Resource links:
https://library.municode.com/ar/conway/codes/code_of_ordinances?nodeId=TIT2CLADPE_CH2.68COENOF
The information in this article is subject to change without notice:
Having the right information is crucial in comprehending how the legal system and the courts operate, it is very odd that we should have to learn more then the folks going to law school to become lawyers. Saylave, as the beneficiaries of life we should have faith and trust that the folks running the legal system for the public good are ethical and moral and following the code of conduct as written.
We may have to write a statement of facts regarding our situation and the following website is thorough and state forward:
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Court Records:
Yes, the court rules regarding access to court records can differ between the municipal court (9th State District Court) and the County Court (Faulkner County) in Arkansas, United States. Each court system may have its own set of rules and procedures for public access to court records. Municipal courts typically handle cases involving city or county ordinance violations, minor criminal offenses, and some civil and juvenile cases within their jurisdiction. They often have specific rules for accessing records related to these cases¹[4]. County courts, on the other hand, may deal with a broader range of cases, including higher-level criminal offenses and significant civil cases. The rules for accessing records in county courts might be more comprehensive due to the nature of the cases they handle²[5]. For the most accurate information on the specific rules and procedures for accessing court records in the 9th State District Court and Faulkner County Court, it would be advisable to consult the respective court’s administrative office or official website. They can provide detailed guidance on how to access court records, any associated fees, and any restrictions that may apply. Source: Conversation with Bing, 2024-04-28
(1) Municipal Courts vs. State Courts: What’s the Difference?. https://nolacriminallaw.com/municipal-courts-vs-state-courts-whats-the-difference/.
(2) What Is A Municipal Court? What Kind Of Jurisdiction Does A Municipal …. https://legalinquirer.com/what-is-a-municipal-court/.
(3) Access To Court Records Guide – Government of New Brunswick. https://www2.gnb.ca/content/dam/gnb/Departments/jus/PDF/access-to-court-records-acces-aux-documents-judiciaires/access-to-court-records-guide.pdf.
(4) Section 1: General principles and policies for public access. https://www.ontario.ca/document/access-court-files-documents-and-exhibits/section-1-general-principles-and-policies-public. (5) Case Search • Arkansas Judiciary – arcourts.gov. https://caseinfo.arcourts.gov/opad.
The word **aggrieved** is an adjective that describes a feeling of distress or injustice. Here are the definitions:
1. **Troubled or distressed in spirit**¹[1].
2. **Suffering from an infringement or denial of legal rights**¹[1]. This can refer to individuals or groups who feel their legal rights have been violated.
3. **Showing or expressing grief, injury, or offense**¹[1]. This can be used when someone is visibly upset or hurt because of perceived unfair treatment.
The term can also be used more broadly to describe feelings of discontent or dissatisfaction due to unfair circumstances. It’s often associated with a sense of injustice or having been wronged in some way. If you need any more information or examples, feel free to ask!
Source: Conversation with Bing, 2024-04-28
(1) Aggrieved Definition & Meaning – Merriam-Webster. https://www.merriam-webster.com/dictionary/aggrieved.
(2) AGGRIEVED | English meaning – Cambridge Dictionary. https://dictionary.cambridge.org/dictionary/english/aggrieved.
(3) AGGRIEVE Definition & Meaning | Dictionary.com. https://www.dictionary.com/browse/aggrieve.
(4) AGGRIEVED definition in American English | Collins English Dictionary. https://www.collinsdictionary.com/us/dictionary/english/aggrieved.
(5) AGGRIEVED definition and meaning | Collins English Dictionary. https://www.collinsdictionary.com/dictionary/english/aggrieved.
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Yes, the people running the municipal court, such as the 9th State District Court in Conway, Arkansas, are required to follow due process when handling problems or disputes between people in the community. Due process is a fundamental principle of the legal system in the United States, which ensures fair treatment through the normal judicial system, especially as a citizen’s entitlement.
In the context of municipal courts, due process involves several key elements:
– **Notice**: Individuals must be informed of the proceedings and charges against them.
– **Opportunity to be heard**: Individuals have the right to present their case and evidence in court.
– **Impartial tribunal**: The case must be heard by a neutral and unbiased court.
– **Decision based on the evidence**: The court’s decision should be based on the evidence presented during the proceedings.
The Faulkner County District Court, which exercises county-wide jurisdiction, aims to provide fair, impartial, and timely adjudication of misdemeanor offenses, and handles both small and civil claims¹[2]. It operates with the mission to promote respect for law, society, and individual rights, and to assure the dignified and fair treatment of all parties¹[2].
For specific procedures and rules, it’s advisable to refer to the local court rules or consult with a legal professional. The Faulkner County Circuit Clerk’s office can also provide information on the administrative duties and the maintenance of records, which are part of ensuring due process²[1].
Source: Conversation with Bing, 2024-04-28
(1) District Court | City of Conway, Arkansas. https://conwayarkansas.gov/court/.
(2) Circuit Clerk – Faulkner County, Arkansas. https://www.faulknercounty.org/government/departments/circuit-clerk.
(3) AOC CourtConnect. https://caseinfoold.arcourts.gov/.
(4) Case Search • Arkansas Judiciary – arcourts.gov. https://caseinfo.arcourts.gov/opad.
(5) 1st Div Circuit – Faulkner County, Arkansas. https://www.faulknercounty.org/government/courts/1st-div-circuit.
(6) undefined. https://www.faulknecircuitclerk.com.
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Below you will find our research regarding the rules and regulations for the operation of government business for the City of Conway Arkansas, Falkner County, and the State of Arkansas to support our finding of facts:
#ArkansasLocalGovernment#Arkansas#sanctuarypolicy#municipality#FOIA#FOIAExemptionsandExclusions
2020 Arkansas Code
Title 14 – Local Government
Subtitle 1 – General Provisions
Chapter 1 – General Provisions
Subchapter 1 – General Provisions
§ 14-1-103. Sanctuary policies prohibited — Definition. [Effective January 1, 2020.]
Universal Citation: AR Code § 14-1-103 (2020)
(a)
(1) A #municipality municipality shall not enact or adopt a #sanctuarypolicy.
(2) A municipality that enacts or adopts a sanctuary policy is ineligible for discretionary moneys provided through funds or grants administered by the state until the sanctuary policy is repealed or no longer in effect.
(b) As used in this section, “sanctuary policy” means an order, ordinance, or law enforcement policy, whether formally enacted or informally adopted by custom or practice, that:
(1) Limits or prohibits a municipal official or person employed by the municipality from communicating or cooperating with federal agencies or officials to verify or report the immigration status of a person within the municipality;
(2) Grants to illegal immigrants the right to lawful presence or status within the municipality in violation of federal law;
(3) Violates 8 U.S.C. § 1373, as in effect January 1, 2019;
(4) Restricts or imposes any conditions upon the municipality’s cooperation or compliance with detainers or other requests from United States Immigration and Customs Enforcement to maintain custody of an immigrant or to transfer an immigrant to the custody of United States Immigration and Customs Enforcement;
(5) Requires United States Immigration and Customs Enforcement to obtain a warrant or demonstrate more than probable cause before complying with detainers or other legal and valid requests from United States Immigration and Customs Enforcement to maintain custody of an immigrant or to transfer an immigrant to the custody of United States Immigration and Customs Enforcement; or
(6) Prevents law enforcement officers from asking a person about his or her citizenship or immigration status.
(c)
(1) Upon receiving a complaint from a resident of the state of a violation of this section by a municipality, the Attorney General shall issue an opinion stating whether the municipality is in violation of this section.
(2) If the Attorney General issues an opinion stating that the municipality has enacted or adopted a sanctuary policy that violates this section, the municipality is ineligible to receive discretionary moneys provided through funds or grants administered by the state until the Attorney General certifies that the sanctuary policy is repealed or no longer in effect.
(d)
(1) Before the provision of funds or the award of grants is made to a municipality, a member of the General Assembly may request that the Attorney General issue an opinion stating whether the municipality has current policies in violation of this section.
(2) A municipality deemed ineligible for discretionary moneys under this section is ineligible to receive discretionary moneys provided through funds or grants administered by the state until the Attorney General certifies that the municipality is in full compliance with this section.
(e) A municipality may appeal a decision of the Attorney General under this section to the Pulaski County Circuit Court.
(f) Records created in connection with administrative investigations related to this section are not subject to the Freedom of Information Act of 1967, § 25-19-101 et seq.
https://law.justia.com/codes/arkansas/2020/title-14/subtitle-1/chapter-1/subchapter-1/section-14-1-103/ What does it mean when an ordinance is not subject to the Freedom of Information Act of 1967 § 25-19-101 et seq.? When an **ordinance** is **not subject to the Freedom of Information Act of 1967 (FOIA)**, it means that the provisions of the FOIA do **not apply** to that specific ordinance. Let’s break down the key points:
1. **Freedom of Information Act (FOIA)**:
– The FOIA is a federal law that grants the public the **right to access** information held by government agencies.
– It ensures transparency and accountability by allowing individuals to request records and documents from federal agencies.
– However, the FOIA does not cover all types of information or entities.
2. **Ordinances**:
– An **ordinance** is a **local law** enacted by a **municipality** (such as a city or county).
– Ordinances address various matters, including zoning, public safety, taxation, and administrative procedures.
– Some ordinances may fall outside the scope of the FOIA.
3. **Exemptions and Exclusions**:
– The FOIA includes **exemptions** and **exclusions** that specify certain categories of information that are not subject to disclosure.
– These exemptions vary based on the context and the type of information involved.
– When an ordinance is explicitly **excluded** from FOIA coverage, it means that the FOIA does not require the release of information related to that ordinance.
4. **Examples of Exclusions**:
– **Published Material**: Information that is already publicly available (e.g., published books, articles, etc.).
– **Public Record**: Information that is part of the public record (e.g., court records, official proceedings).
– **Archival Material**: Material placed in the custody of a local authority for archival purposes.
In summary, when an ordinance is not subject to the FOIA, it falls into a category of exclusions where the FOIA does not mandate its disclosure. However, specific details would depend on the language of the ordinance and the relevant legal context¹².
Source: Conversation with Bing, 2024-04-14
(1) Chapter 5: Exemptions and Exclusions | Freedom of Information and …. https://www.ontario.ca/document/freedom-information-and-protection-privacy-manual/chapter-5-exemptions-and-exclusions.
(2) Local Authority Freedom of Information and Protection of Privacy Act, L …. https://pubsaskdev.blob.core.windows.net/pubsask-prod/850/L27-1.pdf.
(3) Freedom of Information Act – FOIA, Definition, 1966 | HISTORY. https://www.history.com/topics/1960s/freedom-of-information-act.
#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
The **Attorney General (AG)** for the State of Arkansas has several key duties, including:
– Representing state agencies and commissions in courts of law.
– Giving opinions on issues presented by legislators and prosecutors.
– Handling criminal matters and habeas corpus matters in the state.
– Advocating for citizens on issues pertaining to the environment, antitrust, and consumer protection⁵.
The current AG for the state of Arkansas is **Tim Griffin**, who has been in office since January 10, 2023¹.
For contact information, you can reach the Attorney General’s office at:
– **Phone**: (501) 682-2007 or (800) 482-8982
– **Email**: oag@ArkansasAG.gov
– **Address**: 323 Center Street, Suite 200, Little Rock, AR 72201
– **Fax**: (501) 683-2520⁷.
Please let me know if there’s anything else you’d like to know!
Source: Conversation with Bing, 2024-04-22
(1) Arkansas Attorney General – Wikipedia. https://en.wikipedia.org/wiki/Arkansas_Attorney_General.
(2) . https://bing.com/search?q=current+Attorney+General+of+Arkansas.
(3) Contact Us – Arkansas Attorney General. https://arkansasag.gov/resources/contact-us/.
(4) Arkansas Attorney General. https://arkansasag.gov/.
(5) Meet Tim – Arkansas Attorney General. https://arkansasag.gov/meet-tim/.
(6) . https://bing.com/search?q=duties+of+the+Attorney+General+for+the+State+of+Arkansas.
(7) . https://bing.com/search?q=contact+information+of+Arkansas+Attorney+General.
(8) Attorney General – Arkansas.gov. https://portal.arkansas.gov/state_agencies/attorney-generals-office/.
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Arkansas has both a State Clerk and a State Treasurer, each with distinct responsibilities.
The **Arkansas State Clerk**, particularly for the Supreme Court and Court of Appeals, is responsible for:
– Filing cases, briefs, motions, petitions, and other documents for decision.
– Disseminating opinions, orders, and per curiam orders to relevant parties.
– Serving as the financial officer for the courts, managing payroll and financial services.
– Administering the courts’ budgets as appropriated by the State Legislature.
– Collecting annual license fees for attorneys, court reporters, and professional associations⁶.
For the **Arkansas State Treasurer**, the duties include:
– Serving as the state’s financial officer and banker.
– Receiving and keeping monies collected by the state.
– Managing and investing state funds.
– Disbursing funds according to state law.
– Managing the Arkansas 529 Education Savings Plan and the ABLE program for people with disabilities³.
You can contact the **Arkansas State Clerk** at:
– **Address**: 625 Marshall St, Little Rock, AR, 72201
– **Phone**: (501) 682-6849⁶.
And for the **Arkansas State Treasurer**, the contact information is:
– **Address**: Arkansas State Capitol, 500 Woodlane Suite 220, Little Rock, AR 72201
– **Phone**: (501) 682-5888
– **Fax**: (501) 682-9692
– **Email**: info@artreasury.gov¹⁴.
Please let me know if you need further assistance!
Source: Conversation with Bing, 2024-04-22
(1) Clerk of the Courts | Arkansas Judiciary. https://www.arcourts.gov/courts/clerk-of-the-courts.
(2) State Treasurer, Office of – Encyclopedia of Arkansas. https://encyclopediaofarkansas.net/entries/office-of-state-treasurer-5724/.
(3) Contact Us < Arkansas Treasurer of State. https://www.artreasury.gov/contact-us/.
(4) . https://bing.com/search?q=Arkansas+state+treasurer+duties.
(5) Home < Arkansas Treasurer of State. https://www.artreasury.gov/.
(6) What We Do < Arkansas Treasurer of State. https://www.artreasury.gov/services-2/.
(7) . https://bing.com/search?q=contact+information+for+Arkansas+state+clerk.
(8) Case Search • Arkansas Judiciary – arcourts.gov. https://caseinfo.arcourts.gov/opad.
(9) Clerk of the Commission – Arkansas.gov. https://portal.arkansas.gov/state_agencies/department-of-labor-and-licensing/workers-compensation-commission/clerk-of-the-commission/.
(10) Arkansas Secretary of State. https://www.sos.arkansas.gov/about-the-office/contact-us/.
(11) . https://bing.com/search?q=Arkansas+state+clerk+duties.
(12) Arkansas County Clerks 2022 Procedures Manual. https://www.arcounties.org/site/assets/files/5978/2022_county_clerks_procedures_manual.pdf.
(13) Assistant Chief Deputy Clerk of the Arkansas Supreme Court Job Description. https://www.arcourts.gov/sites/default/files/2023-12/ASC%20Asst%20Chief%20Deputy%20Clerk%20Job%20Description%2011-23.pdf.
(14) . https://bing.com/search?q=contact+information+for+Arkansas+state+treasurer.
(15) Arkansas Treasurer – Ballotpedia. https://ballotpedia.org/Arkansas_Treasurer.
(16) Treasurer of State – Arkansas.gov. https://portal.arkansas.gov/state_agencies/treasurer-of-state/
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State Board Of Public Accountancy Division
Department of Labor and Licensing,
900 W. Capitol Ave, Suite 400 Little Rock, AR 72201
501-682-1520
501-682-5538
ASBPA@arkansas.gov
The **Director** of the Arkansas State Board Of Public Accountancy Division is **Tim Montgomery, CPA**. He has been with the Board since July of 2013 and was promoted to Executive Director in May 2023⁵.
For contact information, you can reach out to the Arkansas State Board Of Public Accountancy Division at:
– **Phone**: 501-682-5533
– **Email**: Click [here](^5^) to email Tim Montgomery
– **Address**: 900 W Capitol Ave Ste 400, Little Rock, AR, 72201².
If you have any more questions or need further assistance, feel free to ask!
Source: Conversation with Bing, 2024-04-22
(1) Board Staff – ASBPA. https://www.asbpa.arkansas.gov/board-members/board-staff/.
(2) Board Staff – ASBPA. https://www.asbpa.arkansas.gov/board-members/board-staff/.
(3) Home Page – ASBPA. https://www.asbpa.arkansas.gov/.
(4) . https://bing.com/search?q=contact+information+for+Arkansas+State+Board+Of+Public+Accountancy+Division.
(5) Contact Us – ASBPA. https://www.asbpa.arkansas.gov/contact-us/.
(6) . https://bing.com/search?q=Director+of+Arkansas+State+Board+Of+Public+Accountancy+Division.
(7) Board Staff » Arkansas Department of Labor and Licensing. https://www.labor.arkansas.gov/licensing/state-board-of-public-accountancy/board-staff/.
(8) Board Members – ASBPA. https://www.asbpa.arkansas.gov/board-members/.
