurisdictional practice.
– While I don’t have the specific rule number corresponding to Maryland’s **Rule 19-305.5**, Arkansas has similar provisions to prevent attorneys from practicing law in violation of local regulations or assisting others in doing so.
2. **Unauthorized Practice of Law (UPL)**:
– An attorney admitted to practice law in Arkansas shall **not practice law** in a jurisdiction where doing so would violate the legal profession’s regulations in that jurisdiction.
– Additionally, an attorney must **not knowingly assist another** in practicing law in violation of those regulations.
3. **Multi-Jurisdictional Practice**:
– An attorney admitted in another U.S. jurisdiction (not disbarred or suspended) may provide legal services temporarily in Arkansas if:
– The services are associated with an attorney admitted to practice in Arkansas who actively participates in the matter.
– The services relate to pending or potential proceedings before a tribunal (authorized by law or order).
– The services relate to arbitration, mediation, or alternative dispute resolution (not requiring pro hac vice admission).
– The services are reasonably related to the attorney’s practice in their home jurisdiction.
– An attorney may also establish an office in Arkansas under certain conditions.
4. **Local District Courts**:
– In the **City of Conway** and **Faulkner County**, the **District Court** provides fair and impartial adjudication of misdemeanor offenses.
– The court schedules appearances, collects and distributes funds, issues warrants, and handles small and civil claims.
Remember that these are **general guidelines**, and for precise legal information, it’s advisable to refer directly to the relevant sections of the **Arkansas Court Rules**¹⁷. If you need further details or specific rule numbers, I recommend consulting legal resources or local authorities.
Source: Conversation with Bing, 2024-03-31
(1) Rule 19-305.5 – Unauthorized Practice of Law; Multi-Jurisdictional …. https://casetext.com/rule/maryland-court-rules/title-19-attorneys/chapter-300-maryland-attorneys-rules-of-professional-conduct/law-firms-and-associations/rule-19-3055-unauthorized-practice-of-law-multi-jurisdictional-practice-of-law-55.
(2) District Court | City of Conway, Arkansas. https://conwayarkansas.gov/court/.
(3) Rule 5.5 Unauthorized Practice of Law; Multijurisdictional Practice of …. https://www.calbar.ca.gov/Portals/0/documents/rules/Rule_5.5-Exec_Summary-Redline.pdf.
(4) Rule 5.5 – UNAUTHORIZED PRACTICE OF LAW – Casetext. https://casetext.com/rule/minnesota-court-rules/minnesota-rules-of-professional-conduct/law-firms-and-associations/rule-55-unauthorized-practice-of-law-multjurisdictional-practice-of-law.
(5) Multi-Jurisdictional Practice (MJP) – Law Has its Limits | Attorneys …. https://www.attorneys-advantage.com/Resources/Stepping-Over-The-State-Line.
(6) Circuit Clerk – Faulkner County, Arkansas. https://www.faulknercounty.org/government/departments/circuit-clerk.
(7) Faulkner County Ordinances. https://www.faulknercounty.org/images/documents/Ordinances/Ordinances%202021.pdf.
(8) Circuit Court – Faulkner County, Arkansas. https://www.faulknercounty.org/13-county-menu/circuit-court.
(9) . https://bing.com/search?q=State+of+Arkansas+court+rules.
(10) Administrative Office-courts. https://www.arcourts.gov/.
(11) Rules of the Supreme Court and Court of Appeals of the State of Arkansas. https://www.arcourts.gov/content/rules-supreme-court-and-court-appeals-state-arkansas.
(12) Arkansas Court Rules | Casetext. https://casetext.com/rule/arkansas-court-rules.
(13) Arkansas Rules of the Supreme Court and Court of Appeals – Casetext. https://casetext.com/rule/arkansas-court-rules/arkansas-rules-of-the-supreme-court-and-court-of-appeals.
(14) Arkansas Code Search | Laws and Statues – Arkansas.gov. https://portal.arkansas.gov/service/arkansas-code-search-laws-and-statues/.
(15) . https://bing.com/search?q=Conway+Arkansas+court+rules.
(16) Conway County Circuit Court – Court Records Directory. https://www.courtreference.com/courts/12697/conway-county-circuit-court.
(17) Code of Ordinances | Conway County, AR | Municode Library. https://library.municode.com/ar/conway_county/codes/code_of_ordinances.
(18) State Supreme Court rules against Conway attorney in firearm lawsuit. https://www.ktlo.com/2023/03/02/state-supreme-court-rules-against-conway-attorney-in-firearm-lawsuit/.
