Arkansas Code Annotated

Ark. Code Ann. § 16-88-101 (2026)

Jurisdiction of courts for certain offenses generally

✓ current as of May 2026
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  1. The jurisdiction of the various courts of this state for the trial of offenses shall be as follows:
    1. The Senate shall have exclusive jurisdiction of impeachment;
    2. The Supreme Court shall have general supervision and control over all inferior courts in criminal cases;
    3. The circuit court shall have original jurisdiction, exclusive of the district court, for the trial of offenses defined as felonies by state law and shall have original jurisdiction concurrent with the district court for the trial of offenses defined as misdemeanors by state law; and
    4. The district court shall have original jurisdiction, exclusive of the circuit court, for the trial of violations of ordinances of any town, city, or county within the territorial jurisdiction of the district court and shall have original jurisdiction concurrent with the circuit court for the trial of offenses defined as misdemeanors and violations by state law and committed within the territorial jurisdiction of the district court.
  2. Where an indictment is found in the circuit court for an offense within its jurisdiction, the circuit court shall have jurisdiction of all the degrees of the offense and of all the offenses included in the one (1) charge, although some of those degrees or included offenses are within the exclusive jurisdiction of the district court.
  3. A district court may issue arrest warrants and search warrants and may perform other pretrial functions, as authorized by the Arkansas Rules of Criminal Procedure, in the prosecution of a person for an offense within the exclusive jurisdiction of the circuit court.

History. Crim. Code, §§ 10, 11; Acts 1871, No. 49, § 1 [10], p. 255; C. & M. Dig., § 2863; Pope's Dig., § 3679; A.S.A. 1947, §§ 43-1405, 43-1406; Acts 2003, No. 1185, §§ 207, 208; 2007, No. 663, § 53; 2009, No. 398, § 1; 2011, No. 1218, §§ 11, 12.

Amendments. The 2003 amendment by No. 1185, § 207, rewrote the section.

The 2003 amendment by No. 1185, § 208, rewrote (a).

The 2009 amendment substituted “any town, city, or county within the territorial jurisdiction of the district court” for “the city or county in which the district court is located” in (a)(4), and made a related change.

The 2011 amendment inserted “and violations” in (a)(4).

Case Notes

Municipal Courts.

Although municipal courts have countywide jurisdiction of misdemeanors, that jurisdiction is concurrent with that of the justices of the peace in all townships except the township in which the municipal court sits. Therefore, only in the township in which the municipal court sits is its jurisdiction exclusive of the jurisdiction of justices of the peace. Credit v. State, 25 Ark. App. 309, 758 S.W.2d 10 (1988).

Police Courts.

The chancery court has no jurisdiction over police court's use of bail money; rather than appealing to the circuit court the police court's decision foreclosing on and attaching the disputed funds and applying them to defendant's fine, plaintiff improperly filed suit in chancery court attempting to countermand the police court's order by enjoining the city's use of plaintiff's funds. Skelton v. City of Atkins, 317 Ark. 28, 875 S.W.2d 504 (1994).

Search Warrants.

Osceola District Court judge had jurisdiction to issue a search warrant for a residence in the Chickasawba District. Wagner v. State, 2010 Ark. 389, 368 S.W.3d 914 (2010).

Cited: Taylor v. State, 354 Ark. 450, 125 S.W.3d 174 (2003).