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The **Office of Professional Conduct** at the **Arkansas Judiciary** is overseen by an attorney **Executive Director**. This office, which is housed at **2100 Riverfront Drive, Suite 200, Little Rock, Arkansas 72202**, plays a crucial role in matters related to attorney discipline and professional conduct. If you need to get in touch, here’s the contact information:
– **Telephone**: (501) 376-0313
– **Toll-Free**: (800) 506-6631
– **Facsimile (Fax)**: (501) 376-3438
Feel free to reach out if you have any inquiries or need assistance regarding professional conduct matters. 📞🌟🇺🇸
Source: Conversation with Bing, 2024-04-17
(1) . https://bing.com/search?q=director+of+the+Professional+Conduct+Committee+Arkansas+contact+information.
(2) Office of the Committee on Professional Conduct – Arkansas Judiciary. https://www.arcourts.gov/professional-conduct.
(3) Function of The Committee on Professional Conduct: Filing a Grievance. https://tstweb.arcourts.gov/sites/default/files/formatted-files/1.6GrievanceFormOPC%28Printable%29.pdf.
(4) Function of The Committee on Professional Conduct: Filing a Grievance. https://www.arcourts.gov/sites/default/files/formatted-files/1.6GrievanceFormOPC%28Fillable%29_0.pdf.
(5) 2020 Annual Report – arcourts.gov. https://www.arcourts.gov/sites/default/files/formatted-files/2020-Annual-Report-FULL-12-31-20.pdf.
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We put the following statement into bing AI, “Special Administrative Procedures Licensing for the state of Arkansas” and bind responded with the following:
In Arkansas, the **Special Administrative Procedures Licensing** is governed by the **Arkansas Administrative Procedure Act**. This act outlines the processes for the grant, denial, renewal, revocation, suspension, annulment, withdrawal, limitation, or amendment of a license¹. It defines terms such as “agency,” “licensing,” and “rule,” and provides the framework for how administrative procedures are to be conducted within the state¹.
For specific licensing standards, the **Arkansas Department of Human Services** provides detailed information on the minimum licensing standards required for various residential agencies². These documents outline the procedures and requirements for obtaining and maintaining different types of licenses. If you’re looking for rules of procedure related to health services, the **Arkansas Department of Health** has a chapter dedicated to the rules of procedure which are also governed by the Arkansas Administrative Procedures Act³.
For a comprehensive search of administrative rules, the **Arkansas Secretary of State** offers an online service where you can search for rules adopted by state agencies, boards, and commissions⁴. Additionally, the **Arkansas.gov** portal provides an administrative rules search service for regulations currently in effect⁵. If you need more specific information or guidance on a particular type of license or administrative procedure, please let me know, and I’ll do my best to assist you further.. Source: Conversation with Bing, 2024-04-16
(1) Administrative Procedure Act – Arkansas Department of Health. https://www.healthy.arkansas.gov/images/uploads/pdf/Administrative-Procedures-Act.pdf.
(2) Minimum Licensing Standards – Arkansas Department of Human Services. https://humanservices.arkansas.gov/wp-content/uploads/ENG-PUB_04B_Residential_Minimum_licensing_standards.pdf.
(3) CHAPTER SEVEN RULES OF PROCEDURE – Arkansas Department of Health. https://www.healthy.arkansas.gov/images/uploads/pdf/Rules.Chapter07-_Effective_2-15-22.pdf.
(4) Arkansas Secretary of State. https://www.sos.arkansas.gov/rules_and_regs/index.php/rules/search/new/. (5) Administrative Rules Search – Arkansas.gov. https://portal.arkansas.gov/service/ar-admin-rules-search/. (6) en.wikipedia.org. https://en.wikipedia.org/wiki/Administrative_Procedure_Act.
Section 25-15-201: Title
Text of Section 25-15-201:
This subchapter shall be known and cited as the ” Arkansas Administrative ProcedureAct “.[2]
Section 25-15-202: Definitions
Text of Section 25-15-202:
As used in this subchapter:
(1)
(A) 👉”Adjudication” means an agency process for the formulation of an order.
(B) ” Adjudication” does not include inmate disciplinary proceedings 👉
conducted by the Department of Correction and the Department of Community Correction;
(2)
(A) “Agency” means a board, commission, department, officer, or other authority of the government of the State of Arkansas, whether within, or subject to review by, another agency,👉 except the General Assembly, the courts, and Governor.
(B) The word “agency” shall include the Division of Child Care and Early Childhood Education of the Department of Human Services and the Child Care Appeal Review Panel for purposes of administrative appeal.
(C)
(i) Except as provided in subdivision (2)(C)(ii) of this section, the word “agency” shall not include the Arkansas Public Service Commission, the Arkansas Pollution Control and Ecology Commission, the Workers’ Compensation Commission, and the Division of Workforce Services, as the existing laws governing those agencies provide adequate administrative procedures for those agencies.
(ii) The word “agency” as used in §§ 25-15-216 and 25-15-218 shall include the Arkansas Public Service Commission, the Arkansas Pollution Control and Ecology Commission, the Workers’ Compensation Commission, and the Division of Workforce Services.
(D) This subchapter does not repeal delegations of authority as provided by law;
(3) “Financial impact statement” means a realistic statement of a new or increased cost or obligation of complying with a proposed rule to a:
(A) Private individual, entity, and business; and
(B) State, county, and municipal government;
(4) “License” includes an agency permit, certificate, approval, registration, charter, or similar form of permission required by law;
(5) “Licensing” means an agency process respecting the grant, denial, renewal, revocation, suspension, annulment, withdrawal, limitation, or amendment of a license;
(6) “Order” means the final disposition of an agency in any matter other than rule making, including licensing and rate making, in which the agency is required by law to make its determination after notice and hearing;
(7) “Party” means a person or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party, in an agency proceeding;
(8) “Person” means an individual, partnership, corporation, association, or public or private organization of any character;
(9)
(A) “Rule” means an agency statement of general applicability and future effect that implements, interprets, or prescribes law or policy, or describes the organization, procedure, or practice of an agency and includes, but is not limited to, the amendment or repeal of a prior rule.
(B) “ Rule” does not mean:
(i) 👉A statement that concerns the internal management of a state agency and that does not affect the private rights or procedures available to the public;(ii) A declaratory order or ruling issued under § 25-15-206 or other provision of law applicable to the state agency issuing the declaratory order or ruling; https://ballotpedia.org/Arkansas_Administrative_Procedure_Act
Yes, Arkansas laws include specific chapters and sections that deal with licenses and licensing. For instance, the **Arkansas Contractors Licensing Board** provides laws and rules regarding the licensing of commercial and residential contractors¹. These laws cover various aspects of licensing, including the application process, requirements, and standards that must be met to obtain and maintain a license.
Additionally, the **Arkansas Department of Labor and Licensing** has laws and rules that pertain to licensing within the state². These include changes to commercial and residential licensing laws, as well as proposed rules that may affect licensing procedures.
For real estate, there’s a **Real Estate License Law** and **Time-Share Law** that governs the licensing of real estate professionals in Arkansas³.
These chapters and sections are part of a broader regulatory framework that ensures professionals and businesses comply with state standards for practice and operation. If you need more detailed information or a specific section reference, please let me know, and I can assist you further.
Source: Conversation with Bing, 2024-04-16
(1) Laws & Rules – Arkansas Contractors Licensing Board. https://www.aclb.arkansas.gov/laws-rules/.
(2) Laws & Rules » Arkansas Department of Labor and Licensing. https://www.labor.arkansas.gov/licensing/arkansas-contractors-licensing-board/laws-rules/.
(3) REAL ESTATE LICENSE LAW TIME-SHARE LAW – Arkansas Real Estate Commission. https://arec.arkansas.gov/wp-content/uploads/2020/08/RealEstateLicenseLawFebruary2020.pdf.
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In Washington, the rules and procedures regarding an Affidavit of Indigency, which is used to declare a person’s financial status as unable to afford court costs or legal representation, are outlined in various documents and statutes:
– **Court Rules**: The Washington State Courts provide forms and instructions for indigent defense, including the Indigency Screening Form. This form is used by courts or their designees to determine if a person qualifies as indigent¹[1].
– **County Rules**: Additional documents may be required by local county superior court rules. It’s important to check with the local county for any specific requirements that may apply¹[1].
– **Revised Codes of Washington (RCW)**: The RCW 10.101.020 outlines the determination of indigency, provisional appointment, and promissory note. This statute defines indigency and sets the standards for the court or its designee to determine if a person is indigent²[7]. It also addresses the process for provisional appointment of counsel and the requirement for a promissory note from those who are able but indigent to contribute to the cost of their defense.
For the most accurate and up-to-date information, it’s recommended to consult the Washington State Office of Public Defense or a legal professional. They can provide guidance on the current forms, criteria, and standards for determining and verifying indigency, as well as any recent changes in the law that may affect the process.
(1) Washington State Courts – Court Forms – Indigent Defense. https://www.courts.wa.gov/forms/?fa=forms.contribute&formID=22.
(2) Washington Revised Code RCW 10.101.020: Determination of indigency …. https://law.justia.com/codes/washington/2005/title10/10.101.020.html.
(3) Rules and Forms for Indigency Screening – Washington. https://opd.wa.gov/cities-counties-courts/rules-and-forms-indigency-screening.
(4) Sample Indigency Screening Form – Washington Courts. https://www.courts.wa.gov/forms/documents/Indigency%20Screening%20Form%202013.pdf.
(5) Certification of Appointed Counsel – King County, Washington. https://kingcounty.gov/en/dept/dja/courts-jails-legal-system/court-services-resources/indigent-defense-cert.
(6) Washington Affidavit of Indigency – In Forma Pauperis – In Forma …. https://www.uslegalforms.com/forms/wa-spec-01342bg/affidavit-of-indigency-in-forma-pauperis.
(7) Washington Affidavit For Waiver of Court Costs on Grounds of Indigency …. https://www.uslegalforms.com/forms/wa-spec-02710bg/affidavit-for-waiver-of-court-costs-on-grounds-of.
(8) Wash. Rev. Code § 10.101.020 – Casetext. https://casetext.com/statute/revised-code-of-washington/title-10-criminal-procedure/chapter-10101-indigent-defense-services/section-10101020-determination-of-indigency-provisional-appointment-promissory-note.
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The right to sue and be sued
The Washington State Constitution does not contain a provision that requires express written consent from a man, or any individual, in order to bring a lawsuit against him. The constitution ensures that all political power is inherent in the people and that governments derive their powers from the consent of the governed, but this pertains to the legitimacy of the government itself, not to individual lawsuits¹[1].
The right to sue and be sued is a fundamental aspect of the legal system, and it operates under the principles of jurisdiction and due process as outlined in the legal statutes and court procedures. If there were such a requirement, it would likely be found in specific laws or statutes rather than in the state constitution.
For legal matters, it’s always best to consult with a legal professional or refer to the most current legal texts and resources for accurate information.
Source: Conversation with Bing, 2024-04-26
(1) ARTICLE I – DECLARATION OF RIGHTS :: Washington Constitution …. https://law.justia.com/constitution/washington/constitution-1.html.
(2) CONSTITUTION OF THE STATE OF WASHINGTON. https://leg.wa.gov/CodeReviser/RCWArchive/Documents/2019/WA%20Constitution.pdf.
(3) Washington: Statutory Civil Law | Without My Consent. https://withoutmyconsent.org/50state/state-guides/washington/statutory-civil-law/.
(4) Washington Right of Publicity Law | Digital Media Law Project – DMLP. https://www.dmlp.org/legal-guide/washington-right-publicity-law.
– **RCW 4.08.030**: This statute specifies that either spouse or domestic partner may sue for community property and outlines the necessary parties in such actions¹[1].
– **Chapter 4.92 RCW**: This chapter deals with actions and claims against the state, detailing how and where such lawsuits can be brought, and the procedures involved²[2].
– **RCW 54.16.110**: This code states that a district may sue and be sued in any court of competent jurisdiction, and it may be sued in the county where its principal office is located or where it owns or operates facilities³[3].
These are just a few examples, and there are more detailed provisions and chapters within the RCW that cover various aspects of legal capacity to sue and be sued. For specific cases or further information, it’s advisable to consult the full text of the RCW or seek legal counsel.
Source: Conversation with Bing, 2024-04-26
(1) RCW 4.08.030: Either spouse or either domestic partner may sue for …. https://apps.leg.wa.gov/rcw/default.aspx?cite=4.08.030.
(2) Chapter 4.92 RCW: ACTIONS AND CLAIMS AGAINST STATE – Washington. https://apps.leg.wa.gov/RCW/default.aspx?cite=4.92.
(3) RCW 54.16.110: May sue and be sued—Claims. – Washington. https://bing.com/search?q=RCW+on+who+or+what+can+sue+and+be+sued.
(4) RCW 54.16.110: May sue and be sued—Claims. – Washington. https://app.leg.wa.gov/rcw/default.aspx?cite=54.16.110.
(5) Washington State Courts – Resources. https://www.courts.wa.gov/newsinfo/resources/?fa=newsinfo_jury.display&folderID=brochure_scc&altMenu=smal&fileID=who.
(6) FAQs • Who can sue and be sued? – Douglas County, Washington. https://www.douglascountywa.net/Faq.aspx?QID=112.
_______________________________________________________________________
The department head for the **Arkansas State Board of Law Examiners** is the **Executive Director** of the Arkansas Supreme Court’s Office of Professional Programs³. This position is currently held by **Nancie Givens**³. The Executive Director is responsible for overseeing the administration of the bar examination and ensuring that all procedures are followed according to the rules governing admission to the bar.
The contact information for the Office of Professional Programs, which can provide further assistance regarding licensing of lawyers, is as follows:
– **Address**: 101 E Capitol Ave Ste 202, Little Rock, AR, 72201
– **Phone Number**: (501) 683-5800²
Please note that while I can provide this contact information, it’s always a good idea to verify the details through the official Arkansas Judiciary website or by contacting the office directly.
Source: Conversation with Bing, 2024-04-16
(1) State Board of Law Examiners | Arkansas Judiciary. https://www.arcourts.gov/administration/professional-programs/asble.
(2) Arkansas State Board of Examiners. https://www.healthy.arkansas.gov/programs-services/topics/arkansas-state-board-of-examiners-in-counseling.
(3) . https://bing.com/search?q=department+head+of+the+Arkansas+State+Board+of+Law+Examiners+contact+information.
(4) Arkansas Bar Examination | Arkansas Judiciary. https://www.arcourts.gov/administration/professional-programs/bar-exam.
(5) State Board of Barber Examiners » Arkansas Department of Labor and …. https://www.labor.arkansas.gov/licensing/state-board-of-barber-examiners/.
(6) Electrical Inspection and Licensing » Arkansas Department of Labor and …. https://www.labor.arkansas.gov/labor/code-enforcement/electrical-inspection-and-licensing/.
______________________________________________________________________________
Obligation of State Courts Under the Supremacy Clause
Clause 2. This #Constitution , and the Laws of the #UnitedStates which shall be made in Pursuance thereof; and all #Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme #LawoftheLand ; and the #Judges in every State shall be bound thereby; any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.
https://law.justia.com/constitution/us/article-6/05-obligation-of-state-under-supremacy-clause.html
#SupremacyClause
*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/
“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
https://encyclopediaofarkansas.net/entries/arkansas-constitutions-2246
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.
Arkansas Constitution
Article 2 – Declaration of Rights
Section 1 – Source of power
Section 2 – Freedom and independence
Section 3 – Equality before the law
Section 4 – Right of assembly and of petition
Section 5 – Right to bear arms
Section 6 – Liberty of the press and of speech – Libel
Section 7 – Jury trial – Right to – Waiver – Civil cases – Nine jurors agreeing
Section 8 – Criminal charges – Self-incrimination – Due process – Double jeopardy – Bail
Section 9 – Excessive bail or punishment prohibited – Witnesses – Detention
Section 10 – Right of accused enumerated – Change of venue
Section 11 – Habeas corpus
Section 12 – Suspension of laws
Section 13 – Redress of wrongs
Section 14 – Treason
Section 15 – Unreasonable searches and seizures
Section 16 – Imprisonment for debt
Section 17 – Attainder – Ex post facto laws
Section 18 – Privileges and immunities – Equality
Section 19 – Perpetuities and monopolies
Section 20 – Resident aliens – Descent of property
Section 21 – Life, liberty and property – Banishment prohibited
Section 22 – Property rights – Taking without just compensation prohibited
Section 23 – Eminent domain and taxation
Section 24 – Religious liberty
Section 25 – Protection of religion
Section 26 – Religious tests
Section 27 – Slavery – Standing armies – Military subordinate to civil power
Section 28 – Tenure of lands
Section 29 – Enumeration of rights of people not exclusive of other rights – Protection against encroachment
https://law.justia.com/constitution/arkansas/article-2/
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#UnauthorizedPracticeofLaw
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.
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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.
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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
___________________________________________________________
Warrants
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
https://law.justia.com/codes/arkansas/2020/title-16/subtitle-6/chapter-82/subchapter-2/section-16-82-201
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/.
#warrantsArkansas Arkansas Code § 16-82-201 (2020) – Issuance of search warrants upon oral testimony :: 2020 Arkansas Code :: US Codes and Statutes :: US Law :: Justia
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
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
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
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
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/.
[edited]
**Title 1 – General Provisions** in the **Arkansas Code** encompasses various legal aspects. Here are some key points from this title:
1. **Extension of Western Boundary Line** (Ark. Code § 1-1-101): This section deals with the extension of Arkansas’s western boundary line.