(19) undefined. https://www.faulknecircuitclerk.com.
________________________________________________________
If you have knowledge of an attorney violating their jurisdictional limits in the **State of Arkansas**, you can take the following steps to report the misconduct:
1. **Rule 8.3 – Reporting Professional Misconduct**:
– According to **Arkansas Rules of Professional Conduct**, **Rule 8.3**, a lawyer who knows that another lawyer has committed a violation of the Rules of Professional Conduct (raising substantial questions about their honesty, trustworthiness, or fitness) **must inform the appropriate professional authority**¹.
– This reporting obligation also applies to judicial misconduct, where a lawyer should inform the appropriate authority if a judge’s fitness for office is in question¹.
2. **Contact the Appropriate Authority**:
– To report attorney misconduct, you can contact the **Arkansas Committee on Professional Conduct**. They have the authority to discipline attorneys for violations of the Rules of Professional Conduct.
– The Committee can issue letters of warning, caution, or reprimand, suspend an attorney’s license, or file a court petition seeking disbarment³.
3. **Use the Grievance Form**:
– You can file a complaint by using the **Grievance Form** provided by the Committee on Professional Conduct³. You can find the form on their website.
4. **Encourage Client Consent**:
– If reporting the violation would involve disclosing information protected by **Rule 1.6** (confidentiality), a lawyer should encourage the client to consent to disclosure if it wouldn’t substantially prejudice their interests¹.
5. **Be Diligent and Responsible**:
– Self-regulation of the legal profession requires lawyers to initiate disciplinary investigations when they know of a violation.
– Reporting is especially crucial when the victim is unlikely to discover the offense¹.
Remember, reporting violations helps maintain the integrity of the legal profession and ensures accountability. For precise details and to initiate the reporting process, consult the **Arkansas Committee on Professional Conduct**¹³.
Source: Conversation with Bing, 2024-03-31
(1) Ark. R. Prof. Cond. 8.3 – Casetext. https://casetext.com/rule/arkansas-court-rules/arkansas-rules-of-professional-conduct/rule-83-reporting-professional-misconduct.
(2) Function of The Committee on Professional Conduct: Filing a Complaint. https://www.arcourts.gov/sites/default/files/Grievance_Form.pdf.
(3) District Courts | Arkansas Judiciary. https://www.arcourts.gov/courts/district-courts.
(4) Ark. R. Prof. Cond. 5.5 – Casetext. https://casetext.com/rule/arkansas-court-rules/arkansas-rules-of-professional-conduct/rule-55-unauthorized-practice-of-law-multijurisdictional-practice-of-law.
(5) . https://bing.com/search?q=Conway+Arkansas+court+rules.
(6) District Court | City of Conway, Arkansas. https://conwayarkansas.gov/court/.
(7) Conway County Circuit Court – Court Records Directory. https://www.courtreference.com/courts/12697/conway-county-circuit-court.
(8) Code of Ordinances | Conway County, AR | Municode Library. https://library.municode.com/ar/conway_county/codes/code_of_ordinances.
(9) State Supreme Court rules against Conway attorney in firearm lawsuit. https://www.ktlo.com/2023/03/02/state-supreme-court-rules-against-conway-attorney-in-firearm-lawsuit/.
(10) Circuit Clerk – Faulkner County, Arkansas. https://www.faulknercounty.org/government/departments/circuit-clerk.
(11) Faulkner County Ordinances. https://www.faulknercounty.org/images/documents/Ordinances/Ordinances%202021.pdf.
(12) Circuit Court – Faulkner County, Arkansas. https://www.faulknercounty.org/13-county-menu/circuit-court.
(13) . https://bing.com/search?q=State+of+Arkansas+court+rules.
(14) Administrative Office-courts. https://www.arcourts.gov/.
(15) Rules of the Supreme Court and Court of Appeals of the State of Arkansas. https://www.arcourts.gov/content/rules-supreme-court-and-court-appeals-state-arkansas.
(16) Arkansas Court Rules | Casetext. https://casetext.com/rule/arkansas-court-rules.
(17) Arkansas Rules of the Supreme Court and Court of Appeals – Casetext. https://casetext.com/rule/arkansas-court-rules/arkansas-rules-of-the-supreme-court-and-court-of-appeals.
(18) Arkansas Code Search | Laws and Statues – Arkansas.gov. https://portal.arkansas.gov/service/arkansas-code-search-laws-and-statues/.
