Ark. Code Ann. § 14-44-108 (2026)
Mayor of city of the second class
The mayor of a city of the second class shall perform all duties required by the ordinances of the city and shall give bond and security in any amount to be determined and approved by the city council.
History. Acts 1875, No. 1, § 48, p. 1; 1881, No. 16, § 1, p. 29; 1883, No. 63, § 2, p. 97; C. & M. Dig., § 7681; Pope's Dig., § 9809; Acts 1941, No. 284, § 2; A.S.A. 1947, § 19-1102; Acts 1995, No. 298, § 1; 2003, No. 1185, § 26; 2007, No. 663, § 18.
Cross References. No jury trial in city court, § 16-96-112.
Self-Insured Fidelity Bond Program, § 21-2-701 et seq.
Research References
Ark. L. Rev.
Arkansas' Judiciary: Its History and Structure, 18 Ark. L. Rev. 152.
Case Notes
Constitutionality.
A defendant appearing in the city court on charges of violating a city ordinance was deprived of due process of law when the mayor, who was sitting as judge of the court, also presided over meetings of the city council where decisions were made concerning the expenditures of revenue from fines, forfeitures, and penalties. Gore v. Emerson, 262 Ark. 463, 557 S.W.2d 880 (1977).
In General.
Provision in § 14-45-106 exempting five counties from provisions of § 14-45-106 governing mayor's court in incorporated towns does not apply to this section, governing mayor's court in second class cities; hence this section is not invalid on the ground of local legislation. Mountain Home v. Ray, 223 Ark. 553, 267 S.W.2d 503 (1954).
Fines and Penalties.
A city is entitled to retain all the fines and penalties imposed by the mayor's court for violation of its ordinances, notwithstanding that the ordinances make the same acts offenses as are made offenses against the state by statute, and the county is entitled only to such fines and penalties as are imposed by the mayors of these courts, acting in their capacity of justices of the peace for violation of the state laws within their jurisdiction. Incorporated Town of Pocahontas v. State ex. rel. Randolph County, 114 Ark. 448, 170 S.W. 89 (1914).
Jurisdiction.
The jurisdiction of the mayor's court, like that of the justice of the peace, is subject to a motion to transfer to municipal court when a state offense is involved. Russell v. Miller, 253 Ark. 583, 487 S.W.2d 617 (1972); City Court v. Tiner, 292 Ark. 253, 729 S.W.2d 399 (1987).
Divestment of jurisdiction from the city court is not contrary to Ark. Const., Art. 7, § 43, which gives the General Assembly authority to set jurisdiction of corporation courts. City Court v. Tiner, 292 Ark. 253, 729 S.W.2d 399 (1987).
Writ of prohibition held proper where trial court was entirely without jurisdiction. City Court v. Tiner, 292 Ark. 253, 729 S.W.2d 399 (1987).
Substitutes.
Should a mayor become disqualified, the city recorder may act in his place. Incorporated Town of Pocahontas v. State ex. rel. Randolph County, 114 Ark. 448, 170 S.W. 89 (1914).