2. **Signature By Mark** (Ark. Code § 1-1-102): It addresses the validity of signatures made by a mark (such as a thumbprint) instead of a traditional signature.
3. **Application of Foreign Law, Legal Code, Or System – Definitions** (Ark. Code § 1-1-103): This section defines terms related to the application of foreign law, legal code, or systems within Arkansas.
4. **Arkansas Heritage Site – Legislative Findings and Intent**: This part pertains to the establishment and preservation of Arkansas heritage sites. Please note that these codes may not be the most recent versions, and for the most up-to-date information, it’s advisable to check official sources¹. If you need further details or have specific questions, feel free to ask! Source: Conversation with Bing, 2024-04-13
(1) 2020 Arkansas Code Title 1 – General Provisions – Justia Law. https://law.justia.com/codes/arkansas/2020/title-1/.
(2) Arkansas Code Title 1. General Provisions | FindLaw. https://codes.findlaw.com/ar/title-1-general-provisions/.
(3) Arkansas Code Title 25, Chapter 1, Subchapter 1 (2020) – General …. https://law.justia.com/codes/arkansas/2020/title-25/chapter-1/subchapter-1/.
(4) Title 1. General Provisions – 2022 Edition – Arkansas Statutes …. https://us.vlex.com/source/14866/chapter/title-1-general-provisions-399703647.
_________________________________________ `
**Title 4** of the **Arkansas Code** pertains to **Business and Commercial Law**. It covers various aspects related to business practices, commercial transactions, and legal provisions. Here’s an overview of the subtitles within **Title 4**:
1. **Subtitle 1 – Uniform Commercial Code**:
– This subtitle deals with **commercial transactions** and **sales of goods**.
– It provides rules and regulations for **contracts**, **security interests**, and other commercial matters.
2. **Subtitle 2 – Miscellaneous Commercial Law Provisions**:
– This section addresses various **commercial practices** and **legal provisions** that impact businesses.
– It covers topics such as **consumer protection**, **trade practices**, and **commercial paper**.
3. **Subtitle 3 – Corporations and Associations**:
– Here, you’ll find information related to **corporate governance**, **formation**, and **operation of corporations** and other associations.
– It includes rules for **nonprofit organizations**, **limited liability companies**, and more.
4. **Subtitle 4 – Partnerships**:
– This subtitle focuses on **partnership law**.
– It outlines the rights, responsibilities, and legal aspects of **business partnerships**.
5. **Subtitle 5 – Contracts, Notes, and Other Commercial Instruments**:
– Here, you’ll find provisions related to **contracts**, **promissory notes**, and other **commercial instruments**.
– It covers the legal aspects of **obligations**, **negotiable instruments**, and **payment terms**.
6. **Subtitle 6 – Business Practices**:
– This section addresses various **business practices**, including **advertising**, **pricing**, and **competition**.
– It ensures fair and ethical conduct in commercial activities.
Feel free to explore specific sections within **Title 4** for more detailed information on each topic. Keep in mind that legal codes are subject to updates, so it’s advisable to consult official sources for the most current information¹³⁴.
Source: Conversation with Bing, 2024-04-14
(1) 2020 Arkansas Code Title 4 – Business and Commercial Law. https://law.justia.com/codes/arkansas/2020/title-4/.
(2) Arkansas Code Title 4. Business and Commercial Law | FindLaw. https://codes.findlaw.com/ar/title-4-business-and-commercial-law/.
(3) Arkansas Code of 1987 | Title 4 – BUSINESS AND COMMERCIAL LAW – Casetext. https://casetext.com/statute/arkansas-code-of-1987/title-4-business-and-commercial-law.
(4) 2020 Arkansas Code :: US Codes and Statutes – Justia Law. https://law.justia.com/codes/arkansas/2020/.
Leading us to the fact all “commerce is crime”, moving us right along to Title 5 Criminal Offenses:
The **2020 Arkansas Code Title 5** encompasses various aspects related to criminal offenses. Let’s delve into the different subtitles within this title:
1. **Subtitle 1 – General Provisions**: This section outlines fundamental principles and provisions related to criminal offenses.
2. **Subtitle 2 – Offenses Against the Person**: Here, you’ll find information about crimes that directly impact individuals, such as assault, battery, and homicide.
3. **Subtitle 3 – Offenses Involving Families, Dependents, Etc.**: This subtitle covers offenses related to family members, dependents, and domestic situations.
4. **Subtitle 4 – Offenses Against Property**: It deals with crimes affecting property, including theft, burglary, and vandalism.
5. **Subtitle 5 – Offenses Against the Administration of Government**: This section addresses crimes related to government functions, such as bribery, corruption, and obstruction of justice.
6. **Subtitle 6 – Offenses Against Public Health, Safety, or Welfare**: Here, you’ll find offenses concerning public safety, health, and welfare. For more detailed information, you can explore the **2020 Arkansas Code Title 5 – Criminal Offenses** on Justia Law’s website¹. Additionally, if you’re interested in the **2024 edition**, you can refer to the **Arkansas Criminal and Traffic Law Manual** or the **ARKANSAS CODE TITLE 5 CRIMINAL OFFENSES 2024 EDITION**³⁴. Stay informed and aware! 📚🔍
Source: Conversation with Bing, 2024-04-13 (1) 2020 Arkansas Code Title 5 – Criminal Offenses – Justia Law. https://law.justia.com/codes/arkansas/2020/title-5/. (2) ARKANSAS CRIMINAL AND TRAFFIC LAW MANUAL. https://www.blue360media.com/products/sample/?sku=20916-26. (3) ARKANSAS CODE TITLE 5 CRIMINAL OFFENSES 2024 EDITION: LEGISLATURE …. https://www.amazon.com/ARKANSAS-CODE-TITLE-CRIMINAL-OFFENSES/dp/B0CM6K786C. (4) Arkansas Code Title 5. Criminal Offenses § 5-2-202 | FindLaw. https://codes.findlaw.com/ar/title-5-criminal-offenses/ar-code-sect-5-2-202/.
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/ ________________________________
2020 Arkansas Code Title 5 – Criminal Offenses Subtitle 1 – General Provisions Chapter 1 – General Provisions § 5-1-107. Misdemeanors Universal Citation: AR Code § 5-1-107 (2020)
(a) An offense is a misdemeanor if the offense is:
(1) Designated a misdemeanor by the Arkansas Criminal Code;
(2) Designated a misdemeanor by a statute not a part of the Arkansas Criminal Code, except as provided in § 5-1-108; or
(3) Not designated a felony and a sentence to imprisonment is authorized upon conviction.
(b) A misdemeanor is classified as follows:
(1) Class A misdemeanor;
(2) Class B misdemeanor; or
(3) Class C misdemeanor.
(c) (1) Any misdemeanor defined by a statute not a part of the Arkansas Criminal Code that does not specify the class of the misdemeanor or prescribe a limitation on a sentence to imprisonment upon conviction of the misdemeanor is a Class A misdemeanor.
(2) Any misdemeanor defined by a statute not a part of the Arkansas Criminal Code that does prescribe a limitation on a sentence to imprisonment upon conviction of the misdemeanor is an unclassified misdemeanor.
__________________________________________________
In the realm of contract law, the term **”unconscionable”** refers to conduct that is either **unjust** or **one-sided**, disproportionately benefiting one party over the other. Let’s delve into this concept further:
1. **Definition of Unconscionable**:
– **Unconscionable conduct** involves behavior that is **unfair** or **one-sided**, providing more benefit to one party while disadvantaging the other.
– An **unconscionable contract** is one that **no reasonable person** would willingly enter into without a compelling reason.
– Such contracts are often encountered by individuals who are **poorly educated**, living in poverty, or unable to find a fairer agreement elsewhere.
2. **Characteristics of Unconscionability**:
– **Unconscionable language** includes terms or phrases that the average person would not fully understand.
– These terms may be **glossed over** by the party drafting the contract, leading the other party to sign an agreement they wouldn’t have agreed to with better understanding.
– For instance, a home purchase contract with hidden fees or obscure terms written in “legalese” could be considered unconscionable.
3. **Unconscionable Conduct**:
– **Fraud** or **deception** often underlie unconscionable conduct.
– One party deliberately **misrepresents facts** to deprive another of something valuable (e.g., money or property).
– Such behavior is akin to **stealing** or taking undue advantage of the other party.
4. **Unenforceability of Unconscionable Contracts**:
– An unconscionable contract is **considered unenforceable by law**.
– It would be unfair for the contract drafter to benefit from deliberate deception.
– Simultaneously, it would be unjust to bind the other party to a deceitful contract.
Remember, the term **”unconscionable”** serves as a safeguard against exploitative practices, ensuring fairness and equity in contractual agreements¹²..
Source: Conversation with Bing, 4/13/2024
(1) Unconscionable – Definition, Examples, Cases, Processes – Legal Dictionary. https://legaldictionary.net/unconscionable/.
(2) Unconscionability – Wikipedia. https://en.wikipedia.org/wiki/Unconscionability.
(3) Unconscionable conduct under the Australian Consumer Law … – Addisons. https://addisons.com/knowledge/insights/unconscionable-conduct-under-the-australian-consumer-law-takes-a-quantum-leap-forward/.
(4) en.wikipedia.org. https://en.wikipedia.org/wiki/Unconscionability.
____________________________
AR Code § 5-1-108
(a) An offense is a violation if the offense is designated a violation by:
(1) The Arkansas Criminal Code; or
(2) A statute not a part of the Arkansas Criminal Code.
(b) Regardless of any designation appearing in the statute defining an offense, an offense is a violation for purposes of the Arkansas Criminal Code if the statute defining the offense provides that no sentence other than a fine, fine or forfeiture, or civil penalty is authorized upon conviction.
______________________________
The **Arkansas Constitution** also includes a provision similar to the one you mentioned. According to **Article 2, Section 17** of the Arkansas Constitution:
“No bill of attainder, ex post facto law, or law impairing the obligation of contracts shall ever be passed; and no conviction shall work corruption of blood or forfeiture of estate.” ¹²³
This provision ensures that the state of Arkansas upholds the same protections against bills of attainder, ex post facto laws, and impairment of contracts as found in the U.S. Constitution. It emphasizes the importance of safeguarding individual rights and maintaining the integrity of legal processes within the state. 📜🔍
Source: Conversation with Bing, 4/13/2024
(1) Arkansas Constitution Article 2 § 17 – Attainder – Ex post facto laws …. https://law.justia.com/constitution/arkansas/article-2/section-17/.
(2) Arkansas Constitution Article 2 § 17 – Attainder – Ex post facto laws …. https://bing.com/search?q=Arkansas+Constitution+bill+of+attainder+ex+post+facto+law.
(3) Arkansas Constitution of 1874 Art. 2, § 17 | FindLaw. https://codes.findlaw.com/ar/arkansas-constitution-of-1874/ar-const-art-2-sect-17/.
(4) Article 2, Arkansas Constitution – Ballotpedia. https://ballotpedia.org/Article_2,_Arkansas_Constitution.
______________________________________________________________________
#theftofpropertyAR #Arkansas @kingzelanteam #GeneralProvisionsAR #Title5CriminalOffensesAR
[edited]
**Title 1 – General Provisions** in the **Arkansas Code** encompasses various legal aspects. Here are some key points from this title:
1. **Extension of Western Boundary Line** (Ark. Code § 1-1-101): This section deals with the extension of Arkansas’s western boundary line.
2. **Signature By Mark** (Ark. Code § 1-1-102): It addresses the validity of signatures made by a mark (such as a thumbprint) instead of a traditional signature.
3. **Application of Foreign Law, Legal Code, Or System – Definitions** (Ark. Code § 1-1-103): This section defines terms related to the application of foreign law, legal code, or systems within Arkansas.
4. **Arkansas Heritage Site – Legislative Findings and Intent**: This part pertains to the establishment and preservation of Arkansas heritage sites.
Please note that these codes may not be the most recent versions, and for the most up-to-date information, it’s advisable to check official sources¹. If you need further details or have specific questions, feel free to ask!
Source: Conversation with Bing, 2024-04-13
(1) 2020 Arkansas Code Title 1 – General Provisions – Justia Law. https://law.justia.com/codes/arkansas/2020/title-1/.
(2) Arkansas Code Title 1. General Provisions | FindLaw. https://codes.findlaw.com/ar/title-1-general-provisions/.
(3) Arkansas Code Title 25, Chapter 1, Subchapter 1 (2020) – General …. https://law.justia.com/codes/arkansas/2020/title-25/chapter-1/subchapter-1/.
(4) Title 1. General Provisions – 2022 Edition – Arkansas Statutes …. https://us.vlex.com/source/14866/chapter/title-1-general-provisions-399703647.
_________________________________________
The **2020 Arkansas Code Title 5** encompasses various aspects related to criminal offenses. Let’s delve into the different subtitles within this title:
1. **Subtitle 1 – General Provisions**: This section outlines fundamental principles and provisions related to criminal offenses.
2. **Subtitle 2 – Offenses Against the Person**: Here, you’ll find information about crimes that directly impact individuals, such as assault, battery, and homicide.
3. **Subtitle 3 – Offenses Involving Families, Dependents, Etc.**: This subtitle covers offenses related to family members, dependents, and domestic situations.
4. **Subtitle 4 – Offenses Against Property**: It deals with crimes affecting property, including theft, burglary, and vandalism.
5. **Subtitle 5 – Offenses Against the Administration of Government**: This section addresses crimes related to government functions, such as bribery, corruption, and obstruction of justice.
6. **Subtitle 6 – Offenses Against Public Health, Safety, or Welfare**: Here, you’ll find offenses concerning public safety, health, and welfare.
For more detailed information, you can explore the **2020 Arkansas Code Title 5 – Criminal Offenses** on Justia Law’s website¹. Additionally, if you’re interested in the **2024 edition**, you can refer to the **Arkansas Criminal and Traffic Law Manual** or the **ARKANSAS CODE TITLE 5 CRIMINAL OFFENSES 2024 EDITION**³⁴. Stay informed and aware! 📚🔍
Source: Conversation with Bing, 2024-04-13
(1) 2020 Arkansas Code Title 5 – Criminal Offenses – Justia Law. https://law.justia.com/codes/arkansas/2020/title-5/.
(2) ARKANSAS CRIMINAL AND TRAFFIC LAW MANUAL. https://www.blue360media.com/products/sample/?sku=20916-26.
(3) ARKANSAS CODE TITLE 5 CRIMINAL OFFENSES 2024 EDITION: LEGISLATURE …. https://www.amazon.com/ARKANSAS-CODE-TITLE-CRIMINAL-OFFENSES/dp/B0CM6K786C.
(4) Arkansas Code Title 5. Criminal Offenses § 5-2-202 | FindLaw. https://codes.findlaw.com/ar/title-5-criminal-offenses/ar-code-sect-5-2-202/.
______________________________________________________
Certainly! **Title 4** of the **Arkansas Code** encompasses various aspects of **Business and Commercial Law**. Let’s delve into its subdivisions:
1. **Subtitle 1 – Uniform Commercial Code**: This section deals with standardized rules governing commercial transactions, including sales of goods, secured transactions, and negotiable instruments¹².
2. **Subtitle 2 – Miscellaneous Commercial Law Provisions**: Here, you’ll find provisions related to various commercial matters beyond the Uniform Commercial Code¹².
3. **Subtitle 3 – Corporations and Associations**: This section covers legal aspects of corporations, associations, and their operations¹².
4. **Subtitle 4 – Partnerships**: It outlines regulations concerning partnerships, their formation, rights, and obligations¹².
5. **Subtitle 5 – Contracts, Notes, and Other Commercial Instruments**: This part addresses contracts, promissory notes, and other commercial documents¹².
Please note that these codes may not be the most recent versions, and for up-to-date information, it’s advisable to consult official sources¹²³.
Source: Conversation with Bing, 2024-04-15
(1) 2020 Arkansas Code Title 4 – Business and Commercial Law. https://law.justia.com/codes/arkansas/2020/title-4/.
(2) Arkansas Code of 1987 | Title 4 – BUSINESS AND COMMERCIAL LAW – Casetext. https://casetext.com/statute/arkansas-code-of-1987/title-4-business-and-commercial-law.
(3) Arkansas Code Title 4. Business and Commercial Law | FindLaw. https://codes.findlaw.com/ar/title-4-business-and-commercial-law/.
______________________________________________________
2020 Arkansas Code
Title 5 – Criminal Offenses
Subtitle 1 – General Provisions
Chapter 1 – General Provisions
§ 5-1-107. Misdemeanors
Universal Citation: AR Code § 5-1-107 (2020)
(a) An offense is a misdemeanor if the offense is:
(1) Designated a misdemeanor by the Arkansas Criminal Code;
(2) Designated a misdemeanor by a statute not a part of the Arkansas Criminal Code, except as provided in § 5-1-108; or
(3) Not designated a felony and a sentence to imprisonment is authorized upon conviction.
(b) A misdemeanor is classified as follows:
(1) Class A misdemeanor;
(2) Class B misdemeanor; or
(3) Class C misdemeanor.
(c)
(1) Any misdemeanor defined by a statute not a part of the Arkansas Criminal Code that does not specify the class of the misdemeanor or prescribe a limitation on a sentence to imprisonment upon conviction of the misdemeanor is a Class A misdemeanor.