(19) undefined. https://www.faulknecircuitclerk.com
If you believe that a lawyer has failed to report County Attorneys who violate an individual’s right to due process, you can take the following steps:
1. **Attempt Resolution**:
– **Try to resolve the issue directly** with the lawyer involved. Communicate your concerns and seek clarification on their actions or lack thereof.
2. **File a Complaint**:
– If the matter remains unresolved, consider **filing a complaint** against the lawyer.
– In **Arkansas**, you can report attorney misconduct to the **Arkansas Committee on Professional Conduct**. They have the authority to discipline attorneys for violations of the **Arkansas Rules of Professional Conduct**.
– Use the **Grievance Form** provided by the Committee to initiate the complaint process[^20^] ²².
3. **Contact the Administrative Office of the Courts**:
– The **Administrative Office of the Courts** in Arkansas works to support state courts. They can provide guidance on reporting attorney misconduct and ensure accountability¹⁵.
4. **Seek Legal Advice**:
– Consult with another attorney or legal professional to discuss your specific situation.
– They can guide you on the best course of action based on the details of the case.
Remember that reporting violations helps maintain the integrity of the legal profession and ensures that due process rights are upheld. For precise details and to initiate the reporting process, consult the relevant authorities or legal resources[^20^] ²²¹⁵.
Source: Conversation with Bing, 2024-03-31
(1) Ark. R. Prof. Cond. 8.3 – Casetext. https://casetext.com/rule/arkansas-court-rules/arkansas-rules-of-professional-conduct/rule-83-reporting-professional-misconduct.
(2) Function of The Committee on Professional Conduct: Filing a Complaint. https://www.arcourts.gov/sites/default/files/Grievance_Form.pdf.
(3) Administrative Office-courts. https://www.arcourts.gov/.
(4) Complaints | Law Society of Ontario. https://lso.ca/protecting-the-public/complaints.
(5) How to Report a Lawyer for Ethics Violations | Lawyers.com. https://legal-info.lawyers.com/research/legal-malpractice/reporting-lawyer-for-ethics-violations.html.
(6) Prosecutorial Misconduct: Justice Denied as the System Turns a Blind …. https://www.criminallegalnews.org/news/2020/feb/18/prosecutorial-misconduct-justice-denied-system-turns-blind-eye/.
(7) Due Process Violation – Civil Rights – USLegal. https://civilrights.uslegal.com/due-process-violation/.
(8) Claims for Lawyer Negligence – Law Society of British Columbia. https://www.lawsociety.bc.ca/complaints-and-discipline/can-i-seek-compensation/claims-for-lawyer-negligence/.
(9) . https://bing.com/search?q=Conway+Arkansas+court+rules.
(10) District Court | City of Conway, Arkansas. https://conwayarkansas.gov/court/.
(11) Conway County Circuit Court – Court Records Directory. https://www.courtreference.com/courts/12697/conway-county-circuit-court.
(12) Code of Ordinances | Conway County, AR | Municode Library. https://library.municode.com/ar/conway_county/codes/code_of_ordinances.
(13) State Supreme Court rules against Conway attorney in firearm lawsuit. https://www.ktlo.com/2023/03/02/state-supreme-court-rules-against-conway-attorney-in-firearm-lawsuit/.
(14) Circuit Clerk – Faulkner County, Arkansas. https://www.faulknercounty.org/government/departments/circuit-clerk.
(15) Faulkner County Ordinances. https://www.faulknercounty.org/images/documents/Ordinances/Ordinances%202021.pdf.
(16) Circuit Court – Faulkner County, Arkansas. https://www.faulknercounty.org/13-county-menu/circuit-court.
(17) . https://bing.com/search?q=State+of+Arkansas+court+rules.
(18) Rules of the Supreme Court and Court of Appeals of the State of Arkansas. https://www.arcourts.gov/content/rules-supreme-court-and-court-appeals-state-arkansas.
(19) Arkansas Court Rules | Casetext. https://casetext.com/rule/arkansas-court-rules.
(20) Arkansas Rules of the Supreme Court and Court of Appeals – Casetext. https://casetext.com/rule/arkansas-court-rules/arkansas-rules-of-the-supreme-court-and-court-of-appeals.
(21) Arkansas Code Search | Laws and Statues – Arkansas.gov. https://portal.arkansas.gov/service/arkansas-code-search-laws-and-statues/.
(22) Rule 5.5 – Unauthorized Practice of Law, Multijurisdictional … – Casetext. https://casetext.com/rule/arkansas-court-rules/arkansas-rules-of-professional-conduct/rule-55-unauthorized-practice-of-law-multijurisdictional-practice-of-law.
(23) undefined. https://www.faulknecircuitclerk.com.
