Press Releases

Question 1 (a): In the event a circuit judge decides to employ a secretary under the provisions of 16-13-219(b), would the position and the salary of each secretary need to be fixed by the quorum court of the county or counties involved in accordance with and as required by 16-13-219(b), 14-14-801(b)(6), and Amendment 55, Section 3?

Brief Response: The circuit court may create and fill the statutory position of secretary, but the quorum court is responsible for fixing the secretary’s salary at a “reasonable” level, absent a showing by the circuit court of an “absolute necessity” for a certain salary.

Question 1 (b): May the quorum court refuse to create such a position after request by a circuit judge? If so, on what bases?

Brief Response: No, the quorum court cannot refuse to create the position of secretary if requested by a circuit court under statute.

Question 1 (c): Many circuit judges employ trial court administrators, a more specialized and highly trained position, that exists as an employee of the State of Arkansas. Is the county-employee secretary position referenced in 16-13-219(b) made obsolete and supplanted by the more recent trial court administrator position that exists as state employee?

Brief Response: No. The positions of “secretary” and “trial court administrator” are two distinct circuit-court positions governed by separate statutes and subject to the authority of separate public bodies—one county and one state. Additionally, the General Assembly has not repealed and “supplanted” one position with the other.

Question 2: Are circuit court claims for expenses required to be budgeted, appropriated and paid in accordance with the county claims process pursuant to 14-23-101 et seq.?

Question 3: Are circuit court claims for juror per diem compensation or mileage required to be budgeted, appropriated, and paid in accordance with the county claims process pursuant to 14-23-101 et seq.?

Brief Response: To answer Questions 2 and 3 together, claims for circuit court expenses—including juror per diem compensation or mileage—must be budgeted, appropriated, and paid under the county claims process, although the authority of the quorum court and county judge in processing such claims is ministerial, not discretionary.

Question 4 (a): Would an order by a circuit judge for payment [of] any of the matters above under questions number 1, 2, or 3 be sufficient by itself to authorize payment without a sufficient appropriation by the quorum court and the approval of the claim by the county judge?

Brief Response: Only if the expenditure is necessary and essential for the court to operate. Absent a showing of absolute necessity, the circuit judge’s order is not sufficient to authorize payment.

Question 4 (b): May payment for the matters above be submitted for payment by the county clerk or approval by the county judge of a claim, without an appropriation by the quorum court?

Brief Response: No. Because a secretary’s salary “shall be fixed by the quorum court,” an appropriation by the quorum court is necessary before payment may be made.

Question 4 (c): May the county treasurer disburse county funds from the county general fund or any funds in the hands of the county treasurer in the absence of the approval of a claim? And an appropriation by the quorum court of a sufficient sum in the budget?

Brief Response: No. The county treasurer cannot disburse county funds from the county general fund or any other funds in the treasurer’s possession without approval of a claim or an appropriation by the quorum court.

Question 5: County budgets are to include line-item appropriations in accordance with the county financial management system.

(a) Is there an exception to the requirements of the financial management system and line-item budgets for the circuit court budgets which would authorize payments without appropriations by the quorum court?

Brief Response: There is no exception that would authorize such payments without an appropriation by the quorum court, unless the expenditure is necessary and essential for the court to operate.

(b) Are the various counties in the judicial district required to participate and appropriate funds pro rata share of the utilities and building/content insurance for the circuit courts?

Brief Response: No. The applicable statutes do not impose a pro rata sharing requirement for circuit court expenses.

(c) To the extent state funds are sufficient, is it necessary that attorney ad litem funding be budgeted, appropriated, and paid in accordance with the county claims process pursuant to 14-23-101 et seq.?

Brief Response: No. Because an attorney ad litem is paid from funds appropriated for that purpose to the Administrative Office of the Courts, such funding is not budgeted, appropriated, and paid through the county claims process.