(2) Any misdemeanor defined by a statute not a part of the Arkansas Criminal Code that does prescribe a limitation on a sentence to imprisonment upon conviction of the misdemeanor is an unclassified misdemeanor.
he realm of contract law, the term **”unconscionable”** refers to conduct that is either **unjust** or **one-sided**, disproportionately benefiting one party over the other. Let’s delve into this concept further:
1. **Definition of Unconscionable**:
– **Unconscionable conduct** involves behavior that is **unfair** or **one-sided**, providing more benefit to one party while disadvantaging the other.
– An **unconscionable contract** is one that **no reasonable person** would willingly enter into without a compelling reason.
– Such contracts are often encountered by individuals who are **poorly educated**, living in poverty, or unable to find a fairer agreement elsewhere.
2. **Characteristics of Unconscionability**:
– **Unconscionable language** includes terms or phrases that the average person would not fully understand.
– These terms may be **glossed over** by the party drafting the contract, leading the other party to sign an agreement they wouldn’t have agreed to with better understanding.
– For instance, a home purchase contract with hidden fees or obscure terms written in “legalese” could be considered unconscionable.
3. **Unconscionable Conduct**:
– **Fraud** or **deception** often underlie unconscionable conduct.
– One party deliberately **misrepresents facts** to deprive another of something valuable (e.g., money or property).
– Such behavior is akin to **stealing** or taking undue advantage of the other party.
4. **Unenforceability of Unconscionable Contracts**:
– An unconscionable contract is **considered unenforceable by law**.
– It would be unfair for the contract drafter to benefit from deliberate deception.
– Simultaneously, it would be unjust to bind the other party to a deceitful contract.
Remember, the term **”unconscionable”** serves as a safeguard against exploitative practices, ensuring fairness and equity in contractual agreements¹²..
Source: Conversation with Bing, 4/13/2024
(1) Unconscionable – Definition, Examples, Cases, Processes – Legal Dictionary. https://legaldictionary.net/unconscionable/.
(2) Unconscionability – Wikipedia. https://en.wikipedia.org/wiki/Unconscionability.
(3) Unconscionable conduct under the Australian Consumer Law … – Addisons. https://addisons.com/knowledge/insights/unconscionable-conduct-under-the-australian-consumer-law-takes-a-quantum-leap-forward/.
(4) en.wikipedia.org. https://en.wikipedia.org/wiki/Unconscionability.
_____________________________________________________________________
#ProsecutorArkansas
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.
____________________________________________________________________________
Boards & Commissions
https://media.conwayarkansas.gov/conwayarkansas-media/archive/ordinances/2006/O-06-24.pdf
Civil Service Commissionaires UnionThe Civil Service Commission governs the uniform employees (police and fire) of the City of Conway with regards to hiring, discipline and termination. The City Council established a board of civil service commissions for the police and fire departments, pursuant to Arkansas Code §14-51-102.
Lisa Mabry-Williams, Human Resources Director | (501) 450-6102
Civil Service Commission Rules and Regulations Proposed Changes 7-27-23
Lindsey Paxton, Chairman
Mailing Address:
Conway Municipal Building
1111 Main Street
Conway, Arkansas 72032
Telephone: (501) 450-6110
Email:
________________________________________________________________________
Certainly! Let’s explore the legal landscape in **Conway, Arkansas**. The city of Conway, located in Faulkner County, has a rich history and is home to educational institutions like Hendrix College and the University of Central Arkansas (UCA) ¹. Here’s what we know:
1. **Incorporation and County Seat**:
– Conway was incorporated on **October 16, 1875** and named after the prominent Arkansas family that included the state’s first elected governor, **James Sevier Conway** ¹.
– Colonel **Asa Peter Robinson**, known as the “Father of Conway,” played a pivotal role in the town’s development. He donated land for the courthouse, public square, and churches ¹².
2. **Legal Context**:
– While I don’t have the exact chapter you mentioned for Conway, it’s essential to recognize that legal systems can vary significantly between cities and states.
– However, the principle you highlighted—**due process and the right to be heard before imposing penalties**—is fundamental in legal proceedings across jurisdictions.
3. **Civil Infraction System**:
– If Conway has a similar chapter to Spokane’s Chapter 01.05, it would likely address matters related to civil infractions, penalties, and due process.
– **Public officers** must adhere to constitutional principles and provide an opportunity for individuals to be heard before imposing penalties.
4. **Brooks-Baxter War**:
– Conway’s history is intertwined with the **Brooks-Baxter War**, a political conflict in Arkansas during the late 1800s.
– The choice of Conway as Faulkner County’s seat was a point of contention during this period ¹.
In summary, while I don’t have the specific chapter you requested, the principles of due process and fairness are integral to legal systems, including those in Conway. If you need further information or have specific legal inquiries, I recommend consulting local legal resources or authorities.
Source: Conversation with Bing, 2024-04-14
(1) Conway (Faulkner County) – Encyclopedia of Arkansas. https://encyclopediaofarkansas.net/entries/conway-879/.
(2) Conway, Arkansas | Faulkner County Historical Society. https://www.faulknerhistory.org/communities/conway/.
(3) Home | City of Conway, Arkansas. https://conwayarkansas.gov/.
#FaulknerCountyManager #Arkansas @kingzelanteam
#LegalCompliance
The **County Manager** in **Faulkner County, Arkansas** holds a significant role in local government administration. Let’s explore their powers and duties:
1. #AdministrativeLeadership:
– 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.
2. #BudgetandFinance:
– 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.
3. #PersonelManagement:
– The County Manager supervises county employees, including hiring, training, and performance evaluations.
– They enforce personnel policies and address employee concerns.
4. #PolicyImplementation:
– They execute policies established by the Quorum Court.
– The County Manager ensures that county programs and services align with legislative directives.
5. #InteragencyCoordination:
– 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.
6. #EmergencyManagement:
– 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/.
___________________________________________________________________
#ProsecutorArkansas
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.
#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
#CourtCases we are posting this here for quick reference. We still have to read the cases:
1. **Loza v. City of Framingham (2020)**:
– The United States Court of Appeals for the First Circuit ruled in favor of the City of Framingham and Brian Simoneau in a lawsuit brought by former Framingham police officer Vincent Stuart. The case involved Garcetti speech retaliation and Massachusetts Whistleblower Act claims. The court found that the adverse employment decisions would have occurred whether or not Stuart engaged in protected speech¹.
2. **Hernandez v. City of San Jose (2018)**:
– The Ninth Circuit affirmed the district court’s denial of qualified immunity to police officers in an action under 42 U.S.C. § 1983. The case was brought by attendees of a political rally for Donald Trump who were attacked by anti-Trump protesters. The court held that the officers violated clearly established rights and were not entitled to qualified immunity¹².
3. **Rossi v. City of Chicago (2016)**:
– In this case, Rossi alleged that Detective Glenn Mathews, a Chicago police officer, failed to properly investigate an assault case. The Seventh Circuit affirmed summary judgment for the defendants, ruling that Rossi was not denied judicial access because the police did not conceal any facts preventing him from obtaining legal redress from his assailants⁴.
4. **Nieves v. Bartlett (2019)**:
– The Supreme Court held that probable cause should generally defeat a retaliatory arrest claim brought under the First Amendment. A § 1983 plaintiff must prove that the conviction or sentence has been reversed on direct appeal, expunged by executive order, declared invalid by a state tribunal, or called into question by a federal court’s issuance of a writ of habeas corpus⁸.
5. **Heck v. Humphrey (1994)**:
– In this landmark case, the Supreme Court held that in order to recover damages for allegedly unconstitutional conviction or imprisonment, a § 1983 plaintiff must prove that the conviction or sentence has been reversed on direct appeal, expunged, declared invalid by a state tribunal, or called into question by a federal court’s issuance of a writ of habeas corpus¹⁶.
Unfortunately, I couldn’t find specific cases for Smith v. City of Hemet, Johnson v. City of Cincinnati, Caliahan v. Millard County, and Pyles v. Raisor. If you have any other requests or need further information, feel free to ask! 😊
Source: Conversation with Bing, 2024-04-12
(1) United States Court of Appeals. http://media.ca1.uscourts.gov/pdf.opinions/20-1135P-01A.pdf.
(2) Hernandez v. City of San Jose, No. 17-15576 (9th Cir. 2018). https://law.justia.com/cases/federal/appellate-courts/ca9/17-15576/17-15576-2018-07-27.html.
(3) Rossi v. City of Chicago, No. 13-3795 (7th Cir. 2015) :: Justia. https://law.justia.com/cases/federal/appellate-courts/ca7/13-3795/13-3795-2015-06-22.html.
(4) Nieves v. Bartlett :: 587 U.S. ___ (2019) – Justia US Supreme Court Center. https://supreme.justia.com/cases/federal/us/587/17-1174/.
(5) Heck v. Humphrey :: 512 U.S. 477 (1994) – Justia US Supreme Court Center. https://supreme.justia.com/cases/federal/us/512/477/.
(6) Courts Decide in Favor of City of Framingham In Regards to 3 Police Cases. https://framinghamsource.com/index.php/2021/05/11/courts-decide-in-favor-of-city-of-framingham-in-regards-to-3-police-cases/.
(7) Stuart v. City of Framingham & Brian Simoneau – Casetext. https://casetext.com/case/stuart-v-city-of-framingham-brian-simoneau.
(8) ROSSI v. CITY OF CHICAGO (2015) | FindLaw. https://caselaw.findlaw.com/court/us-7th-circuit/1705365.html.
(9) Joseph Rossi v. City of Chicago, et al – Justia Dockets & Filings. https://docs.justia.com/cases/federal/appellate-courts/ca7/13-3795/702553099.
(10) Botched Investigation or Cover-Up? Either Way, It May Not Be a …. https://cdn.ymaws.com/www.idc.law/resource/resmgr/Publication_PDF_2/25.4.57.pdf.
(11) Nieves v. Bartlett – Wikipedia. https://en.wikipedia.org/wiki/Nieves_v._Bartlett.
(12) Nieves v. Bartlett (2019) – The Free Speech Center. https://firstamendment.mtsu.edu/article/nieves-v-bartlett/.
(13) Nieves v. Bartlett – SCOTUSblog. https://www.scotusblog.com/case-files/cases/nieves-v-bartlett/.
(14) Hernandez v. City of San Jose — Justia U.S. 9th Circuit Court of …. https://us9thcircuitcourtofappealsopinions.justia.com/2018/07/27/hernandez-v-city-of-san-jose/.
(15) HERNANDEZ v. CITY OF SAN JOSE (2018) | FindLaw. https://caselaw.findlaw.com/court/us-9th-circuit/1945394.html.
(16) Hernandez v. City of San Jose, 897 F.3d 1125 – Casetext. https://casetext.com/case/hernandez-v-city-of-san-jose-corp.
(17) Heck v. Humphrey – Wikipedia. https://en.wikipedia.org/wiki/Heck_v._Humphrey.
(18) Analyses of Heck v. Humphrey, 512 U.S. 477 | Casetext. https://casetext.com/case/heck-v-humphrey/analysis?citingPage=1&sort=relevance.
(19) Heck v. Humphrey – Wikisource, the free online library. https://en.wikisource.org/wiki/Heck_v._Humphrey.
________________________________________________________________
#PoliceCanada #NegligentInvestigation
When the issue is whether the involved **police officers** were negligent in laying charges, as it was in this case, the standard of care is informed by whether the officer had **reasonable and probable grounds** to believe that the suspect has committed an offense¹⁵.
Here are some key points:
1. **Negligent Investigation**:
– In the **tort of negligent investigation**, the standard of care is that of a **”reasonable police officer in similar circumstances”**.
– Expert evidence is typically required to establish this standard, but in certain cases, non-technical matters within the knowledge and experience of the trial judge may suffice.
– The standard is not one of perfection but rather considers the prevailing circumstances at the time of the conduct.
– Hindsight is not the basis for assessment; instead, it’s the context of the situation¹.
2. **Probable Grounds for Charges**:
– Police officers must have **reasonable and probable grounds** to believe that an offense has occurred before laying charges.
– If the officers reasonably believe that a suspect committed an offense, they can proceed with charges.
– However, mere negligence or failing to exercise due care is not enough to create liability².
3. **Example Case**:
– In the case of **Drury v. Cornish**, the plaintiff (a criminal defense lawyer) claimed negligent investigation against the Ontario Provincial Police (OPP) officers.
– The officers arrested and charged the plaintiff with criminal harassment based on a complaint by his estranged wife.
– The trial judge found in favor of the plaintiff, stating that additional avenues of investigation should have been exhausted before laying charges¹.
4. **Balancing Act**:
– Balancing the need for swift action by police officers with the requirement for reasonable grounds is essential.
– While officers have discretion, they must act reasonably and avoid negligence in their investigations.
In summary, police officers should exercise due diligence, assess the evidence, and ensure they have reasonable grounds before laying charges, even for misdemeanors¹²⁴.
Source: Conversation with Bing, 2024-04-01
(1) Canada: When Can Police Officers Be Negligent For Laying Charges? – Mondaq. https://www.mondaq.com/canada/libel-defamation/902162/when-can-police-officers-be-negligent-for-laying-charges.
(2) When Can Police Officers Be Negligent For Laying Charges?. https://www.rogerspartners.com/police-officers-laying-charges/.
(3) Police Misconduct and Civil Rights – FindLaw. https://www.findlaw.com/civilrights/civil-rights-overview/police-misconduct-and-civil-rights.html.
(4) Involuntary Manslaughter: Penalties and Sentencing – LawInfo. https://www.lawinfo.com/resources/criminal-defense/involuntary-manslaughter/involuntary-manslaughter-penalties-sentencing.html.
(5) Operating to Endanger / Negligent Operation (Reckless Driving). https://www.mymassachusettsdefenselawyer.com/massachusetts-criminal-charges/negligent-operation-reckless-driving/.
Here are some notable **Supreme Court cases** and other legal decisions related to due process, false arrest, improper prosecution, and unlawful imprisonment:
1. **Dobbs v. Jackson Women’s Health Organization (2022)**:
– In this recent case, the Supreme Court ruled that the Constitution does not confer an explicit right to abortion. The landmark decisions of **Roe v. Wade** and **Planned Parenthood v. Casey** were overruled, and the authority to regulate abortion was returned to the people and their elected representatives¹.
2. **Kahler v. Kansas (2020)**:
– The Supreme Court held that due process does not require a state to adopt an insanity test that turns solely on a defendant’s ability to recognize that their crime was morally wrong. This decision clarified the standards for determining criminal responsibility¹.
3. **Timbs v. Indiana (2019)**:
– The Court ruled that the **Excessive Fines Clause** of the **Eighth Amendment** applies to the states under the **Fourteenth Amendment’s Due Process Clause**. This decision reinforced the protection against excessive fines and penalties¹.
4. **Obergefell v. Hodges (2015)**:
– The Supreme Court held that the **Fourteenth Amendment** requires states to license marriages between two people of the same sex and recognize such marriages performed outside the state. This landmark decision established marriage equality nationwide¹.
5. **Lawrence v. Texas (2003)**:
– In this case, the Court ruled that the liberty protected by the Constitution allows homosexual persons the right to choose to enter into relationships in the confines of their homes and private lives without government interference. This decision struck down Texas’s sodomy law and had broader implications for LGBTQ+ rights¹.
6. **Chicago v. Morales (1999)**:
– The Court held that vague criminal laws may be invalidated if they fail to provide sufficient notice to ordinary people about prohibited conduct or if they encourage arbitrary and discriminatory enforcement. This decision emphasized the importance of clarity in criminal statutes¹.
7. **Mathews v. Eldridge (1976)**:
– While not directly related to false arrest, this case established a framework for analyzing due process claims. It considers factors such as the private interest affected, the risk of erroneous deprivation, and the government’s interest in determining the appropriate procedures¹.
Remember that these cases involve constitutional principles and federal courts. For specific cases in state or municipal courts, it’s essential to research local decisions and legal precedents. 📜⚖️🏙️
Source: Conversation with Bing, 2024-04-12
(1) Due Process Supreme Court Cases. https://supreme.justia.com/cases-by-topic/due-process/.
(2) 10 Supreme Court cases about the 14th Amendment. https://constitutioncenter.org/blog/10-huge-supreme-court-cases-about-the-14th-amendment.
(3) US Case Law, Court Opinions & Decisions :: Justia. https://law.justia.com/cases/.
______________________________________
1. **Nelson (City) v. Marchi (Marchi), 2021 SCC 41**:
– In this **Supreme Court of Canada** case, the court revisited the law of government liability in negligence.
– The Court held that **municipalities can be sued for negligent snow-clearing**.
– The decision created a new legal test to determine when government agents are immune from suit in negligence.
– Lower courts now consider four factors to determine if government conduct is immune from liability:
– The **level and responsibility of the decision maker(s)**.
– The **process by which the decision was made**.
– The **nature and extent of budgetary considerations**.
– The **extent to which the decision was based on objective criteria**¹.
2. **Shoemaker v. City of Howell**:
– In this case, the **Sixth Circuit** held that a municipality’s failure to notify a homeowner of his ability to challenge a city-ordinance violation did not violate the **Due Process Clause**.
– The court found that repeated notices to the homeowner, which cited the relevant city ordinance, did not constitute a due process violation³.
3. **Due Process Clause**:
– The **Due Process Clause** of the **Fifth Amendment** ensures that individuals are not deprived of life, liberty, or property without due process of law.
– While cases involving municipal governments violating due process are less common, the Due Process Clause remains a critical constitutional protection⁴.