Ark. R. Prof. Cond. 8.4
Rule 8.4 – Misconduct
It is professional misconduct for a lawyer to:
(a) violate or attempt to violate the rules of professional conduct, knowingly assist or induce another to do so, or do so through the acts
of another;
(b) commit a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects;
(c) engage in conduct involving dishonesty, fraud, deceit or misrepresentation;
(d) engage in conduct that is prejudicial to the administration of justice;
(e) state or imply an ability to influence improperly a government agency or official; or to achieve results by means that violate the Rules of
Professional Conduct or other law; or
(f) knowingly assist a judge or judicial officer in conduct that is a violation of applicable rules of judicial conduct or other law.
Ark. R. Prof. Cond. 8.4
COMMENT:
[1] Lawyers are subject to discipline when they violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce
another to do so or do so through the acts of another, as when they request or instruct an agent to do so on the lawyer’s behalf. Paragraph
(a), however, does not prohibit a lawyer from advising a client concerning action the client is lawfully entitled to take.
[2] Many kinds of illegal conduct reflect adversely on fitness to practice law, such as offenses involving fraud and the offense of willful failure
to file an income tax return. However, some kinds of offenses carry no such implication. Traditionally, the distinction was drawn in terms of offenses involving “moral turpitude.” That concept can be construed to include offenses concerning some matters of personal morality, such as adultery and comparable offenses, that have no specific connection to fitness for the practice of law. Although a lawyer is personally answerable to the entire criminal law, a lawyer should be rofessionally
answerable only for offenses that indicate lack of those characteristics relevant to law practice. Offenses involving violence, dishonesty, breach of trust, or serious interference with the administration of justice are in that category. A pattern of repeated
offenses, even ones of minor significance when considered separately, can indicate indifference to legal obligation.
[3] Subdivision (d) of this rule proscribes conduct that is prejudicial to the administration of justice. Such proscription includes the prohibition against discriminatory conduct committed by a lawyer while
performing duties in connection with the practice of law. The proscription extends to any characteristic or status that is not relevant to the proof of any legal or factual issue in dispute. Such discriminatory conduct, when directed towards litigants, jurors,
witnesses, other lawyers, or the court, including race, sex, religion, national origin, or any other similar factors, subverts the administration of justice and undermines the public’s confidence in our
system of justice, as well as notions of equality. Legitimate advocacy respecting the foregoing factors does not violate paragraph (d). A trial
judge’s finding that peremptory challenges were exercised on a discriminatory basis does not alone establish a violation of this rule. This subdivision does not prohibit a lawyer from representing a client accused of committing discriminatory conduct.
[4] A lawyer may refuse to comply with an obligation imposed by law upon a good faith belief that no valid obligation exists. The provisions of
Rule 1.2(d) concerning a good faith challenge to the validity, scope, meaning or application of the law apply to challenges of legal regulation of the practice of law.
[5] Lawyers holding public office assume legal responsibilities going beyond those of other citizens. A lawyer’s abuse of public office can suggest an inability to fulfill the professional role of lawyers. The same is true of abuse of positions of private trust such as trustee, executor, administrator, guardian, agent and officer, director or manager of a
corporation or other organization
In the state of **Arkansas**, there are provisions related to the issuance of search warrants. Specifically, **Arkansas Code § 16-82-201 (2020)** outlines the process for issuing search warrants based on **oral testimony** when written affidavits are not feasible¹. Here are the key points:
1. **General Rule**: If circumstances make it reasonable to dispense with a written affidavit, any judicial officer in Arkansas may issue a warrant based on sworn oral testimony communicated by telephone or other appropriate means.
2. **Application**: The person requesting the warrant prepares a **duplicate original warrant** and reads it verbatim to the judicial officer. The judicial officer then enters the same information on an **original warrant**.
3. **Issuance**: If the judicial officer is satisfied that grounds for the application exist or that there is probable cause, they order the issuance of the warrant. The finding of probable cause for an oral testimony warrant can be based on the same evidence as a warrant upon affidavit.
4. **Recording and Certification**: When a caller requests a warrant, the judicial officer places under oath each person whose testimony forms the basis for the application. A voice recording or verbatim record is made and filed with the court.
5. **Contents**: The contents of a warrant based on oral testimony are the same as those of a warrant based on an affidavit.
So, while Minnesota has its specific requirements, Arkansas also has provisions to facilitate the issuance of warrants based on oral testimony when necessary¹. If you need further details or have additional questions, feel free to ask!
