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
Levels of Scrutiny Applied by State Courts, Explained
The tests state courts use to decide whether a law impermissibly infringes on people’s rights play a big role in determining whether government restrictions on those rights are upheld.
A Practical Guide to Using State History to Overcome Federal Precedent
Lawyers often waive state constitutional claims by failing to make arguments that diverge from federal case law. An originalism-style approach may provide alternatives.
Federal Workers Have Scant Job Protection in the Constitution
In contrast, some state constitutions protect explicitly both the civil service and public employee unions.
Book Excerpt: Personhood: The New Civil War over Reproduction, by Mary Ziegler
The fetal personhood movement already succeeded in eliminating what many viewed as a fundamental right. Its continued effects could be even further-reaching.
North Carolina Could Be on the Verge of a Constitutional Crisis
If the courts hand a victory to the state’s losing supreme court candidate, citizens across the political spectrum could perceive the court as unfair — and the justices risk losing their legitimacy.
The History of Dueling and State Constitutions
State constitutions helped end dueling — a deadly way men proved their “honor” — in a way state laws could not.
Choice of Law in an Era of Abortion Conflict
When a citizen of an anti-abortion state travels to another state to receive the procedure, which state’s law should apply?
The Right to Petition in State Constitutions, Explained
Some states protect citizens’ right to make requests of or complaints against the government more broadly than the federal Constitution.