Ark. Code Ann. § 16-87-101 (2020)

16-87-102 — 16-87-113. [Repealed.]

Publisher's Notes. Former §§ 16-87-102 — 16-87-113, concerning public defenders, were repealed by Acts 1999, No. 1564, § 1. The sections were derived from the following sources:

16-87-102. Acts 1975, No. 996, § 2; A.S.A. 1947, § 43-3302.

16-87-103. Acts 1975, No. 996, § 3; A.S.A. 1947, § 43-3303.

16-87-104. Acts 1975, No. 996, §§ 4, 5; A.S.A. 1947, §§ 43-3304, 43-3305; Acts 1991, No. 914, § 2.

16-87-105. Acts 1975, No. 996, §§ 6, 7; A.S.A. 1947, §§ 43-3306, 43-3307; Acts 1991, No. 914, § 1.

16-87-106. Acts 1975, No. 996, §§ 6, 7; A.S.A. 1947, §§ 43-3306, 43-3307; Acts 1991, No. 896, § 1.

16-87-107. Acts 1975, No. 996, § 6; A.S.A. 1947, § 43-3306; Acts 1991, No. 898, § 1.

16-87-108. Acts 1975, No. 996, §§ 8, 9; A.S.A. 1947, §§ 43-3308, 43-3309.

16-87-109. Acts 1975, No. 996, § 10; A.S.A. 1947, § 43-3310.

16-87-110. Acts 1975, No. 996, § 10; A.S.A. 1947, § 43-3310.

16-87-111. Acts 1989, No. 692, § 1; 1991, No. 904, §§ 10, 20; 1991, No. 992, § 1; 1995, No. 1256, § 20; 1995 (1st Ex. Sess.), No. 13, § 4.

16-87-112. Acts 1991, No. 925, § 1.

16-87-113. Acts 1995, No. 1289, § 1.

Subchapter 2 — Arkansas Public Defender Commission

A.C.R.C. Notes. References to “this chapter” in § 16-87-101 may not apply to this subchapter which was enacted subsequently.

Acts 2013, No. 1394, § 12, provided: “DUTIES OF DEPENDENCY-NEGLECT APPEALS ATTORNEY.

The Public Defender Commission shall utilize Dependency-Neglect Appeals Attorneys exclusively to write appeals in dependency-neglect cases.

“The provisions of this section shall be in effect only from July 1, 2013 through June 30, 2014.”

Acts 2014, No. 95, § 12, provided:

“DUTIES OF DEPENDENCY-NEGLECT APPEALS ATTORNEY. The Public Defender Commission shall utilize Dependency-Neglect Appeals Attorneys exclusively to write appeals in dependency-neglect cases.

“The provisions of this section shall be in effect only from July 1, 2014 through June 30, 2015.”

Acts 2015, No. 972, § 14, provided:

“DUTIES OF DEPENDENCY-NEGLECT APPEALS ATTORNEY. The Public Defender Commission shall utilize Dependency-Neglect Appeals Attorneys exclusively to write appeals in dependency-neglect cases.

“The provisions of this section shall be in effect only from July 1, 2015 through June 30, 2016.”

Acts 2016, No. 235, § 12, provided: “DUTIES OF DEPENDENCY-NEGLECT APPEALS ATTORNEY. The Public Defender Commission shall utilize Dependency-Neglect Appeals Attorneys exclusively to write appeals in dependency-neglect cases.

“The provisions of this section shall be in effect only from July 1, 2016 through June 30, 2017.”

Acts 2017, No. 828, § 12, provided: “DUTIES OF DEPENDENCY-NEGLECT APPEALS ATTORNEY. The Public Defender Commission shall utilize Dependency-Neglect Appeals Attorneys exclusively to write appeals in dependency-neglect cases.

“The provisions of this section shall be in effect only from July 1, 2017 through June 30, 2018.”

Effective Dates. Acts 1993, No. 1193, § 21: July 1, 1993. Emergency clause provided: “It is hereby found and determined by the Seventy-Ninth General Assembly that the decision of the Arkansas Supreme Court in State v. Post et al, Case No. 92-787, has created great uncertainty regarding the payment of the legal fees and expenses in connection with the legal representation of indigent persons charged with crimes punishable by imprisonment and that delay in the effective date of this act beyond July 1, 1993, would cause irreparable harm to the proper implementation of a statewide public defender program. Therefore, and emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1993.”

Acts 1997, No. 141, § 5: Feb. 13, 1997. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that in many rural areas there are not enough attorneys to serve as public defenders; that this lack of personnel needed to preserve our rights as guaranteed under the United States Constitution constitutes a great burden on the State's judicial system, which should be immediately corrected; and that this bill eliminates some of the restrictions on serving as public defender. Therefore an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 1997, No. 250, § 258: Feb. 24, 1997. Emergency clause provided: “It is hereby found and determined by the General Assembly that Act 1211 of 1995 established the procedure for all state boards and commissions to follow regarding reimbursement of expenses and stipends for board members; that this act amends various sections of the Arkansas Code which are in conflict with the Act 1211 of 1995; and that until this cleanup act becomes effective conflicting laws will exist. Therefore an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governer [sic], it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 1997, No. 788, § 36 and No. 1341, § 35: became law without the Governor's signature. Noted Mar. 11, 1997 and April 11, 1997, respectively. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the effectiveness of this act on July 1, 1997 is essential to the operation of the state court system, and that in the event of an extension of the Regular Session, the delay in the effective date of this act beyond July 1, 1997 could work irreparable harm upon the proper administration and provision of essential governmental progress. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health, and safety, shall be in full force and effect from and after July 1, 1997.”

Acts 1999, No. 1564, § 10: Apr. 15, 1999. Emergency clause provided: “It is hereby found and determined by the Eighty-second General Assembly that there is an immediate necessity for additional funding to provide for the defense of indigent persons by public defenders that this Act so provides; and that this Act should go into effect as soon as possible in order to protect the constitutional rights of indigent defendants. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2011, No. 39, § 2: Feb. 16, 2011. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the proper funding of defense counsel for indigent persons is of manifest importance; that a recent decision by the Arkansas Supreme Court has cast doubt on how the expenses of privately retained defense attorneys are to be paid, if at all; and that this act is immediately necessary because there is a question how the Arkansas Public Defender Commission should deal with the issue of privately retained attorneys. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 871, § 24: July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a one (1) year period; that the effectiveness of this Act on July 1, 2019 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the legislative session, the delay in the effective date of this Act beyond July 1, 2019 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 2019”.

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.