Source: Conversation with Bing, 2024-04-01
(1) Arkansas Code § 16-82-201 (2020) – Issuance of search warrants upon …. https://law.justia.com/codes/arkansas/2020/title-16/subtitle-6/chapter-82/subchapter-2/section-16-82-201/.
(2) Criminal Code – Site Web de la législation (Justice). https://laws-lois.justice.gc.ca/eng/acts/c-46/section-487.092.html.
(3) Warrant Division – Arkansas.gov. https://portal.arkansas.gov/state_agencies/auditor-of-state/warrant-division/.
(4) 2010 Arkansas Code :: Title 5 – Criminal Offenses – Justia Law. https://law.justia.com/codes/arkansas/2010/title-5/subtitle-1/chapter-4/subchapter-3/5-4-309/.
2020 Arkansas Code :: Title 16 – Practice, Procedure, And Courts :: Subtitle 6 – Criminal Procedure Generally :: Chapter 82 – Search and Seizure :: Subchapter 2 – Warrants :: § 16-82-201. Issuance of search warrants upon oral testimony
In the **State of Arkansas**, the issuance of **bench warrants** is governed by **Arkansas Code § 16-85-606 (2020)**. Here are the key points related to bench warrants:
1. **Discretionary Issuance**: The court has the discretion to order a bench warrant to be issued on any indictment¹.
2. **Threshold for Issuance**: However, if the punishment is limited to a fine of **one hundred dollars ($100) or less**, a bench warrant shall not be issued unless the court is satisfied that there is reason to believe the defendant will escape punishment if a bench warrant is not issued¹.
In summary, while the court has the authority to issue bench warrants, they exercise discretion based on the circumstances and severity of the case¹. If you need further legal information or have additional questions, feel free to ask!
Source: Conversation with Bing, 2024-04-01
(1) Arkansas Code § 16-85-606 (2020) – Issuance of bench warrant …. https://law.justia.com/codes/arkansas/2020/title-16/subtitle-6/chapter-85/subchapter-6/section-16-85-606/.
(2) Arkansas Code § 16-85-606 (2020) – Issuance of bench warrant …. https://bing.com/search?q=bench+warrants+issuance+code+in+the+State+of+Arkansas.
(3) Arkansas Warrant Search and Records – ThePublicIndex. https://arkansas.thepublicindex.org/warrant-search.
(4) Warrant of arrest generally. :: 2010 Arkansas Code – Justia Law. https://law.justia.com/codes/arkansas/2010/title-16/subtitle-6/chapter-81/subchapter-1/16-81-104/.
2020 Arkansas Code :: Title 16 – Practice, Procedure, And Courts :: Subtitle 6 – Criminal Procedure Generally :: Chapter 85 – Pretrial Proceedings :: Subchapter 6 – Process on Indictment :: § 16-85-606. Issuance of bench warrant discretionary
7 d
In the legal context, the **indictment** is a crucial step in criminal proceedings. Let’s delve into the details:
1. **Indictment**:
– An **indictment** is a formal written accusation that charges an individual with a criminal offense.
– It outlines the specific allegations against the accused and serves as the basis for further legal proceedings.
– Typically, an indictment is used for **felony cases** or crimes of significant severity.
2. **Who Orders the Indictment?**:
– In the **United States**, the **Fifth Amendment** to the U.S. Constitution mandates that the federal government must seek an indictment from a **grand jury** before prosecuting someone for a felony or an “otherwise infamous” crime²³.
– The **grand jury**, composed of citizens, reviews evidence presented by a prosecutor. If the grand jury finds probable cause that a crime was committed and the accused is the likely perpetrator, they issue an indictment.
– Essentially, the prosecutor initiates the process by presenting evidence to the grand jury, but it is the grand jury that ultimately orders the indictment.
3. **Purpose of an Indictment**:
– An indictment serves several purposes:
– **Commencement**: It initiates legal proceedings against the accused.
– **Notice**: It informs the accused of the specific allegations.
– **Under Oath**: It indicates that the allegations have been made under oath before a justice of the peace.
In summary, while prosecutors play a pivotal role in presenting evidence, it is the grand jury that formally orders the indictment, ensuring due process and protection of individual rights².
Source: Conversation with Bing, 2024-04-01
(1) What Is An Indictment? – Forbes Advisor. https://www.forbes.com/advisor/legal/criminal-defense/what-is-indictment/.
(2) What is an Indictment? – FindLaw. https://www.findlaw.com/criminal/criminal-procedure/what-is-an-indictment.html.
(3) Informations and Indictments – Criminal Law Notebook. http://www.criminalnotebook.ca/index.php/Informations_and_Indictments.
