Arkansas Code Annotated

Ark. Code Ann. § 16-10-307 (2026)

County administration of justice fund

✓ current as of May 2026
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  1. There is hereby created in each county a fund in the office of the county treasurer to be known as the “county administration of justice fund”.
  2. The county administration of justice fund shall be used to defray a part of the expenses of the administration of justice in the county. From the fund, the county shall continue to finance the following county agencies and programs which are currently funded, in whole or in part, by filing fees and court costs, at a funding level equal to not less than the greater of the amount which was collected by the county from filing fees and court costs for the agency or program in the calendar year ending December 31, 1994, or the amount appropriated by ordinance enacted prior to December 31, 1994, or on February 13, 1995, or on February 14, 1995, or by resolution dated February 9, 1995, to the agency or program for the calendar year ending December 31, 1995:
    1. The prosecuting attorney fund, including all grant funds awarded and appropriated for the calendar year ending December 31, 1995;
    2. The prosecuting attorney's victim-witness program fund;
    3. The public defender/indigent defense fund and public defender investigator fund, including all grant funds awarded and appropriated for the calendar year ending December 31, 1995;
    4. The county law library fund;
    5. The county jail fund; and
    6. The intoxication detection equipment fund.
      1. The county administration of justice fund of each county may retain an amount equal to the amount which was collected by the county from court costs and filing fees for county administration of justice expense in the calendar year ending December 31, 1994, or the amount appropriated from court costs and filing fees by ordinance enacted prior to December 31, 1994, or on February 13, 1995, or on February 14, 1995, or by resolution dated February 9, 1995, for county administration of justice expense from court costs and filing fees for the calendar year ending December 31, 1995, plus, for calendar years 1995 — 2001, an additional amount based upon the average percentage increase in the Consumer Price Index for All Urban Consumers or its successor, as published by the United States Department of Labor for the two (2) years immediately preceding.
        1. The amount retained during calendar years 2002, 2003, 2004, and 2005 shall be the amount retained during calendar year 2001.
        2. Except as provided in subdivision (c)(1)(B)(iii) of this section, for calendar years beginning 2014 and each calendar year thereafter, an additional amount shall be added to the amount to be retained based upon the lesser of the average percentage increase in the Consumer Price Index for All Urban Consumers or its successor, as published by the United States Department of Labor, for the two (2) years immediately preceding or the percentage rate of increase in collections of the State Administration of Justice Fund for the two (2) years immediately preceding.
        3. The provisions of subdivision (c)(1)(B)(ii) of this section shall not be effective if the Chief Fiscal Officer of the State determines that the additional amount retained under subdivision (c)(1)(B)(ii) of this section has exceeded one million dollars ($1,000,000) in a calendar year and any additional amount to be retained must be authorized by the General Assembly.
      2. All local ordinances of the counties and cities authorized and adopted under § 24-8-318 shall remain in full force and effect.
    1. For the calendar year beginning January 1, 1998, the base amount to be retained shall be:
      1. Increased by any increase in the Consumer Price Index for All Urban Consumers as provided for in subdivision (c)(1) of this section; and
      2. Decreased by eighty-five percent (85%) of the total dollar amount which was certified by the county as having been collected during calendar year 1994 and for the purpose of funding the office and operation of the public defender and public defender investigator.
  3. Nothing in this section shall prevent the county from funding any additional costs for the administration of justice from these or other county funds.
  4. The county shall remit on or before the fifteenth day of each month all sums received in excess of the amounts necessary to fund the expenses enumerated in subsections (b) and (c) of this section during the previous month from the uniform filing fees provided for in §§ 21-6-403 and 9-15-202, and the uniform court costs provided for in § 16-10-305 to the Administration of Justice Funds Section for deposit into the State Administration of Justice Fund.

History. Acts 1995, No. 1256, §§ 10, 12; 1995 (1st Ex. Sess.), No. 13, § 7; 1997, No. 788, § 6; 1997, No. 1341, § 6; 2001, No. 1611, § 1; 2003, No. 1185, § 51; 2005, No. 434, § 1; 2005, No. 2212, § 1; 2007, No. 177, § 2; 2013, No. 282, §§ 6, 7.

A.C.R.C. Notes. As enacted by Acts 1995, No. 1256, § 10, this section contained an additional subsection which provided:

“Nothing in this act shall prevent the county from funding any additional costs for the administration of justice from other county funds or as disbursed by the county as required and authorized by the 80th General Assembly meeting in regular session.”

Amendments. The 2005 amendment by No. 434 substituted “fifteenth day of each month” for “tenth day of November 1995 and on or before the tenth day of each month thereafter” in (e).

The 2005 amendment by No. 2212 redesignated former (c)(1)(B) as present (c)(1)(B)(i); substituted “years 2002, 2003, 2004, and 2005” for “year 2002 and each calendar year thereafter”; and added (c)(1)(B)(ii), (c)(1)(B)(iii) and (c)(1)(C).

The 2007 amendment deleted “Notwithstanding the creation of the Arkansas District Judge Retirement System on January 1, 2005” at the beginning of (c)(1)(C), and made a related change.

The 2013 amendment, in (c)(1)(B)(ii), substituted “2014” for “2006,” inserted “lesser of the” preceding “average percentage,” and added “or the percentage rate of increase in collections of the State Administration of Justice Fund for the two (2) years immediately preceding” at the end; and, in (e), substituted “§§ 21-6-403 and 9-15-202” for “§ 21-6-403,” inserted “Administration of Justice Funds Section of the Office of Administrative Services of the,” and deleted “Administration of Justice Funds Section” preceding “for deposit.”

Cross References. Legislative intent of Acts 1997, Nos. 788 and 1341, § 16-10-601.

Transition to state funding, § 16-87-301.

Use of County Jail Fund for supervision and transportation of inmates, § 12-41-716.

Case Notes

Purpose.

The intent of this section and § 16-87-306 is to provide representation for indigents in cases in which there is a potential for loss of liberty, but the provision of § 14-20-102 that grants authority for the trial court to appoint attorneys for minors in civil litigation to be paid by county funds, was not incorporated in the statutes establishing and defining the duties and responsibilities of the Commission. Ark. Pub. Defender Comm'n v. Burnett, 340 Ark. 233, 12 S.W.3d 191 (2000).

Applicability.

This section, which allocates to the Public Defender Commission a portion of county funds established by § 14-20-102, does not contain language authorizing the Commission to expend funds for the civil representation of a minor. Ark. Pub. Defender Comm'n v. Burnett, 340 Ark. 233, 12 S.W.3d 191 (2000).

Notes of Decisions
Cited in 1 case, 2000–2000 · leading case: Arkansas Pub. Def. Comm'n v. Burnett, 12 S.W.3d 191 (Ark. 2000).
Arkansas Pub. Def. Comm'n v. Burnett, 12 S.W.3d 191 (Ark. 2000). · cites it 6× “§ 14-20-102 had been allocated to the Commission pursuant to Ark. Code Ann. § 16-10-307 (Supp. 1999). The court then ordered the Commission to pay the attorneys’ fees for the minors in the civil suit.”
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