Notes of Decisions
Cited in 10 cases (3 in the last 5 years), 1988–2024 · leading case: Just. Network Inc v. Craighead Cnty., 931 F.3d 753 (8th Cir. 2019).
Just. Network Inc v. Craighead Cnty., 931 F.3d 753 (8th Cir. 2019). · cites it 2× “80, §§ 7 (B), 10 ; see also Ark. Code Ann. § 16-88-101 (same). State district courts also enjoy "original [and exclusive] jurisdiction .”
Pamela Green v. Charles Byrd, 972 F.3d 997 (8th Cir. 2020). · cites it 3× “Ark. Code Ann. § 16-88-101 (a) (providing a list of the types of cases—i.”
Wagner v. State, 368 S.W.3d 914 (Ark. 2010). · cites it 5× “Section 16-88-101(a)(4) provides that district courts have original jurisdiction to conduct trials for violations of city and county ordinances and state-law misdemeanors committed within the territorial jurisdiction of the district court.”
Green v. Byrd, 358 F. Supp. 3d 782 (E.D. Ark. 2018). · cites it 6× “5 Today, and at the times relevant to this case, the principal statute governing the jurisdiction of the Arkansas courts is Ark. Code Ann. § 16-88-101 . That statute provides: (a) The jurisdiction of the various courts of this state for the trial of offenses shall be as follows:…”
Taylor v. State, 125 S.W.3d 174 (Ark. 2003). · cites it 2× “Arkansas Code Annotated § 16-88-101 (a) (3) (1987) provides in relevant part: (a) The jurisdiction of the various courts of this state, for the trial of offenses, shall be as follows: * * * (3) the circuit court shall have general jurisdiction for the trial of all offenses which…”
Skelton v. City of Atkins, 875 S.W.2d 504 (Ark. 1994). · cites it 2× “§ 16-18-110 (1987) (which among other things provides the judges of the police court shall have within the limits of the city all the jurisdiction and power of a justice of the peace in all civil or criminal matters).”
Credit v. State, 758 S.W.2d 10 (Ark. Ct. App. 1988). · cites it 2× “Ark. Code Ann. § 16-88-101 (a)(3)(B) (1987) (formerly Ark.”
Jon Comstock v. State of Arkansas, 2024 Ark. 112 (Ark. 2024). · cites it 2× “Ark. Code Ann. § 16-88-101 (a)(3) (Supp. 2021).”
Jon Comstock v. State of Arkansas, 2024 Ark. 112 (Ark. 2024). · cites it 2× “Ark. Code Ann. § 16-88-101 (a)(3) (Supp. 2021).”
Farella v. Dist. Judge A.J. Anglin (W.D. Ark. 2023). · cites it 2× “See Ark. Code Ann. § 16-88-101 (c). Arkansas Rule of Criminal Procedure 8.”
— Ark. Code Ann. § 16-88-101(a)(3) — 1 case
Taylor v. State, 125 S.W.3d 174 (Ark. 2003). “Arkansas Code Annotated § 16-88-101 (a) (3) (1987) provides in relevant part: (a) The jurisdiction of the various courts of this state, for the trial of offenses, shall be as follows: * * * (3) the circuit court shall have general jurisdiction for the trial of all offenses which…”
— Ark. Code Ann. § 16-88-101(a)(4) — 2 cases
Wagner v. State, 368 S.W.3d 914 (Ark. 2010). “Section 16-88-101(a)(4) provides that district courts have original jurisdiction to conduct trials for violations of city and county ordinances and state-law misdemeanors committed within the territorial jurisdiction of the district court.”
Green v. Byrd, 358 F. Supp. 3d 782 (E.D. Ark. 2018). “5 Today, and at the times relevant to this case, the principal statute governing the jurisdiction of the Arkansas courts is Ark. Code Ann. § 16-88-101 . That statute provides: (a) The jurisdiction of the various courts of this state for the trial of offenses shall be as follows:…”
— Ark. Code Ann. § 16-88-101(c) — 2 cases
Wagner v. State, 368 S.W.3d 914 (Ark. 2010). “Section 16-88-101(a)(4) provides that district courts have original jurisdiction to conduct trials for violations of city and county ordinances and state-law misdemeanors committed within the territorial jurisdiction of the district court.”
Green v. Byrd, 358 F. Supp. 3d 782 (E.D. Ark. 2018). “5 Today, and at the times relevant to this case, the principal statute governing the jurisdiction of the Arkansas courts is Ark. Code Ann. § 16-88-101 . That statute provides: (a) The jurisdiction of the various courts of this state for the trial of offenses shall be as follows:…”
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