(4) Direct Indictments – Criminal Law Notebook. http://www.criminalnotebook.ca/index.php/Direct_Indictments.
What Is An Indictment?
https://www.forbes.com/advisor/legal/criminal-defense/what-is-indictment
7 d
1. **Appeal or Post-Conviction Relief**:
– If the conviction occurred after trial, explore **appeals** based on legal errors, constitutional violations, or new evidence.
– Consider seeking **post-conviction relief** if new evidence emerges.
2. **Review the Case**:
– Gather all relevant information, including court records, police reports, and trial transcripts.
– Identify any **procedural errors**, **misconduct**, or **ineffective assistance of counsel** during the trial.
3. **Consult with a New Lawyer**:
– Seek advice from a different criminal defense lawyer.
– Discuss the possibility of filing a **motion for a new trial** or other legal remedies.
4. **Exoneration Efforts**:
– Reach out to organizations specializing in **exonerations** or **wrongful convictions**.
– They can help investigate the case, review evidence, and advocate for your innocence.
5. **Media and Public Awareness**:
– Raise awareness about the case through media, social networks, and advocacy groups.
– Public support can bring attention to wrongful convictions.
6. **Document Everything**:
– Maintain detailed records of your case, conversations, and interactions with legal professionals.
– Preserve any new evidence that supports your innocence.
7. **Seek Legal Advice Promptly**:
– Time is critical in post-conviction matters. Consult with a lawyer as soon as possible.
Remember that each case is unique, and seeking professional legal advice tailored to your specific circumstances is essential. If you believe you are wrongfully convicted, consult with a lawyer who can guide you through the available legal options¹²³⁴.
Source: Conversation with Bing, 2024-04-01
(1) Florida man wrongfully convicted of murder is freed by an attorney …. https://www.nbcnews.com/news/nbcblk/new-attorney-helped-clear-innocent-man-murder-sentence-32-years-prison-rcna35298.
(2) Who Polices Prosecutors Who Abuse Their Authority? Usually Nobody. https://www.propublica.org/article/who-polices-prosecutors-who-abuse-their-authority-usually-nobody.
(3) Police withheld evidence making man’s rape conviction unsafe, says UK …. https://www.theguardian.com/uk-news/2023/aug/07/police-withheld-evidence-making-rape-conviction-unsafe-says-uk-court-of-appeal-andrew-malkinson.
(4) Jabar Walker Exonerated After 25 Years of Wrongful Conviction in …. https://innocenceproject.org/jabar-walker-exonerated-after-25-years-of-wrongful-conviction-in-manhattan-double-homicide/.
(5) . https://bing.com/search?q=corrupt+judges+in+the+9th+State+District+Court+Conway+Arkansas.
(6) City of Conway District Court. https://conwayarkansas.gov/court/.
(7) Conway district judge race already has three candidates. https://arktimes.com/arkansas-blog/2023/07/19/conway-district-judge-race-already-has-three-candidates.
(8) In Arkansas corruption and bribery case, sentencing lags after guilty …. https://www.arkansasonline.com/news/2019/dec/26/in-graft-inquiry-3-await-next-step-2019/.
(9) State District Courts 2017 [Converted] – arcourts.gov. https://www.arcourts.gov/sites/default/files/arkansas-district-courts-map.pdf.
(10) Hon. Chris Carnahan (Faulkner County District Court). https://www.arcourts.gov/content/hon-chris-carnahan-faulkner-county-district-court.
(11) Is it a Crime Not to Report a Crime in Canada?. https://www.torontodefencelawyers.com/crime-report-crime-canada/.
(12) How sentences are imposed – Canadian Victims Bill of Rights. https://www.justice.gc.ca/eng/cj-jp/victims-victimes/sentencing-peine/imposed-imposees.html.
(13) When can you be charged or arrested? – Legal Line. https://www.legalline.ca/legal-answers/when-can-you-be-charged-or-arrested/.
(14) Fact Sheet: The Bail Process. https://www.justice.gc.ca/eng/cj-jp/bail-caution/index.html.
Florida man wrongfully convicted of murder is freed by an attorney fresh out of law school
7 d
In Arkansas, the relevant legal framework can be found in the **Arkansas Code Annotated**. Let’s explore the details:
1. **Arkansas Code Annotated**: This comprehensive compilation of state laws covers various legal matters, including the powers and duties of prosecutors. You can access the Arkansas Code through resources such as [FindLaw](https://codes.findlaw.com/ar/) or directly from the [Arkansas State Legislature](https://www.arkleg.state.ar.us/ArkansasLaw/).
