Arkansas
Arkansas’s highest court is the Arkansas Supreme Court. The court has six associate justices and one chief justice. Chief justices serve eight-year terms and are selected by popular vote. (Source: Arkansas Supreme Court; Arkansas Constitution)
Judicial Selection
Justices run for an eight-year term on the Arkansas Supreme Court in nonpartisan elections, and they can seek additional terms through nonpartisan elections. When a seat opens in the middle of a justice’s term, the governor chooses a candidate to fill the seat. If the open seat would have been filled in the regular course at Arkansas’s next general election had no vacancy occurred, the appointed justice serves the remainder of the unexpired term. However, if the open seat would not have been filled in the regular course at the next general election, the appointed justice holds office until the next general election if the vacancy occurs more than four months prior to the election or the second succeeding general election if the vacancy occurs less than four months before the election. There are no term limits, but justices lose their retirement benefits if elected or appointed to judicial office after age 70.
State Constitution
Arkansas has had five constitutions adopted between 1836 and 1874. As of January 1, 2024, it had 110 amendments.(Source: John Dinan, 2024)
Filters
A Rallying Cry Against Lockstepping
When state supreme courts peg their constitutions to federal interpretations, they erode the rule of law, undermine federalism, and limit rights protection.
Threats to State Constitutional Abortion Protections
Even where voters pass abortion rights amendments, lawmakers and judges can undermine rights.
To Prevent Chaos and Confusion, Judges Must Prepare for Election Emergencies
In advance of the election, judges should educate themselves on election administration and develop emergency response procedures that will enable creation of effective remedies.
When Does the U.S. Supreme Court Review State Supreme Court Decisions?
State courts have the final word on state law, but when federal law is involved, it can be complicated.
All Law Students Should be Educated About State Constitutions
Law professors planning lessons for the new academic year should consider incorporating state constitutions into the first-year constitutional law course.
State Courts Determine Whether Abortion Rights Amendments Will Go Before Voters
Cases in multiple states demonstrate the significant roles state judges play in the direct democracy process.
What Does Popular Sovereignty Really Mean?
Two new essays unpack recent state supreme court cases about the relationship between direct democracy and the power of state legislatures.
Scholarship Roundup: September 2024 Back to School Edition
New articles and books cover a wide range of topics related to state constitutions, judiciaries, state-level democracy, and more.