News/Events

Says, ‘this loophole cannot stand’

LITTLE ROCK – Arkansas Attorney General Leslie Rutledge has joined a large bipartisan coalition in submitting an amicus brief to the U.S. Supreme Court, urging the justices to decide whether email service providers can shield evidence of a crime from law enforcement by storing data outside the United States.

In United States v. Microsoft, a federal judge issued a search warrant under the Stored Communications Act (SCA), authorizing the search of a specific Microsoft Outlook email account. The judge found probable cause to believe the account was being used to traffic narcotics in the United States. An email provider who receives a warrant under the SCA for evidence of a crime must disclose the requested data to the law enforcement agency.

Microsoft argued that compliance with the warrant was not required because that data was stored on a server in Ireland. The U.S. Court of Appeals for the Second Circuit agreed with Microsoft and quashed the warrant.

“It is important for law enforcement officers to have access to pertinent information they need to properly and thoroughly conduct investigations,” said Attorney General Rutledge. “Technology becomes a bigger part of our lives each day and this loophole cannot stand. The U.S. Supreme Court should clarify this rule.”

The coalition argued that email providers around the country are relying on this decision to refuse compliance with warrants issued under the SCA and similar state laws. The brief argues that the Supreme Court’s review “is necessary to address the Second Circuit’s remarkable conclusion that a private company has unfettered discretion to shield evidence of crime from law enforcement, simply by electronically sending that evidence out of the jurisdiction.”

Rutledge has been joined in filing the brief, led by Vermont, by attorneys general from Alabama, Arizona, Connecticut, Delaware, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Montana, Nebraska, New Hampshire, New Mexico, New York, North Carolina, Ohio, Oregon, Pennsylvania, South Carolina, South Dakota, Texas, Utah, Virginia, and Wyoming and the Commonwealth of Puerto Rico.

Law requiring that medication abortion providers contract with a doctor who agrees to handle emergencies and complications will take effect soon

LITTLE ROCK – Arkansas Attorney General Leslie Rutledge today released a statement following the U.S. Court of Appeals for the 8th Circuit vacating a U.S. District Court’s decision enjoining and blocking an Arkansas law requiring that medication abortion providers contract with a doctor who agrees to handle emergencies and complications associated with abortion inducing drugs.

“In a unanimous opinion, the 8th Circuit recognized that the lower court incorrectly analyzed the law,” said Attorney General Rutledge. “The injunction was vacated because Planned Parenthood failed to show that the state law is a substantial obstacle, preventing most women from having access to abortion services. This common sense law will help ensure that medication abortions are conducted in a safe, responsible manner and with appropriate protections for women. While the Court did not reach a final decision on the ultimate merits, today’s decision is an important notice to the lower court that this law has important benefits for patients. I will continue to defend Act 577 as Planned Parenthood continues its challenge.”

Says ‘law clerks are an incredible asset to the State’

LITTLE ROCK – Arkansas Attorney General Leslie Rutledge welcomed a new class of law clerks for the second summer session to the Attorney General’s office. These law students work in various departments assisting with legal research, drafting memos and legal documents and accompanying lawyers at trials, client meetings and hearings.

“Attorney General’s office law clerks are an incredible asset to the State,” said Attorney General Rutledge. “Law clerks work with some of Arkansas’s top attorneys and are exposed to the fulfilling experience of service in the public sector. The law clerk program is a great service-learning opportunity for students.”

John Michael Adkins, a second-year student at the University of Arkansas School of Law, is clerking in the State Agencies Department. He received a degree in cultural anthropology from the University of Arkansas in 2007 and a nursing degree from the University of Arkansas for Medical Sciences in 2012. Adkins is from Fayetteville and graduated from Fayetteville High School in 2002.

Ethan Ellis, a second-year student at the University of Arkansas School of Law, is clerking in the Public Protection Department. He graduated from Arkansas State University in 2016 with a degree in English. Ellis is from Conway and graduated from Conway Christian School in 2012.

Lacey Johnson, a third-year student at the University of Arkansas School of Law, is clerking in the Civil Department. She graduated from Ouachita Baptist University in 2014 with degrees in history and technical theatre. Johnson is from Little Rock where she graduated from high school in 2007.

Troy “Teddy” Stewart, a third-year student at the University of Georgia School of Law, is clerking in the Medicaid Fraud Control Unit. He graduated from the University of California San Diego with a degree in philosophy in 2015. Stewart is from Temecula, California, and graduated from Linfield Christian High School in Temecula, California in 2010.