In summary, while specific cases may vary, legal principles and recent decisions highlight the importance of due process and government liability in negligence. 📜⚖️🏙️
Source: Conversation with Bing, 2024-04-12
(1) Supreme Court of Canada revisits the law of government liability in …. https://www.osler.com/en/resources/regulations/2021/supreme-court-of-canada-revisits-the-law-of-government-liability-in-negligence.
(2) Shoemaker v. City of Howell – Harvard Law Review. https://harvardlawreview.org/print/vol-129/shoemaker-v-city-of-howell/.
(3) Due Process Supreme Court Cases. https://supreme.justia.com/cases-by-topic/due-process/.
(4) Municipalities Take Note – Сox & Palmer. https://coxandpalmerlaw.com/publication/municipalities-take-note-recent-supreme-court-of-canada-decision-sets-framework-for-determining-municipal-liability/.
(5) Cities can be sued over ‘operational’ decisions resulting in tort …. https://www.canadianlawyermag.com/practice-areas/litigation/cities-can-be-sued-over-operational-decisions-resulting-in-tort-claims-scc/360996.
In the **Chicago v. Morales (1999)** case, the United States Supreme Court ruled that a law cannot be so vague that an ordinary person of intelligence cannot discern what constitutes innocent activity versus illegal behavior¹. The case centered around Chicago’s Gang Congregation Ordinance, which prohibited “criminal street gang members” from loitering in public places. Under this ordinance, if a police officer observed a person reasonably believed to be a gang member loitering with one or more individuals, they were required to order them to disperse. Failure to promptly obey such an order constituted a violation of the ordinance. However, the Court found that the ordinance was impermissibly vague on its face and an arbitrary restriction on personal liberties, violating due process¹. This decision underscored the need for clear and understandable criminal statutes to prevent arbitrary enforcement and protect individual rights.
Source: Conversation with Bing, 2024-04-12
(1) Chicago v. Morales :: 527 U.S. 41 (1999) – Justia US Supreme Court Center. https://supreme.justia.com/cases/federal/us/527/41/.
(2) City of Chicago v. Morales – Wikipedia. https://en.wikipedia.org/wiki/City_of_Chicago_v._Morales.
(3) City of Chicago v. Morales (1999) – The Free Speech Center. https://firstamendment.mtsu.edu/article/city-of-chicago-v-morales/.
(4) Chicago v. Morales – College of Liberal Arts. http://users.soc.umn.edu/~samaha/cases/chicago_v_morales.html.
Chicago v. Morales, 527 U.S. 41 (1999)
https://supreme.justia.com/cases/federal/us/527/41
sIn the ** #HeckvHumphrey** case, decided by the United States Supreme Court in 1994, a critical legal principle was established. The Court held that for an individual to seek damages related to an allegedly unconstitutional conviction or imprisonment under **42 U.S.C. § 1983**, they must demonstrate that their conviction or sentence has met specific criteria. These criteria include:
1. **Reversal on Direct Appeal**: The conviction or sentence must have been **reversed on direct appeal**.
2. **Expungement**: The conviction or sentence must have been **expunged by executive order**.
3. **Invalidation by State Tribunal**: The conviction or sentence must have been **declared invalid by a state tribunal** authorized to make such determinations.
4. **Federal Habeas Corpus**: The conviction or sentence must have been **called into question by a federal court’s issuance of a writ of habeas corpus**¹.
In essence, this ruling ensures that a § 1983 plaintiff seeking damages based on an unconstitutional conviction must establish that their conviction or sentence has undergone one of these specific forms of review or invalidation. Without meeting these criteria, the pursuit of damages would be legally insufficient¹².
Source: Conversation with Bing, 2024-04-12
(1) Heck v. Humphrey :: 512 U.S. 477 (1994) – Justia US Supreme Court Center. https://supreme.justia.com/cases/federal/us/512/477/.
(2) Analyses of Heck v. Humphrey, 512 U.S. 477 | Casetext. https://casetext.com/case/heck-v-humphrey/analysis?citingPage=1&sort=relevance.
(3) Heck v. Humphrey – Wikipedia. https://en.wikipedia.org/wiki/Heck_v._Humphrey.
(4) Heck v. Humphrey – Wikisource, the free online library. https://en.wikisource.org/wiki/Heck_v._Humphrey.
Heck v. Humphrey, 512 U.S. 477 (1994)
https://supreme.justia.com/cases/federal/us/512/477
In the case of **Pyles v. Raisor**, which was decided on August 1, 1995, plaintiff Teresa Pyles brought a **42 U.S.C. § 1983 action** against defendant Robert Raisor. Raisor, an enforcement officer for Kentucky’s Department of Alcoholic Beverage Control, had arrested Pyles at a rock concert for supplying alcohol to a minor. Pyles claimed that the arrest and the manner in which it was conducted violated her civil rights. The district court agreed in part, concluding that Pyles’ arrest violated Kentucky law. As a result, the court entered judgment as a matter of law in Pyles’ favor on the issue of liability, and the jury awarded her **$35,000 in damages**¹²³.
However, it’s important to note that despite the violation of state law, the court found that there was **no federal constitutional right implicated** in this action. Consequently, the judgment against Raisor was reversed¹.
Source: Conversation with Bing, 2024-04-12
(1) Pyles v. Raisor, 60 F.3d 1211 | Casetext Search + Citator. https://casetext.com/case/pyles-v-raisor.
(2) PYLES v. RAISOR | 60 F.3d 1211 | 6th Cir. | Judgment | Law – CaseMine. https://www.casemine.com/judgement/us/591483e8add7b049344af10b.
(3) Teresa A. Pyles, Plaintiff-appellee, v. Robert S. Raisor … – Justia Law. https://law.justia.com/cases/federal/appellate-courts/F3/60/1211/566417/.
(4) PYLES v. RAISOR | 60 F.3d 1211 (1995) | 3d121111082 – Leagle. https://www.leagle.com/decision/1995127160f3d121111082.
In the case of **Smith v. City of Hemet**, Thomas Smith, the plaintiff, filed a §1983 action against the City of Hemet, its police department, and several individual officers. The central issue revolved around whether excessive force used during an arrest could be reconciled with Smith’s conviction under California Penal Code §148(a)(1) for willfully resisting, delaying, or obstructing a peace officer in the performance of his duties¹.
Here are the key points from the case:
1. **Factual Background**:
– On the night of August 16, 1999, Smith’s wife called the Hemet Police Department, reporting that Smith had physically assaulted her.
– Officer Daniel Reinbolt responded to the call and encountered Smith standing on his front porch with his hands in his pockets.
– Smith’s wife had informed emergency personnel that he did not have a gun, there were no weapons in the house, and he was wearing pajamas.
– The encounter escalated, leading to Smith’s arrest.
2. **Legal Questions**:
– The court addressed whether Smith’s §1983 action for excessive use of force was barred by the doctrine established in *Heck v. Humphrey*.
– *Heck* held that if a plaintiff’s conviction would necessarily imply the invalidity of their claim, the claim is barred.
– In this case, Smith had been convicted under California Penal Code §148(a)(1) for resisting an officer.
3. **Court’s Ruling**:
– The court ruled that Smith’s §1983 action was **not** barred by *Heck* because the excessive force might have been applied after the conduct that led to his conviction.
– In other words, Smith’s claim did not necessarily undermine the validity of his conviction.
– The court also clarified that “deadly force” in this context refers to force that creates a substantial risk of causing death or serious bodily injury.
4. **Definition of “Deadly Force”**:
– The court aligned with other circuits and adopted a definition of “deadly force” consistent with the Model Penal Code.
– “Deadly force” is force that poses a significant risk of causing death or serious bodily harm.
In summary, the court reversed the grant of summary judgment and remanded the case to the district court for further proceedings¹. If you’d like more details, you can find the full opinion [here](https://caselaw.findlaw.com/court/us-9th-circuit/1320735.html)¹.
Source: Conversation with Bing, 2024-04-12
(1) SMITH v. CITY OF HEMET (2005) | FindLaw. https://caselaw.findlaw.com/court/us-9th-circuit/1320735.html.
(2) SMITH v. CITY OF HEMET, 01/29/2004, 02-56445 – FindLaw. https://caselaw.findlaw.com/summary/opinion/us-9th-circuit/2004/01/29/121244.html.
(3) SMITH v. CITY OF HEMET (2004) | FindLaw. https://caselaw.findlaw.com/court/us-9th-circuit/1420195.html.
(4) 371 F3d 1045 Smith v. City of Hemet | OpenJurist. https://openjurist.org/371/f3d/1045/smith-v-city-of-hemet.
(5) SMITH v. CITY OF HEMET 689 – Reuters. https://graphics.thomsonreuters.com/srepfiles/2020/qi-two-master/en/pdf/SmithvCityofHemet.pdf.
In the case of **Johnson v. City of Cincinnati**, the City’s drug-exclusion ordinance, Cincinnati Municipal Code § 755, was challenged in court. The district court declared this ordinance **unconstitutional on its face** and also found it **unconstitutional as applied** to plaintiffs Patricia Johnson and Michael Au France. Additionally, the court awarded attorney fees to the plaintiffs¹. The ordinance aimed to exclude individuals from certain public areas for a specified period if they were arrested or taken into custody within designated drug-exclusion zones for specific drug offenses. However, the court ruled that this violated the right to intrastate travel¹. The decision highlights the importance of balancing public safety measures with individual rights. For more details, you can refer to the full opinion [here](https://casetext.com/case/johnson-v-city-of-cincinnati)¹.
Source: Conversation with Bing, 2024-04-12
(1) Johnson v. City of Cincinnati, 310 F.3d 484 – Casetext. https://casetext.com/case/johnson-v-city-of-cincinnati.
(2) Johnson v. City of Cincinnati – Federal Cases – Case Law – vLex. https://case-law.vlex.com/vid/johnson-v-city-of-891975599.
(3) JOHNSON v. CITY OF CINCINNATI, 09/26/2002, 00-4477 – FindLaw Caselaw. https://caselaw.findlaw.com/summary/opinion/us-6th-circuit/2002/09/26/112539.html.
Further, #CourtCases we are posting this here for quick reference. Read all cases for relevance:
1. **Loza v. City of Framingham (2020)**:
– The United States Court of Appeals for the First Circuit ruled in favor of the City of Framingham and Brian Simoneau in a lawsuit brought by former Framingham police officer Vincent Stuart. The case involved Garcetti speech retaliation and Massachusetts Whistleblower Act claims. The court found that the adverse employment decisions would have occurred whether or not Stuart engaged in protected speech¹.
2. **Hernandez v. City of San Jose (2018)**:
– The Ninth Circuit affirmed the district court’s denial of qualified immunity to police officers in an action under 42 U.S.C. § 1983. The case was brought by attendees of a political rally for Donald Trump who were attacked by anti-Trump protesters. The court held that the officers violated clearly established rights and were not entitled to qualified immunity¹².
3. **Rossi v. City of Chicago (2016)**:
– In this case, Rossi alleged that Detective Glenn Mathews, a Chicago police officer, failed to properly investigate an assault case. The Seventh Circuit affirmed summary judgment for the defendants, ruling that Rossi was not denied judicial access because the police did not conceal any facts preventing him from obtaining legal redress from his assailants⁴.
4. **Nieves v. Bartlett (2019)**:
– The Supreme Court held that probable cause should generally defeat a retaliatory arrest claim brought under the First Amendment. A § 1983 plaintiff must prove that the conviction or sentence has been reversed on direct appeal, expunged by executive order, declared invalid by a state tribunal, or called into question by a federal court’s issuance of a writ of habeas corpus⁸.
5. **Heck v. Humphrey (1994)**:
– In this landmark case, the Supreme Court held that in order to recover damages for allegedly unconstitutional conviction or imprisonment, a § 1983 plaintiff must prove that the conviction or sentence has been reversed on direct appeal, expunged, declared invalid by a state tribunal, or called into question by a federal court’s issuance of a writ of habeas corpus¹⁶.
Unfortunately, I couldn’t find specific cases for Smith v. City of Hemet, Johnson v. City of Cincinnati, Caliahan v. Millard County, and Pyles v. Raisor. If you have any other requests or need further information, feel free to ask! 😊
Source: Conversation with Bing, 2024-04-12
(1) United States Court of Appeals. http://media.ca1.uscourts.gov/pdf.opinions/20-1135P-01A.pdf.
(2) Hernandez v. City of San Jose, No. 17-15576 (9th Cir. 2018). https://law.justia.com/cases/federal/appellate-courts/ca9/17-15576/17-15576-2018-07-27.html.
(3) Rossi v. City of Chicago, No. 13-3795 (7th Cir. 2015) :: Justia. https://law.justia.com/cases/federal/appellate-courts/ca7/13-3795/13-3795-2015-06-22.html.
(4) Nieves v. Bartlett :: 587 U.S. ___ (2019) – Justia US Supreme Court Center. https://supreme.justia.com/cases/federal/us/587/17-1174/.
(5) Heck v. Humphrey :: 512 U.S. 477 (1994) – Justia US Supreme Court Center. https://supreme.justia.com/cases/federal/us/512/477/.
(6) Courts Decide in Favor of City of Framingham In Regards to 3 Police Cases. https://framinghamsource.com/index.php/2021/05/11/courts-decide-in-favor-of-city-of-framingham-in-regards-to-3-police-cases/.
(7) Stuart v. City of Framingham & Brian Simoneau – Casetext. https://casetext.com/case/stuart-v-city-of-framingham-brian-simoneau.
(8) ROSSI v. CITY OF CHICAGO (2015) | FindLaw. https://caselaw.findlaw.com/court/us-7th-circuit/1705365.html.
(9) Joseph Rossi v. City of Chicago, et al – Justia Dockets & Filings. https://docs.justia.com/cases/federal/appellate-courts/ca7/13-3795/702553099.
(10) Botched Investigation or Cover-Up? Either Way, It May Not Be a …. https://cdn.ymaws.com/www.idc.law/resource/resmgr/Publication_PDF_2/25.4.57.pdf.
(11) Nieves v. Bartlett – Wikipedia. https://en.wikipedia.org/wiki/Nieves_v._Bartlett.
(12) Nieves v. Bartlett (2019) – The Free Speech Center. https://firstamendment.mtsu.edu/article/nieves-v-bartlett/.
(13) Nieves v. Bartlett – SCOTUSblog. https://www.scotusblog.com/case-files/cases/nieves-v-bartlett/.
(14) Hernandez v. City of San Jose — Justia U.S. 9th Circuit Court of …. https://us9thcircuitcourtofappealsopinions.justia.com/2018/07/27/hernandez-v-city-of-san-jose/.
(15) HERNANDEZ v. CITY OF SAN JOSE (2018) | FindLaw. https://caselaw.findlaw.com/court/us-9th-circuit/1945394.html.
(16) Hernandez v. City of San Jose, 897 F.3d 1125 – Casetext. https://casetext.com/case/hernandez-v-city-of-san-jose-corp.
(17) Heck v. Humphrey – Wikipedia. https://en.wikipedia.org/wiki/Heck_v._Humphrey.
(18) Analyses of Heck v. Humphrey, 512 U.S. 477 | Casetext. https://casetext.com/case/heck-v-humphrey/analysis?citingPage=1&sort=relevance.
(19) Heck v. Humphrey – Wikisource, the free online library. https://en.wikisource.org/wiki/Heck_v._Humphrey.
__________________________________________________
Here are some notable **Supreme Court cases** and other legal decisions related to due process, false arrest, improper prosecution, and unlawful imprisonment:
1. **Dobbs v. Jackson Women’s Health Organization (2022)**:
– In this recent case, the Supreme Court ruled that the Constitution does not confer an explicit right to abortion. The landmark decisions of **Roe v. Wade** and **Planned Parenthood v. Casey** were overruled, and the authority to regulate abortion was returned to the people and their elected representatives¹.
2. **Kahler v. Kansas (2020)**:
– The Supreme Court held that due process does not require a state to adopt an insanity test that turns solely on a defendant’s ability to recognize that their crime was morally wrong. This decision clarified the standards for determining criminal responsibility¹.
3. **Timbs v. Indiana (2019)**:
– The Court ruled that the **Excessive Fines Clause** of the **Eighth Amendment** applies to the states under the **Fourteenth Amendment’s Due Process Clause**. This decision reinforced the protection against excessive fines and penalties¹.
4. **Obergefell v. Hodges (2015)**:
– The Supreme Court held that the **Fourteenth Amendment** requires states to license marriages between two people of the same sex and recognize such marriages performed outside the state. This landmark decision established marriage equality nationwide¹.
5. **Lawrence v. Texas (2003)**:
– In this case, the Court ruled that the liberty protected by the Constitution allows homosexual persons the right to choose to enter into relationships in the confines of their homes and private lives without government interference. This decision struck down Texas’s sodomy law and had broader implications for LGBTQ+ rights¹.
6. **Chicago v. Morales (1999)**:
– The Court held that vague criminal laws may be invalidated if they fail to provide sufficient notice to ordinary people about prohibited conduct or if they encourage arbitrary and discriminatory enforcement. This decision emphasized the importance of clarity in criminal statutes¹.
7. **Mathews v. Eldridge (1976)**:
– While not directly related to false arrest, this case established a framework for analyzing due process claims. It considers factors such as the private interest affected, the risk of erroneous deprivation, and the government’s interest in determining the appropriate procedures¹.