2. **State Prosecutor in Arkansas**: While the specific section numbers may differ, you’ll find information about the powers and responsibilities of state prosecutors within the Arkansas Code. I recommend searching for relevant sections related to prosecutorial authority.
If you need more specific details or have any other legal inquiries, feel free to explore the Arkansas Code resources provided above. 📜🔍
Source: Conversation with Bing, 2024-04-02
(1) State Abbreviations – 50states. https://www.50states.com/abbreviations.htm.
(2) What is the Arkansas State Abbreviation? – Foreign USA. https://foreignusa.com/arkansas-state-abbreviation/.
(3) List of Arkansas area codes – Wikipedia. https://en.wikipedia.org/wiki/List_of_Arkansas_area_codes.
(4) A-Z of the 50 US State Abbreviations & Codes – Grammar – WordTips. https://word.tips/grammar/state-abbreviations/.
(5) USA States (Two-Letter Abbreviations) – WorldAtlas. https://www.worldatlas.com/geography/usa-states.html.
(6) arkansas state code|Multi Color Arkansas Map with Counties, Capitals, and Major Cities. https://www.mapresources.com/products/multi-color-arkansas-digital-vector-county-map-ar-usa-113364.
(7) arkansas state code|State Map of Arkansas in Adobe Illustrator vector format. Detailed, editable map from Map Resources.. https://www.mapresources.com/products/poster-size-high-detail-arkansas-illustrator-vector-state-map-ar-usa-504036.
(8) arkansas state code|Arkansas County Map (36″ W x 27.43″ H) : Amazon.ca: Office Products. https://www.amazon.ca/Arkansas-County-Map-36-27-43/dp/1635971225.
(9) arkansas state code|Arkansas, Arkansas State Map – GM Johnson Maps. https://gmjohnsonmaps.com/product/arkansas-alabama-state-map-fs/.
(10) arkansas state code|Arkansas Digital Vector Map with Counties, Major Cities, Roads, Rivers & Lakes. https://www.mapresources.com/products/arkansas-digital-vector-state-map-ar-usa-081862.
(11) arkansas state code|map of Arkansas cities | Map of arkansas, Arkansas city, Arkansas. https://www.pinterest.ca/pin/map-of-arkansas-cities–93942342202118888/.
(12) Arkansas Code | FindLaw. https://codes.findlaw.com/ar/.
(13) Arkansas Code Search | Laws and Statues – Arkansas.gov. https://portal.arkansas.gov/service/arkansas-code-search-laws-and-statues/.
(14) Guides: Arkansas Resources: Statutes & Legislation. https://guides.ll.georgetown.edu/c.php?g=275785&p=1838495.
(15) Arkansas Law – Arkansas State Legislature – Arkansas General Assembly. https://www.arkleg.state.ar.us/ArkansasLaw/.
7 d
#warrantsArkansas Arkansas Code § 16-82-201 (2020) – Issuance of search warrants upon oral testimony :: 2020 Arkansas Code :: US Codes and Statutes :: US Law :: Justia
6 d
2020 Arkansas Code
Title 16 – Practice, Procedure, And Courts
Subtitle 6 – Criminal Procedure Generally
Chapter 82 – Search and Seizure
Subchapter 2 – Warrants
§ 16-82-201. Issuance of search warrants upon oral testimony
______________________________________________________________#theftofpropertyAR#Arkansas@kingzelanteam 2020 Arkansas Code Title 5 – Criminal Offenses Subtitle 4 – Offenses Against Property Chapter 36 – Theft Subchapter 1 – General Provisions § 5-36-103. Theft of property Universal Citation:
AR Code § 5-36-103 (2020)
(a) A person commits theft of property if he or she knowingly:
(1) Takes or exercises unauthorized control over or makes an unauthorized transfer of an interest in the property of another person with the purpose of depriving the owner of the property; or
(2) Obtains the property of another person by deception or by threat with the purpose of depriving the owner of the property.
