Ark. Code Ann. » Title 16 Chapter 21
Arkansas Code Annotated

Ark. Code Ann. § 16-21-103 (2026)

Duty to commence and prosecute criminal actions

✓ current as of May 2026
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Each prosecuting attorney shall commence and prosecute all criminal actions in which the state or any county in his district may be concerned.

History. Acts 1981, No. 888, § 1; A.S.A. 1947, § 24-135.

Case Notes

Appointment of Special Prosecutor Improper.

Certiorari relief was appropriate where a circuit court erred by disqualifying prosecutors and appointing a special prosecutor because there was no evidence that the prosecutors neglected a capital murder case or failed to attend court; the prosecutors attended and filed a nolle pros motion. There was no other remedy, and the circuit court exceeded its jurisdiction; however, the circuit court was not directed to nolle pros the case because review of a discretionary decision was not allowed where certiorari was sought. Smith v. Simes, 2013 Ark. 477, 430 S.W.3d 690 (2013).

Cited: Bates v. Bates, 303 Ark. 89, 793 S.W.2d 788 (1990).

Notes of Decisions
Cited in 8 cases (3 in the last 5 years), 1990–2022 · leading case: Bates v. Bates, 793 S.W.2d 788 (Ark. 1990).
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Bates v. Bates, 793 S.W.2d 788 (Ark. 1990). · cites it 4× “Second, *791 Ark.Code Ann. § 16-21-103 (1987) provides that the "prosecuting attorney shall commence and prosecute all criminal actions in which the state or any county in his district may be concerned.”
Smith v. Simes, 2013 Ark. 477, 430 S.W.3d 690. · cites it 2× “With regard to the statutory language “to prosecute as required by law,” Ark. Code Ann. § 16-21-103 (Repl.1999), “Duty to commence and prosecute criminal actions,” provides that “each prosecuting attorney shall commence and prosecute all criminal actions in which the State or…”
Hodges v. Lamora, 989 S.W.2d 530 (Ark. 1999). · cites it 2× “See Ark. Code Ann. § 16-21-103 (Repl. 1994). A sheriff has no authority to bring criminal charges or file suit to collect a debt owed to a county.”
United States v. Harmon, 995 F. Supp. 963 (E.D. Ark. 1998). · cites it 2× “Pursuant to Arkansas Code Annotated Section 16-21-103, it is the duty of the Prosecuting Attorney to commence and prosecute all criminal actions in which the state or any county in his district may be concerned.”
Arkansas Dep't of Com., Div. of Workforce Servs. v. Legal Aid of Arkansas, 2022 Ark. 130. · cites it 2× “Ark. Code Ann. § 16-21-103 (Repl. 2016). In addition, Ark.”
Arkansas Dep't of Com., Div. of Workforce Servs. v. Legal Aid of Arkansas, 2022 Ark. 130. · cites it 2× “Ark. Code Ann. § 16-21-103 (Repl. 2016). In addition, Ark.”
Breshears v. Little Rock, City of, No. 4:18-cv-00774 (E.D. Ark. June 25, 2020). · cites it 4× “30) at 17 (citing Ark. Code Ann. § 16-21-103 ). 189 S. Ark.”
Little Rock Fam. Plan. Servs. v. Jegley, No. 4:21-cv-00453 (E.D. Ark. July 20, 2021). · cites it 2× “” Ark. Code Ann. § 16-21-103 . Mr. Jegley is therefore responsible for criminal enforcement of the Act in Pulaski County (Dkt.”
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