Remember that these cases involve constitutional principles and federal courts. For specific cases in state or municipal courts, it’s essential to research local decisions and legal precedents. 📜⚖️🏙️
Source: Conversation with Bing, 2024-04-12
(1) Due Process Supreme Court Cases. https://supreme.justia.com/cases-by-topic/due-process/.
(2) 10 Supreme Court cases about the 14th Amendment. https://constitutioncenter.org/blog/10-huge-supreme-court-cases-about-the-14th-amendment.
(3) US Case Law, Court Opinions & Decisions :: Justia. https://law.justia.com/cases/.
1. **Nelson (City) v. Marchi (Marchi), 2021 SCC 41**:
– In this **Supreme Court of Canada** case, the court revisited the law of government liability in negligence.
– The Court held that **municipalities can be sued for negligent snow-clearing**.
– The decision created a new legal test to determine when government agents are immune from suit in negligence.
– Lower courts now consider four factors to determine if government conduct is immune from liability:
– The **level and responsibility of the decision maker(s)**.
– The **process by which the decision was made**.
– The **nature and extent of budgetary considerations**.
– The **extent to which the decision was based on objective criteria**¹.
2. **Shoemaker v. City of Howell**:
– In this case, the **Sixth Circuit** held that a municipality’s failure to notify a homeowner of his ability to challenge a city-ordinance violation did not violate the **Due Process Clause**.
– The court found that repeated notices to the homeowner, which cited the relevant city ordinance, did not constitute a due process violation³.
3. **Due Process Clause**:
– The **Due Process Clause** of the **Fifth Amendment** ensures that individuals are not deprived of life, liberty, or property without due process of law.
– While cases involving municipal governments violating due process are less common, the Due Process Clause remains a critical constitutional protection⁴.
In summary, while specific cases may vary, legal principles and recent decisions highlight the importance of due process and government liability in negligence. 📜⚖️🏙️
Source: Conversation with Bing, 2024-04-12
(1) Supreme Court of Canada revisits the law of government liability in …. https://www.osler.com/en/resources/regulations/2021/supreme-court-of-canada-revisits-the-law-of-government-liability-in-negligence.
(2) Shoemaker v. City of Howell – Harvard Law Review. https://harvardlawreview.org/print/vol-129/shoemaker-v-city-of-howell/.
(3) Due Process Supreme Court Cases. https://supreme.justia.com/cases-by-topic/due-process/.
(4) Municipalities Take Note – Сox & Palmer. https://coxandpalmerlaw.com/publication/municipalities-take-note-recent-supreme-court-of-canada-decision-sets-framework-for-determining-municipal-liability/.
(5) Cities can be sued over ‘operational’ decisions resulting in tort …. https://www.canadianlawyermag.com/practice-areas/litigation/cities-can-be-sued-over-operational-decisions-resulting-in-tort-claims-scc/360996.
Due Process Supreme Court Cases
https://supreme.justia.com/cases-by-topic/due-process
_________________________________________________________
#contractclause #48cfr522125
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.
Representation of a corporation by a non-attorney👈🏿
“In all courts of the United States the parties may plead and conduct their own cases personally or by counsel as, by the rules of such courts, respectively, are permitted to manage and conduct causes therein.” 28 U.S.C.A. § 1654. While § 1654 authorizes pro se litigation for individuals (natural persons), corporations are not natural persons; rather, they are artificial entities incapable of pleading or conducting their own cases. 👉🏿Overwhelmingly, courts have held that a corporation must be represented by an attorney. See Rowland v. California Men’s Colony, Unit II Men’s Advisory Council, 506 U.S. 194, 201–02, 113 S. Ct. 716, 721, 121 L. Ed. 2d 656 (1993) (“It has been the law for the better part of two centuries, for example, that a corporation may appear in the federal courts only through #licensedcounsel”). Additionally, 💪“it is admitted that a corporation can only appear by attorney, and it is also admitted, that the attorney must receive the authority of the corporation to enable him to represent it.” #Osborn v. Bank of U.S., 22 U.S. 738, 829, 6 L. Ed. 204 (1824). The rule requiring corporations to have counsel rather than to proceed in litigation pro se applies even if the corporation is a non-profit corporation. See, Multi Denominational Ministry of Cannabis and Rastafari, Inc. v. Gonzales, 474 F.Supp. 1133, 1141 (N.D.C. 2007). 👉🏿👉🏿👉🏿Her Oceans v. Cmty. Outreach Behav. Servs., Inc., No. 1:21-CV-00198-DCN, 2021 WL 3172914 (D. Idaho July 27, 2021)
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Patriot Act
The #PatriotAct is a shorthand name for The Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act. The Act was passed shortly after the terrorist attacks on September 11, 2001. It was signed into law on October 26, 2001 by President George W. Bush. The legislation was aimed at bolstering national security, with a special focus on foreign terrorism. Among other things, the Act:
Enhances domestic security procedures, including increasing funding for law enforcement agencies and the military Enhances law enforcement’s surveillance capabilities, including foreign and domestic phone, wire, and computer tapping Removes obstacles to investigating terrorism, including easing interagency communication and encouraging information sharing Increases the penalties for acts of terrorism and expands the list of activities considered to be acts of terrorism.
The Patriot Act expired in mid-2015, and since June 2nd, 2015 has been repackaged under the USA Freedom Act. #USAFreedomAct #TSA
https://www.law.cornell.edu/wex/patriot_act
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Seem the Gov’na passed HEA 1296, to do with gun control and there are 9 examples of “prohibited persons” pursuant to 18 U.S.C. § 922 (g). Let’s explore the categories of individuals who fall into this prohibited status:
[See FF, as that includes all of them does it not]???
AA. Convicted Felons: Anyone convicted in any court of a crime punishable by imprisonment for a term exceeding one year.
BB. Fugitives from Justice: Individuals who are actively evading law enforcement.
CC. Unlawful Users of Controlled Substances: Those addicted to or unlawfully using controlled substances.
DD. Adjudicated as Mentally Defective: Persons who have been declared mentally defective or committed to a mental institution.
Illegal Aliens: Non-citizens residing unlawfully in the United States.
EE. Dishonorably Discharged Veterans: Those discharged from the Armed Forces under dishonorable conditions.
FF. 👉Renouncers of U.S. Citizenship: Individuals who have voluntarily renounced their U.S. citizenship.
GG. Court-Restrained Individuals: Persons subject to court orders restraining them from harassing, stalking, or threatening an intimate partner or child of the intimate partner.
HH. Misdemeanor Domestic Violence Convicts: Individuals convicted of a misdemeanor crime of domestic violence. #uscitizenship #18usc922 #protectedperson #individual
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#NewYork Consolidated Laws, County Law – CNT § 3. Definition of a county
Current as of January 01, 2021
A #county is a #municipal #corporation comprising the inhabitants within its boundaries and formed for the purpose of exercising such powers and discharging such duties of local government and administration of public affairs as may be imposed or conferred upon it by law.
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In the **State of Arkansas**, you can find information related to administrative agencies and ombudsmen through the following resources:
1. **Long-Term Care Ombudsman Program**:
– The **Arkansas Long-Term Care Ombudsman Program** is a statewide initiative administered by the **Arkansas Department of Human Services, Division of Aging, Adult, and Behavioral Health Services**.
– Its purpose is to advocate for residents of long-term care facilities, including **nursing homes**, **assisted living facilities**, and **residential care facilities**.
– The program ensures that residents receive proper care, their rights are protected, and any complaints or concerns are addressed.
– If you need assistance or have concerns about long-term care facilities, you can contact your local ombudsman at **(501) 508-8857**²⁹.
2. **Office of the PASSE Ombudsman**:
– The **Office of the PASSE Ombudsman** focuses on addressing issues related to health care services in Arkansas.
– While its primary role is not law enforcement, it serves as an independent resource to individuals, families, and service providers in resolving problems, concerns, and complaints⁶.
3. **Arkansas State Police Administrative Services**:
– The **Arkansas State Police** comprises commissioned law enforcement officers (troopers) and civilian personnel.
– Approximately **400 full-time and part-time civilian employees** handle administrative and support positions within the department.
– If you’re interested in applying for a civilian position, you can explore opportunities within the **Arkansas State Police**⁴.
Remember that these resources serve different purposes, from advocating for long-term care residents to providing administrative support within law enforcement agencies. If you have specific concerns or need assistance, feel free to reach out to the relevant office or program. 🚓⚖️.
Source: Conversation with Bing, 2024-04-17
(1) How Do I Find My Local Ombudsman? – agingarkansas.org. https://agingarkansas.org/how-do-i-find-my-local-ombudsman/.
(2) Search for your Long-Term Care Ombudsman – Arkansas.gov. https://portal.arkansas.gov/service/ar-state-long-term-care-ombudsman/.
(3) Office of the PASSE Ombudsman – Arkansas Department of Human Services. https://humanservices.arkansas.gov/divisions-shared-services/medical-services/healthcare-programs/passe/office-of-the-passe-ombudsman/.
(4) Administrative Services – Arkansas Department of Public Safety. https://www.dps.arkansas.gov/law-enforcement/arkansas-state-police/divisions/administrative-services/.
(5) List of Arkansas state agencies – Wikipedia. https://en.wikipedia.org/wiki/List_of_Arkansas_state_agencies.
(6) 10/1/2020 – Arkansas Department of Human Services. https://humanservices.arkansas.gov/wp-content/uploads/LTC_Ombudsman-1.pdf.
(7) Ombudsman Program | Area Agency On Aging of Southeast Arkansas. https://www.aaasea.org/services/ombudsman-program/.
(8) Arkansas Commission on Children, Youth, and Families. https://www.archildrenscomm.org/advisorycouncil.
(9) undefined. https://www.arombudsman.com/.
(10) National Consumer Voice. https://theconsumervoice.org/get_help/state_resources/ar.
(11) Healthcare Ombudsman Arkansas Guide | IntelyCare. https://www.intelycare.com/facilities/resources/what-is-a-healthcare-ombudsman-arkansas-guide-for-facilities/.
(12) Arkansas Department of Human Services Division of Developmental …. https://humanservices.arkansas.gov/wp-content/uploads/Ombudsman_Brochure.pdf.
(13) Ombudsman Program – Arkansas Association of Area Agencies on Aging. https://agingarkansas.org/services/ombudsman-program/.
(14) en.wikipedia.org. https://en.wikipedia.org/wiki/Ombudsman.
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Interesting are they secretly getting the true beneficiaries to enroll to then rob them of their inheritance?
To become a PASSE (Provider-led Arkansas Shared Savings Entity) member in Arkansas, follow these steps:
- Eligibility Check:
- Ensure you meet the eligibility criteria for PASSE membership. PASSE is designed for individuals who qualify for both Medicaid and Medicare or have complex behavioral health needs.
- Contact the PASSE:
- Reach out to the PASSE program to inquire about enrollment. You can contact them by phone or visit their website.
- The PASSE Ombudsman Office can provide information and assist you in the process.
- Application Process:
- Download the adult passport application form (PPTC 153) from the official website.
- Complete the form, sign each page, and include your email address for online status tracking.
- If your previous passport was lost or stolen but still valid, add a complete declaration concerning the lost or stolen document.
- Gather necessary documents, including proof of Canadian citizenship (birth certificate or citizenship certificate), any valid Canadian passport or travel document, and an identity document.
- Obtain two identical passport photos meeting the specified requirements.
- Include two references who have known you for at least two years (they cannot be family members).
- Submit your application and pay the applicable fees.
- Contact the Ombudsman:
- If you encounter any issues during the process or have questions, contact the PASSE Ombudsman Office at 1.844.843.7351 or via email at PASSEOmbudsmanOffice@dhs.arkansas.gov.
- ____________________________________________________________
- In the **State of Arkansas**, there is no direct equivalent to the **Office of Police Ombudsman (OPO)** as found in the **Spokane Municipal Code** of Washington. However, I can provide information on related aspects:
- In the **Arkansas Codes**, the terms **”employee”** and **”employer”** are defined in various sections related to labor, employment, and industrial relations. Here are some relevant definitions:
- 1. **Arkansas Code § 21-1-602 (2020)** – **Definitions**:
- – **Employee** means any individual employed by an employer for wages, salary, or other remuneration.
- – **Employer** includes state agencies, educational institutions, municipalities, and other entities that employ individuals¹.
- 2. **Arkansas Code § 11-4-203 (2019)** – **Definitions**:
- – **Employ** means to suffer or permit an individual to work.
- – **Employee** refers to any individual employed by an employer but excludes specific categories (e.g., independent contractors, certain agricultural workers)⁹.
- 3. **Arkansas Code § 23-86-502 (2020)** – **Definitions**:
- – **Employee** means an individual who provides services or labor for wages or other remuneration for an employer¹².
- These definitions help establish legal clarity regarding the roles of employees and employers in Arkansas. 📜👷♂️💼
- Source: Conversation with Bing, 2024-04-17
- (1) Arkansas Code § 21-1-602 (2020) – Definitions – Justia Law. https://law.justia.com/codes/arkansas/2020/title-21/chapter-1/subchapter-6/section-21-1-602/.
- (2) Arkansas Code § 11-4-203 (2019) – Definitions – Justia Law. https://law.justia.com/codes/arkansas/2019/title-11/chapter-4/subchapter-2/section-11-4-203/.
- (3) Arkansas Code § 11-2-124 (2020) – Justia Law. https://law.justia.com/codes/arkansas/2020/title-11/chapter-2/subchapter-1/section-11-2-124/.
- (4) Arkansas Code Search | Laws and Statues – Arkansas.gov. https://portal.arkansas.gov/service/arkansas-code-search-laws-and-statues/.
- (5) 2010 Arkansas Code – Justia Law. https://law.justia.com/codes/arkansas/2010/title-11/chapter-3/subchapter-2/11-3-204/.
- (6) Arkansas Code § 11-10-210 (2017) – Justia Law. https://law.justia.com/codes/arkansas/2017/title-11/chapter-10/subchapter-2/section-11-10-210-d-1/.
- (7) ADMINISTRATIVE RULES REGARDING THE ARKANSAS MINIMUM WAGE ACT. https://www.labor.arkansas.gov/wp-content/uploads/2020/07/Attach-B-Markup-AMWA-Rules-2.pdf.
- (8) Arkansas’. https://dws.arkansas.gov/wp-content/uploads/Employer_Handbook_20220811.pdf.
- (9) Arkansas Code Title 21. Public Officers and Employees. https://codes.findlaw.com/ar/title-21-public-officers-and-employees/.
- (10) Arkansas Code § 23-86-502 (2020) – Definitions – Justia Law. https://law.justia.com/codes/arkansas/2020/title-23/subtitle-3/chapter-86/subchapter-5/section-23-86-502/.
- (11) RULE 099 – labor.arkansas.gov. https://bing.com/search?q=Arkansas+Code+definitions+employee+employer.
- (12) RULE 099 – labor.arkansas.gov. https://www.labor.arkansas.gov/wp-content/uploads/rule099_31.pdf.
Remember that the PASSE program aims to provide coordinated care and support for eligible individuals. If you have specific health needs or require assistance, the PASSE can guide you through the enrollment process. 🌟🔍📝
I am only attempting to define a complaint as the foundation of jurisdiction as stated in 22 C.J.S. 3. (pg. 2 and 3). #northcarolina criminal #complaints are difficult to explain when the codes are reserved… like what does “reserved for future codification purposes” actually mean???
THIS IS A RUFF DRAFT but I am still here and they know but haven’t pounced to say… This is the first argument conclusion… the other commands are to quash a failure to appear when not being able to be heard fully… smh… you can say anything you want, just don’t laugh at me 🤣😂🤣
There are some other components that I have not expressed but just attempting to get something down other than my previous is the goal!!! Thank You and Everyone Else for Sharing Your Experience!!! Peace and Love, Shoot ya Shot!!!
#UniversalDeclarationofHumanRights #UDHR
https://www.ohchr.org/en/UDHR/Documents/UDHR_Translations/eng.pdf
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SEVENTY-THIRD CONGRESS
FIRST SESSION
SENATE
THURSDAY, MARCH 9, 1933
PRAYER
Father of life, who givest to our dust the breath of being,
who unfoldest to our growing mind the greatness of our
world; make Thou our hearts true homes of prayer, our
lips the gates of praise as we bow before Thy presence and
await with quiet gladness the mandates of Thy love.
0 blessed Savior of the world, who hast worn the mantle
of our fiesh, revealing in its human folds the glory of
divinity, give to our President, Vice President, the Members
of the Congress, and to all others in authority, wisdom and
strength to know and to do Thy will, and grant that they
and all the people of the United States may come unto the
fullness of the stature of that manhood which is Thine.
Breathe on us, breath of God, in this our day of national
consecration, as we pray:
Amen.
Come Holy Ghost, our souls inspire,
And lighten with celestial fire.
Thou the anointing spirit· art,
Who dost Thy sevenfold gifts impart.
Thy blessed unction from above,
Is comfort, life, and fire of love.
Enable with perpetual light
The dullness of our blinded sight.
Anoint and cheer our soiled face,
With the abundance of Thy grace.
Keep far our foes, give peace at home:
Where Thou art guide, no ill can come.
Teach us to know the Father, Son,
And Thee of both to be but One:
That through the ages all along,
This may be our endless song;
Praise to Thy eternal merit,
Father, Son, and Holy Spirit
Explore
The Constitution of the United States does not establish a trust agreement in the traditional sense of the term as it is used in property law or estate planning. A trust agreement typically involves a legal arrangement where a trustee holds and manages property for the benefit of another, known as the beneficiary12. Trusts are often used to manage assets, protect wealth, and plan for the distribution of an estate after someone’s death1.
