Ark. Code Ann. » Title 21 Chapter 12
Arkansas Code Annotated

Ark. Code Ann. § 21-12-301 (2020)

Suspension upon charge of shortage of funds

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    1. Whenever any information or indictment shall be filed in any circuit court of this state against any county or township officer on any charge involving a shortage of funds in his or her office when the shortage has been reported by Arkansas Legislative Audit, the circuit court shall immediately order that the officer be suspended from his or her office until the information or indictment is tried.
    2. The suspension shall not extend beyond the next term after the information or indictment is filed in the circuit court, unless the cause is continued on the application of the defendant.
    1. Whenever any such officer is confined in a jail on a charge involving a shortage of funds in his or her office when the shortage has been reported by Arkansas Legislative Audit, he or she shall be suspended from office by the circuit court upon the filing of information of the imprisonment.
    2. The suspension shall last until the officer is discharged from prison by due process of law, on bail, or otherwise.

History. Acts 1877, No. 63, §§ 1, 3, p. 64; C. & M. Dig., §§ 10335, 10337; Pope's Dig., §§ 14335, 14337; Acts 1963, No. 83, §§ 1, 3; A.S.A. 1947, §§ 12-2101, 12-2103.

Cross References. Action to prevent exercise of office by usurper, § 16-118-105.

Circuit court, jurisdiction to remove county or township officers, Ark. Const., Art. 7, § 27.

Case Notes

Constitutionality.

This section is constitutional. Sumpter v. State, 81 Ark. 60, 98 S.W. 719 (1906).

Salary During Suspension.

Suspended officer is not entitled to salary during time of suspension from office though acquitted of the charge. Gray v. Independence County, 166 Ark. 502, 266 S.W. 465 (1924).

Notes of Decisions
Cited in 1 case, 1988–1988 · leading case: Hester v. Langston, 759 S.W.2d 797 (Ark. 1988).
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Hester v. Langston, 759 S.W.2d 797 (Ark. 1988). · cites it 2× “Ark. Code Ann. §§ 21-12-301 and 21-12-302 (1987) concern suspension of county officers.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.