(b) Theft of property is a:
(1) Class B felony if:
(A) The value of the property is twenty-five thousand dollars ($25,000) or more;
(B) The property is obtained by the threat of serious physical injury to any person or destruction of the occupiable structure of another person;
(C) The property is obtained by threat and the actor stands in a confidential or fiduciary relationship to the person threatened; or
(D) The property is:
(i) Anhydrous ammonia in any form;
(ii) A product containing any percentage of anhydrous ammonia in any form;
(iii) Utility property and the value of the property is five hundred dollars ($500) or more; or
(iv) Oil and gas equipment, the value of the property is less than twenty-five thousand dollars ($25,000) but more than five thousand dollars ($5,000), and the person:
(a) Caused more than two hundred fifty dollars ($250) in incidental damage to the owner of the oil and gas equipment during the commission of the offense; or
(b) Transported the oil and gas equipment across state lines to sell or dispose of the oil and gas equipment
(2) Class C felony if:
(A) The value of the property is less than twenty-five thousand dollars ($25,000) but more than five thousand dollars ($5,000);
(B) The property is obtained by threat;
(C) The property is a firearm valued at two thousand five hundred dollars ($2,500) or more;
(D) The property is building material obtained from a permitted construction site and the value of the building material is five hundred dollars ($500) or more;
(E) The value of the property is five hundred dollars ($500) or more and the theft occurred in an area declared to be under a state of emergency pursuant to proclamation by the President of the United States, the Governor, or the executive officer of a city or county; or
(F) The property is oil and gas equipment, the value of the property is five thousand dollars ($5,000) or less but more than one thousand dollars ($1,000), and the person:
(i) Caused more than two hundred fifty dollars ($250) in incidental damage to the owner of the oil and gas equipment during the commission of the offense; or
(ii) Transported the oil and gas equipment across state lines to sell or dispose of the oil and gas equipment;
(3) Class D felony if:
(A) The value of the property is five thousand dollars ($5,000) or less but more than one thousand dollars ($1,000);
(B) The property is a firearm valued at less than two thousand five hundred dollars ($2,500);
(C) The property is a:
(i) Credit card or credit card account number; or
(ii) Debit card or debit card account number;
(D) The value of the property is at least one hundred dollars ($100) or more but less than five hundred dollars ($500) and the theft occurred in an area declared to be under a state of emergency pursuant to proclamation by the President of the United States, the Governor, or the executive officer of a city or county;
(E) The property is livestock and the value of the livestock is in excess of two hundred dollars ($200);
(F) The property is an electric power line, gas line, water line, wire or fiber insulator, electric motor, or other similar apparatus connected to a farm shop, on-farm grain drying and storage complex, heating and cooling system, environmental control system, animal production facility, irrigation system, or dwelling;
(G) The property is a decorative or memorial item from a cemetery, graveyard, or a person’s grave site and the offense is the actor’s second or subsequent offense of theft of a decorative or memorial item from a cemetery, graveyard, or a person’s grave site under this section; or
(H) The property is oil and gas equipment, the value of the property is one thousand dollars ($1,000) or less, and the person:
(i) Caused more than two hundred fifty dollars ($250) in incidental damage to the owner of the oil and gas equipment during the commission of the offense; or
(ii) Transported the oil and gas equipment across state lines to sell or dispose of the oil and gas equipment; or
(4) Class A misdemeanor if:
(A) The value of the property is one thousand dollars ($1,000) or less;
(B) The property has inherent, subjective, or idiosyncratic value to its owner or possessor even if the property has no market value or replacement cost; or
(C) The property is a decorative or memorial item from a cemetery, graveyard, or a person’s grave site.
(c) (1) Upon the proclamation of a state of emergency by the President of the United States or the Governor or upon the declaration of a local emergency by the executive officer of any city or county and for a period of thirty (30) days following that declaration, the penalty for theft of property is enhanced if the property is:
(A) A generator intended for use by:
(i) A public facility;
(ii) A nursing home or hospital;
(iii) An airport;
(iv) A public safety device;
(v) A communication tower or facility;
(vi) A public utility;
(vii) A water system or sewer system;
(viii) A public safety agency; or
(ix) Any other facility or use providing a vital service; or
(B) Any other equipment used in the transmission of electric power or telephone service.
(2) As used in this subsection:
(A) “Public safety agency” means an agency of the State of Arkansas or a functional division of a political subdivision that provides:
(i) Firefighting and rescue;
(ii) Natural or human-caused disaster or major emergency response;
(iii) Law enforcement; or
(iv) Ambulance or emergency medical services; and
(B) “Public safety device” includes, but is not limited to, a traffic signaling device or a railroad crossing device.
(3) The penalty is enhanced as follows:
(A) (i) The fine for the offense shall be at least five thousand dollars ($5,000) and not more than fifty thousand dollars ($50,000).
(ii) The fine is mandatory; and
(B) The offense is a Class D felony if it would have been a Class A misdemeanor.
https://law.justia.com/codes/arkansas/2020/title-5/subtitle-4/chapter-36/subchapter-1/section-5-36-103/
Freedom Dove 
Leave a comment