The Constitution, however, is a foundational document that outlines the principles and framework of governance for the United States. It establishes the structure of the federal government, delineates the powers of its branches, and sets forth the rights and freedoms of the citizens. While it does create a system of laws and governance, it is not a trust in the legal sense where property is managed for beneficiaries3.
That said, some scholars and legal theorists may refer to the concept of a “public trust,” which is a principle suggesting that certain natural and cultural resources are preserved for public use, and the government has a responsibility to maintain them for the public’s benefit. This concept is derived from common law and is not explicitly stated in the Constitution but has been used in legal arguments related to environmental law and public lands3. However, this is a broader and more metaphorical use of the term “trust” and differs from the specific legal mechanism of a trust agreement as understood in estate law.
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Private Ministerial Action Process
#DOJcomplaint #fileacomplaintDOJ #OPRinvestigation
The U.S. Department of Justice (DOJ) Office of Professional Responsibility (OPR) is responsible for investigating allegations of misconduct against DOJ attorneys that relate to the exercise of their authority to investigate, litigate or provide legal advice, as well as allegations of misconduct against DOJ law enforcement personnel that relate to allegations of attorney misconduct within the jurisdiction of OPR.
OPR does not have the authority to investigate allegations of misconduct against other DOJ employees. All such allegations may fall within the jurisdiction of the Office of the Inspector General (OIG) and may be submitted to the OIG here: https://oig.justice.gov/hotline
In addition, OPR does not have the authority to investigate allegations of misconduct against employees of other federal agencies or departments such as:
Bureau of Prisons (BOP)
Department of Defense (DOD)
Deparment of Homeland Security (DHS)
Deparment of Housing and Urban Development (HUD)
Department of Health and Human Services (HHS)
Internal Revenue Service (IRS)
Securities and Exchange Commission (SEC) and others.
OPR also does not have the authority to investigate allegations against non-DOJ employees such as state and local law enforcement officers and officials.
It is OPR’s policy to refrain from investigating allegations that have been submitted, or could have been submitted, to a court for its consideration during the course of litigation.
https://www.justice.gov/opr/webform/how-file-complaint-office-professional-responsibility
I hereby rescind, revoke, and cancel any express or implied agreements and/or contracts that relate to securities owned by the United States. If it happens that an “accuser” or “victim” should materialize, I should choose to attempt to negotiate with them directly versus having a third party prosecute a legal fiction for profit.
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Amicus Brief
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A *declaratory judgment* is a court judgment that outlines the rights and obligations of each party in a contract or legal dispute. It is a binding judgment that defines the legal relationship between parties and their rights in a matter before the court. This type of judgment does not require action or award damages but serves to resolve legal uncertainty or disputes without the need for further litigation⁷. A declaratory judgment is appropriate when there is a real and substantial controversy involving rights that are legally protectable. It is used to settle disputes and prevent lawsuits by clarifying the legal position of the parties before more drastic legal steps are taken. For example, it can be sought when: – A party is threatened with a lawsuit but the lawsuit has not yet been filed. – There is uncertainty about legal rights or obligations under a contract or law. – Parties need to understand their position to avoid or minimize the risk of future litigation². It’s a proactive legal tool that can be used to “turn on the light before stepping into a hole,” providing clarity and preventing potential legal issues from escalating². If you need further information or have specific circumstances in mind, it would be best to consult with a legal professional who can provide advice tailored to your situation. Source: Conversation with Bing, 2024-04-20 (1) Declaratory Judgment: What it is, How it Works, Example – Investopedia. https://www.investopedia.com/terms/d/declaratory-judgment.asp. (2) Declaratory Judgment Actions: When are they Appropriate?. https://www.bfvlaw.com/wp-content/uploads/2016/12/Weinrich-Declaratory-Judgment-Actions.pdf. (3) The Limits of the Declaratory Judgment – McGill Law Journal. https://lawjournal.mcgill.ca/article/the-limits-of-the-declaratory-judgment/. (4) A Comprehensive Guide to Declaratory Judgements – Dressie Law. https://www.dressielaw.com/blog/what-are-declaratory-judgements/. (5) Declaratory judgment – Wikipedia. https://en.wikipedia.org/wiki/Declaratory_judgment. (6) Rule 57. Declaratory Judgment | Federal Rules of Civil Procedure | US …. https://www.law.cornell.edu/rules/frcp/rule_57. (7) Declaratory Judgments – When Are They Appropriate? – Illinois Attorney. https://www.pmllegal.com/business-lawyer/declaratory-judgments/. (
Declaratory Judgment – Definition, Examples, Cases, Processes. https://legaldictionary.net/declaratory-judgment/. (9) declaratory judgment | Wex | US Law | LII / Legal Information Institute. https://www.law.cornell.edu/wex/declaratory_judgment.
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Injunctive relief and damages are two distinct legal remedies that can be sought in civil lawsuits:
- Injunctive Relief: This is a court order that requires a party to do or refrain from doing specific acts. It is a preventive measure used to stop harmful actions before they occur or to maintain the status quo. Injunctive relief is typically sought when monetary damages are insufficient to remedy the harm. For example, it can be used to stop the infringement of intellectual property, enforce non-compete agreements, or prevent the destruction of property1.
- Damages: This is a monetary compensation awarded to a party for loss or injury suffered as a result of the unlawful conduct of another party. Damages are intended to make the injured party “whole” again, to the extent that money can do this. There are various types of damages, such as compensatory, punitive, and nominal damages.
The choice between seeking injunctive relief or damages depends on the nature of the harm and the desired outcome. If the goal is to prevent an action or ensure that a certain behavior stops, injunctive relief may be appropriate. If the harm has already occurred and the goal is to receive financial compensation, then damages would be the remedy to pursue1234.
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It seems there might be a small typo in your question. I believe you’re referring to a “declaratory judgment,” which is a legal term.
A **declaratory judgment** is a court judgment that outlines the rights and obligations of each party in a contract or legal dispute. It is a binding judgment that defines the legal relationship between parties and their rights in a matter before the court. This type of judgment does not require action or award damages but serves to resolve legal uncertainty or disputes without the need for further litigation⁷.
A declaratory judgment is appropriate when there is a real and substantial controversy involving rights that are legally protectable. It is used to settle disputes and prevent lawsuits by clarifying the legal position of the parties before more drastic legal steps are taken. For example, it can be sought when:
– A party is threatened with a lawsuit but the lawsuit has not yet been filed.
– There is uncertainty about legal rights or obligations under a contract or law.
– Parties need to understand their position to avoid or minimize the risk of future litigation².
It’s a proactive legal tool that can be used to “turn on the light before stepping into a hole,” providing clarity and preventing potential legal issues from escalating². If you need further information or have specific circumstances in mind, it would be best to consult with a legal professional who can provide advice tailored to your situation.
Source: Conversation with Bing, 2024-04-20
(1) Declaratory Judgment: What it is, How it Works, Example – Investopedia. https://www.investopedia.com/terms/d/declaratory-judgment.asp.
(2) Declaratory Judgment Actions: When are they Appropriate?. https://www.bfvlaw.com/wp-content/uploads/2016/12/Weinrich-Declaratory-Judgment-Actions.pdf.
(3) The Limits of the Declaratory Judgment – McGill Law Journal. https://lawjournal.mcgill.ca/article/the-limits-of-the-declaratory-judgment/.
(4) A Comprehensive Guide to Declaratory Judgements – Dressie Law. https://www.dressielaw.com/blog/what-are-declaratory-judgements/.
(5) Declaratory judgment – Wikipedia. https://en.wikipedia.org/wiki/Declaratory_judgment.
(6) Rule 57. Declaratory Judgment | Federal Rules of Civil Procedure | US …. https://www.law.cornell.edu/rules/frcp/rule_57.
(7) Declaratory Judgments – When Are They Appropriate? – Illinois Attorney. https://www.pmllegal.com/business-lawyer/declaratory-judgments/.
(8) Declaratory Judgment – Definition, Examples, Cases, Processes. https://legaldictionary.net/declaratory-judgment/.
(9) declaratory judgment | Wex | US Law | LII / Legal Information Institute. https://www.law.cornell.edu/wex/declaratory_judgment.’
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!Injunctive relief and damages are two distinct legal remedies that can be sought in civil lawsuits:
– **Injunctive Relief**: This is a court order that requires a party to do or refrain from doing specific acts. It is a preventive measure used to stop harmful actions before they occur or to maintain the status quo. Injunctive relief is typically sought when monetary damages are insufficient to remedy the harm. For example, it can be used to stop the infringement of intellectual property, enforce non-compete agreements, or prevent the destruction of property¹.
– **Damages**: This is a monetary compensation awarded to a party for loss or injury suffered as a result of the unlawful conduct of another party. Damages are intended to make the injured party “whole” again, to the extent that money can do this. There are various types of damages, such as compensatory, punitive, and nominal damages.
The choice between seeking injunctive relief or damages depends on the nature of the harm and the desired outcome. If the goal is to prevent an action or ensure that a certain behavior stops, injunctive relief may be appropriate. If the harm has already occurred and the goal is to receive financial compensation, then damages would be the remedy to pursue¹²³⁴.
Source: Conversation with Bing, 2024-04-20
(1) Injunctive Relief – Definition, Examples, Processes – Legal Dictionary. https://legaldictionary.net/injunctive-relief/.
(2) Understanding Injunctive Relief: A Comprehensive Guide to Court-Ordered …. https://montague.law/blog/understanding-injunctive-relief-a-comprehensive-guide-to-court-ordered-actions/.
(3) Injunctive Relief: What is it? (with Examples) – Contract Lawyers. https://www.contractscounsel.com/b/injunctive-relief.
(4) Injunction | The Canadian Encyclopedia. https://www.thecanadianencyclopedia.ca/en/article/injunction.
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An aggrieved person seeking to move the court to make a final judgment of relief by pressing a settlement would typically present the following:
1. **Motion for Summary Judgment**: If the facts are undisputed and the law is on their side, they might file a motion for summary judgment. This asks the court to decide the case based on the legal arguments without going to trial¹.
2. **Settlement Agreement**: If both parties have agreed to a settlement, the aggrieved person would present the settlement agreement to the court. The agreement should detail the terms of the settlement and the relief granted.
3. **Evidence**: This includes any documents, witness testimony, or other material that supports their claim and demonstrates why they are entitled to relief.
4. **Legal Briefs**: These are written arguments that explain how the law supports their request for relief.
5. **Proposed Order**: This is a draft of the order they want the judge to sign. It reflects the relief they are seeking from the court.
It’s important to note that the specific requirements can vary based on the jurisdiction and the nature of the case. Consulting with a legal professional is advisable to ensure that all necessary documents and procedures are correctly followed to press for a final judgment of relief².
Source: Conversation with Bing, 2024-04-20
(1) Rules of Civil Procedure Chapters, Disposition without Trial … – CanLII. https://www.canlii.org/en/commentary/doc/2021CanLIIDocs2007.
(2) Legal and Equitable Remedies- You Won’t Get What You Didn’t Ask For. http://www.formativelaw.ca/2020/06/legal-and-equitable-remedies-you-wont-get-what-you-didnt-ask-for/.
(3) Motion for Relief from Judgment in California – Trellis.Law. https://trellis.law/ca/motion-type/motion-for-relief-from-judgment-california-130.
(4) Default Judgments: What Happens When You Fail to Respond to a Lawsuit. https://ansell.law/default-judgments-what-happens-when-you-fail-to-respond-to-a-lawsuit/.
(5) Appellate Law – The Final Judgment Rule and its Exceptions. https://www.lcwlegal.com/news/appellate-law-the-final-judgment-rule-and-its-exceptions/.
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The term **fallacious** refers to something that is based on a mistaken belief or contains a logical fallacy, which means it is misleading or deceptive. It can describe arguments, reasoning, or ideas that are logically unsound and not true or accurate¹²³. If you’re looking for examples or further explanation of fallacious reasoning, I can provide that as well.
Source: Conversation with Bing, 2024-04-20
(1) Fallacious Definition & Meaning – Merriam-Webster. https://www.merriam-webster.com/dictionary/fallacious.
(2) FALLACIOUS | English meaning – Cambridge Dictionary. https://dictionary.cambridge.org/dictionary/english/fallacious.
(3) FALLACIOUS definition and meaning | Collins English Dictionary. https://www.collinsdictionary.com/dictionary/english/fallacious.
(4) FALLACIOUS Definition & Meaning | Dictionary.com. https://www.dictionary.com/browse/fallacious.
(5) Fallacious Definition & Meaning | Britannica Dictionary. https://www.britannica.com/dictionary/fallacious.
#PublicDefendersConwayAR The **Public Defender’s Office** for the **20th Judicial District of Arkansas**, which includes **Faulkner County**, is located in **Conway, AR**. Here are the key contacts for the Public Defender’s Office in Conway: – **Lynn F. Plemmons** serves as the **Chief Public Defender**. You can reach out to Lynn at **lfplaw@conwaycorp.net**. – **Brittani N Burnette** is the **Deputy Public Defender** and can be contacted at **brittaninb.law@gmail.com**. – **Karen Walker Knight** holds the position of **Senior Deputy Defender** and can be reached via email at **karenwk@conwaycorp.net**. – **Robin Harrison** serves as a **Paralegal** and can be contacted at **rharrison@conwaycorp.net**. – **Angela A. Byrd** is another **Deputy Public Defender** and can be reached at **abyrd68@gmail.com**. – **Shannon R. Hurley** holds the role of **Administrative Assistant** and can be contacted at **shurley@conwaycorp.net**. Additionally, there are several **Faulkner County Deputy Public Defenders** assigned to specific locations within the county: 1. **Danny M. Rasmussen**: 1008 Front St., Conway, AR 72032 (Email: alohalaw@yahoo.com) 2. **Otto R. Fry**: 1510 Mill St., Conway, AR 72034 (Email: frylawyer@hotmail.com) 3. **James F. Lane**: PO Box 2091, 915 Oak St, Suite 104, Conway, AR 72033 (Email: jimlane@conwaycorp.net) 4. **David Hogue**: 700 S. German Lane, Suite 104, Conway, AR 72034 (Email: dh@hoguelegalservices.com) 5. **Chad M Green**: 1 Riverfront Place, Suite 605, No. Little Rock, AR 72114 (Email: chad@greenandgillispie.com) 6. **Evan D. Hogue**: 1214 Clifton Street, Conway, AR 72034 (Email: evan.d.hogue@hoguelegal.com) 7. **Tabatha Branch**: 700 S German Ln., Suite 110, Conway, AR 72034 (Email: tsbranch@tsbranchlaw.com) 8. **Christopher Murray**: 1510 Mill Street, Conway, AR 72034 (Email: murraylawoffice@gmail.com) 9. **April K. Rogers**: PO Box 22, Conway, AR 72033 (Email: arogers@aprilrogerslaw.com) 10. **Jay Paul Coleman**: 400 Capitol Ave., Suite 1700, Little Rock, AR 72201 (Email: jay@jpaulcolemanlaw.com) The **20th Judicial District** encompasses **Faulkner, Van Buren, and Searcy counties**. Public Defenders in this district primarily handle cases in their respective counties but may also be assigned cases in other counties within the district as needed¹. If you need further assistance, feel free to reach out to any of the contacts listed above. 😊 Source: Conversation with Bing, 2024-04-20 (1) Public Defender – Faulkner County, Arkansas. https://www.faulknercounty.org/government/departments-2/public-defender. (2) Faulkner County Public Defender in Conway, Arkansas – County Office. https://www.countyoffice.org/faulkner-county-public-defender-conway-ar-cbc/. (3) District Managers – Arkansas Public Defender Commission. https://apdc.arkansasadmin.net/district-managers/. (4) Faulkner County Public Defender, 515 Oak St, Suite E, Conway, AR. https://www.mapquest.com/us/arkansas/faulkner-county-public-defender-372960217.
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The current **Executive Director** of the **Arkansas Public Defender Commission** is **Gregg Parrish**⁵. Unfortunately, the search results do not provide direct contact information for Gregg Parrish. However, you can reach out to the **Arkansas Public Defender Commission** at their main office for further assistance:
**Address:**
101 E Capitol Ave,
Little Rock, AR, 72201
**Phone:**
(501) 682-9070
They should be able to provide you with the contact information for the Executive Director. 😊
Source: Conversation with Bing, 2024-04-20
(1) ARKANSAS PUBLIC DEFENDER COMMISSION – Department of Finance and …. https://www.dfa.arkansas.gov/images/uploads/budgetManuals/0324_public_defender2021.pdf.
(2) . https://bing.com/search?q=current+executive+director+Arkansas+Public+Defender+Commission+contact+information.
(3) Arkansas Public Defender Commission – – APDC. https://apdc.arkansasadmin.net/.
(4) About us – Arkansas Public Defender Commission – ArkansasAdmin.net. https://apdc.arkansasadmin.net/about-us/.
(5) District Managers – Arkansas Public Defender Commission. https://apdc.arkansasadmin.net/district-managers/.
https://case-law.vlex.com/freetrial/signup/US?webapp_path=%2F%23vid%2F889677436
#RANDCorporation #NationalCenterForStateCourts #ABAsStrandingCommittee #LegalAid #IndigentDefendants
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Case Notes:
https://casetext.com/rule/arkansas-court-rules/arkansas-rules-of-criminal-procedure
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
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Ark. R. Prof. Cond. 3.8 [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.”
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Yes, in Arkansas, there is a rule that addresses the disclosure obligations of prosecutors which is similar to Federal Rule of Criminal Procedure 16. It’s known as **Arkansas Rule of Criminal Procedure 17.1**. This rule outlines the prosecuting attorney’s obligations to disclose certain information to the defense counsel upon request. Here are some key points from Rule 17.1:
– The prosecuting attorney must disclose, upon timely request, material and information within their possession, control, or knowledge, including:
– Names and addresses of witnesses they intend to call at trial.
– Written or recorded statements and the substance of any oral statements made by the defendant or a codefendant.
– Portions of grand jury minutes containing testimony of the defendant.
– Reports or statements of experts, results of physical or mental examinations, and scientific tests or comparisons.
– Any tangible objects the prosecuting attorney intends to use at trial or which were obtained from or belong to the defendant.
– Record of prior criminal convictions of persons the prosecuting attorney intends to call as witnesses.
– The prosecuting attorney must inform defense counsel of:
– The substance of any relevant grand jury testimony.
– Any electronic surveillance of the defendant’s premises or conversations to which they were a party.
– The relationship to the prosecuting authority of persons the prosecuting attorney intends to call as witnesses.
– The prosecuting attorney has a continuing duty to disclose any material or information that tends to negate the guilt of the defendant or would tend to reduce the punishment¹.
This rule ensures that the defense has access to evidence that might be exculpatory or may impact the defendant’s case, aligning with the principles of a fair trial and due process. For the full text and any amendments, you can refer to the official Arkansas court rules or legal databases.
Source: Conversation with Bing, 2024-04-21
(1) 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.
(2) Arkansas Code Title 16, Subtitle 6 (2020) – Criminal Procedure …. https://law.justia.com/codes/arkansas/2020/title-16/subtitle-6/.
(3) Rule 19.2 – Continuing Duty to Disclose, Ark. R. Crim. P. 19.2 …. https://casetext.com/rule/arkansas-court-rules/arkansas-rules-of-criminal-procedure/rule-19-regulation-of-discovery/rule-192-continuing-duty-to-disclose.
(4) Rule 1.6 – Confidentiality of Information, Ark. R. Prof … – Casetext. https://casetext.com/rule/arkansas-court-rules/arkansas-rules-of-professional-conduct/rule-16-confidentiality-of-information.
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The term “an information” refers to a formal criminal charge filed by a prosecuting attorney. Here are the documented rules for “an information” in both federal and Arkansas state criminal procedures:
**Federal Rules of Criminal Procedure:**
– **Rule 7** outlines the use of an indictment or an information in federal criminal cases⁶.
– An information must be a **plain, concise, and definite written statement** of the essential facts constituting the offense charged and must be signed by an attorney for the government⁶.
– An information need not contain a formal introduction or conclusion and may incorporate by reference an allegation made in another count⁶.
– For each count, the information must give the official or customary citation of the statute, rule, regulation, or other provision of law that the defendant is alleged to have violated⁶.
– An information can be amended at any time before the verdict or finding, unless an additional or different offense is charged or a substantial right of the defendant is prejudiced⁶.
**Arkansas Rules of Criminal Procedure:**
– In Arkansas, “an information” is defined as an instrument issued by a prosecuting attorney charging an offense; it can also refer to an indictment³.
– **Rule 7** of the Arkansas Rules of Criminal Procedure governs the arrest with a warrant, which would include the process following the filing of an information¹.
– **Rule 17.1** specifies the prosecuting attorney’s obligations to disclose certain information to the defense, which would include information related to the charges filed⁴.
These rules ensure that the criminal charges are clearly stated and that the defendant’s rights are protected throughout the legal process. For the most current and detailed rules, it’s advisable to consult the latest version of the Federal Rules of Criminal Procedure and the Arkansas Rules of Criminal Procedure.
Source: Conversation with Bing, 2024-04-21
(1) Rule 7. The Indictment and the Information | Federal Rules of Criminal …. https://www.law.cornell.edu/rules/frcrmp/rule_7.
(2) Rule 1.6 – Definitions, Ark. R. Crim. P. 1.6 | Casetext Search + Citator. https://casetext.com/rule/arkansas-court-rules/arkansas-rules-of-criminal-procedure/rule-1-title-scope-purpose-and-construction-computation-of-time-prosecutions-in-name-of-state-definitions-effective-date-and-application-criminal-magistrates/rule-16-definitions.
(3) Arkansas Rules of Criminal Procedure – Casetext. https://casetext.com/rule/arkansas-court-rules/arkansas-rules-of-criminal-procedure.
(4) 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.
(5) Arkansas Code Title 16, Subtitle 6 (2020) – Criminal Procedure …. https://law.justia.com/codes/arkansas/2020/title-16/subtitle-6/.
(6) ARTICLE III. THE RECORD Rule 3-1. Preparation of the record. – arcourts.gov. https://www.arcourts.gov/boccre/sites/default/files/article3.pdf.
(7) Federal Rules of Criminal Procedure – LII / Legal Information Institute. https://www.law.cornell.edu/rules/frcrmp.
(8) Information (formal criminal charge) – Wikipedia. https://en.wikipedia.org/wiki/Information_%28formal_criminal_charge%29
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CONSTITUTION OF THE STATE OF WASHINGTON
PREAMBLE
We, the people of the State of Washington, grateful to the Supreme Ruler of the universe for our liberties, do ordain this constitution.
ARTICLE I
DECLARATION OF RIGHTS
SECTION 1 POLITICAL POWER. All political power is inherent in the
people, and governments derive their just powers from the consent of the governed, and are established to protect and maintain individual rights.
SECTION 2 SUPREME LAW OF THE LAND. The Constitution of the United States is the supreme law of the land.
SECTION 3 PERSONAL RIGHTS. No person shall be deprived of life,
liberty, or property, without due process of law.
SECTION 4 RIGHT OF PETITION AND ASSEMBLAGE. The right of petition and of the people peaceably to assemble for the common good shall never be abridged.
SECTION 5 FREEDOM OF SPEECH. Every person may freely speak, write and publish on all subjects, being responsible for the abuse of that right.
SECTION 6 OATHS – MODE OF ADMINISTERING. The mode of administering an oath, or affirmation, shall be such as may be most consistent with and binding upon the conscience of the person to whom such oath, or affirmation, may be administered.
SECTION 7 INVASION OF PRIVATE AFFAIRS OR HOME PROHIBITED. No person shall be disturbed in his private affairs, or his home invaded, without authority of law.
8/31/2023 7:51 AM [ 10 ] Preamble
SECTION 8 IRREVOCABLE PRIVILEGE, FRANCHISE OR IMMUNITY PROHIBITED. No law granting irrevocably any privilege, franchise or immunity, shall be passed by the legislature.
SECTION 9 RIGHTS OF ACCUSED PERSONS. No person shall be compelled in any criminal case to give evidence against himself, or be twice put in jeopardy for the same offense.
SECTION 10 ADMINISTRATION OF JUSTICE. Justice in all cases shall
be administered openly, and without unnecessary delay.
SECTION 11 RELIGIOUS FREEDOM. Absolute freedom of conscience in all matters of religious sentiment, belief and worship, shall be guaranteed to every individual, and no one shall be molested or disturbed in person or property on account of religion; but the liberty of conscience hereby secured shall not be so construed as to excuse acts of licentiousness or justify practices inconsistent with the peace and safety of the state. No public money or property shall be appropriated for or applied to any religious worship, exercise or instruction, or the support of any religious establishment:
PROVIDED, HOWEVER, That this article shall not be so construed as to forbid the employment by the state of a chaplain for such of the state custodial, correctional, and mental institutions, or by a county’s or public hospital district’s hospital, health care facility, or hospice, as in the discretion of the legislature may seem justified. No religious qualification
shall be required for any public office or employment, nor shall any
person be incompetent as a witness or juror, in consequence of his
opinion on matters of religion, nor be questioned in any court of justice touching his religious belief to affect the weight of his testimony. [AMENDMENT 88, 1993 House Joint Resolution No. 4200, p 3062. Approved November 2, 1993.]
Amendment 34 (1957) — Art. 1 Section 11 RELIGIOUS FREEDOM — Absolute freedom of conscience in all matters of religious sentiment, belief and worship, shall be guaranteed to every individual, and no one shall be molested or disturbed in person or property on account of religion; but the liberty of conscience hereby secured shall not be so construed as to excuse acts of licentiousness or justify practices inconsistent with the peace and safety of the state. No public money or property shall be appropriated for or applied to any religious worship, exercise or instruction, or the support of any religious establishment: Provided, however, That this article shall not be so construed as to forbid the employment by the state of a chaplain for such of the state custodial, correctional and mental institutions as in the
discretion of the legislature may seem justified. No religious qualification shall be required for any public office or employment, nor shall any person be incompetent as a witness or juror, in consequence of his opinion on matters of religion, nor be questioned in any court of justice touching his religious belief to affect the weight of his testimony.
[AMENDMENT 34, 1957 Senate Joint Resolution No. 14, p 1299.
Approved November 4, 1958.]
8/31/2023 7:51 AM [ 11 ] Article I Section 9
Amendment 4 (1904) — Art. 1 Section 11 RELIGIOUS FREEDOM — Absolute freedom of conscience in all matters of religious sentiment, belief and worship, shall be guaranteed to every individual, and no one shall be molested or disturbed in person or property on account of religion; but the liberty of conscience hereby secured shall not be so construed as to excuse acts of licentiousness or justify practices inconsistent with the peace and safety of the state. No public money or property shall be appropriated for or applied to any religious worship, exercise or instruction, or the support of any religious establishment. Provided, however, That this article shall not be so construed as to forbid the employment by the state of a chaplain for the state penitentiary, and for such of the state reformatories as in the discretion of the legislature may seem justified. No religious qualification shall be required for any public office or employment, nor shall any person be incompetent as a witness or juror, in consequence of his opinion on matters of religion, nor be questioned in any court of justice touching his religious belief to affect the weight of his testimony. [AMENDMENT 4, 1903 p 283 Section 1. Approved November,
1904.]
Original text — Art. 1 Section 11 RELIGIOUS FREEDOM — Absolute
freedom of conscience in all matters of religious sentiment, belief,
and worship, shall be guaranteed to every individual, and no one shall be molested or disturbed in person, or property, on account of religion; but the liberty of conscience hereby secured shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace and safety of the state. No public money or property shall be appropriated for, or applied to any religious worship, exercise or instruction, or the support of any religious establishment. No religious qualification shall be required for any public office, or employment, nor shall any person be incompetent as a witness, or juror, in consequence of his opinion on matters of religion, nor be questioned in any court of justice touching his religious belief to affect the weight of his testimony.
SECTION 12 SPECIAL PRIVILEGES AND IMMUNITIES PROHIBITED. No law shall be passed granting to any citizen, class of citizens, or corporation other than municipal, privileges or immunities which upon the same terms shall not equally belong to all citizens, or corporations.
SECTION 13 HABEAS CORPUS. The privilege of the writ of habeas
corpus shall not be suspended, unless in case of rebellion or invasion the public safety requires it.
SECTION 14 EXCESSIVE BAIL, FINES AND PUNISHMENTS. Excessive bail shall not be required, excessive fines imposed, nor cruel punishment inflicted.
SECTION 15 CONVICTIONS, EFFECT OF. No conviction shall work corruption of blood, nor forfeiture of estate.
8/31/2023 7:51 AM [ 12 ] Article I Section 12
SECTION 16 EMINENT DOMAIN. Private property shall not be taken
for private use, except for private ways of necessity, and for drains,
flumes, or ditches on or across the lands of others for agricultural,
domestic, or sanitary purposes. No private property shall be taken or damaged for public or private use without just compensation having been first made, or paid into court for the owner, and no right-of-way shall be appropriated to the use of any corporation other than municipal until full compensation therefor be first made in money, or ascertained and paid into court for the owner, irrespective of any benefit from any improvement proposed by such corporation, which compensation shall be ascertained by a jury, unless a jury be waived, as in other civil cases in courts of record, in the manner prescribed by law. Whenever an attempt is made to take private property for a use alleged to be public, the question whether the contemplated use be really public shall be a judicial question, and determined as such, without regard to any legislative assertion that the use is public: Provided, That the taking of private property by the state for land reclamation and settlement purposes is hereby declared to be for public use.
[AMENDMENT 9, 1919 p 385 Section 1. Approved November, 1920.]
Original text — Art. 1 Section 16 EMINENT DOMAIN — Private property shall not be taken for private use, except for private ways of necessity, and for drains, flumes or ditches on or across the lands of others for agricultural, domestic or sanitary purposes. No private
property shall be taken or damaged for public or private use without just compensation having first been made, or paid into court for the owner, and no right of way shall be appropriated to the use of any corporation other than municipal, until full compensation therefor be first made in money, or ascertained and paid into the court for the owner, irrespective of any benefit from any improvement proposed by such corporation, which compensation shall be ascertained by a jury, unless a jury be waived as in other civil cases in courts of record, in the manner prescribed by law. Whenever an attempt is made to take
private property for a use alleged to be public, the question whether the contemplated use be really public shall be a judicial question, and determined as such without regard to any legislative assertion that the use is public.
SECTION 17 IMPRISONMENT FOR DEBT. There shall be no imprisonment for debt, except in cases of absconding debtors.
SECTION 18 MILITARY POWER, LIMITATION OF. The military shall be
in strict subordination to the civil power.
SECTION 19 FREEDOM OF ELECTIONS. All Elections shall be free and equal, and no power, civil or military, shall at any time interfere to prevent the free exercise of the right of suffrage.
SECTION 20 BAIL, WHEN AUTHORIZED. All persons charged with crime shall be bailable by sufficient sureties, except for capital offenses when the proof is evident, or the presumption great. Bail may be denied for offenses punishable by the possibility of life in prison upon
8/31/2023 7:51 AM [ 13 ] Article I Section 17
a showing by clear and convincing evidence of a propensity for violence that creates a substantial likelihood of danger to the community or any persons, subject to such limitations as shall be determined by the legislature. [AMENDMENT 104, 2010 Engrossed Substitute House Joint Resolution No. 4220, p 3129. Approved November 2, 2010.]
Original text — Art. 1 Section 20 BAIL, WHEN AUTHORIZED — All
persons charged with crime shall be bailable by sufficient sureties,
except for capital offenses when the proof is evident, or the presumption great.
SECTION 21 TRIAL BY JURY. The right of trial by jury shall remain
inviolate, but the legislature may provide for a jury of any number
less than twelve in courts not of record, and for a verdict by nine or
more jurors in civil cases in any court of record, and for waiving of
the jury in civil cases where the consent of the parties interested is
given thereto.
SECTION 22 RIGHTS OF THE ACCUSED. In criminal prosecutions the
accused shall have the right to appear and defend in person, or by
counsel, to demand the nature and cause of the accusation against him, to have a copy thereof, to testify in his own behalf, to meet the witnesses against him face to face, to have compulsory process to compel the attendance of witnesses in his own behalf, to have a speedy public trial by an impartial jury of the county in which the offense is charged to have been committed and the right to appeal in all cases:
Provided, The route traversed by any railway coach, train or public
conveyance, and the water traversed by any boat shall be criminal districts; and the jurisdiction of all public offenses committed on any such railway car, coach, train, boat or other public conveyance, or at any station or depot upon such route, shall be in any county through which the said car, coach, train, boat or other public conveyance may pass during the trip or voyage, or in which the trip or voyage may begin or terminate. In no instance shall any accused person before final judgment be compelled to advance money or fees to secure the rights herein guaranteed. [AMENDMENT 10, 1921 p 79 Section 1. Approved November, 1922.]
Original text — Art. 1 Section 22 RIGHTS OF ACCUSED PERSONS — In criminal prosecution, the accused shall have the right to appear and defend in person, and by counsel, to demand the nature and cause of the accusation against him, to have a copy thereof, to testify in his own behalf, to meet the witnesses against him face to face, to have compulsory process to compel the attendance of witnesses in his own behalf, to have a speedy public trial by an impartial jury of the county in which the offense is alleged to have been committed, and the right to appeal in all cases; and, in no instance, shall any accused person before final judgment be compelled to advance money or fees to secure the rights herein guaranteed.
SECTION 23 BILL OF ATTAINDER, EX POST FACTO LAW, ETC. No bill of attainder, ex post facto law, or law impairing the obligations of contracts shall ever be passed.
8/31/2023 7:51 AM [ 14 ] Article I Section 21
SECTION 24 RIGHT TO BEAR ARMS. The right of the individual citizen to bear arms in defense of himself, or the state, shall not be impaired, but nothing in this section shall be construed as authorizing individuals or corporations to organize, maintain or employ an armed body of men.
SECTION 25 PROSECUTION BY INFORMATION. Offenses heretofore required to be prosecuted by indictment may be prosecuted by information, or by indictment, as shall be prescribed by law.
SECTION 26 GRAND JURY. No grand jury shall be drawn or summoned in any county, except the superior judge thereof shall so order.
SECTION 27 TREASON, DEFINED, ETC. Treason against the state shall consist only in levying war against the state, or adhering to its enemies, or in giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or confession in open court.
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