Arkansas Supreme Court and Court of Appeals: Appellate Jurisdiction in Arkansas

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Generally, appeals from circuit court will be heard by the Court of Appeals. (Appeals from district court to circuit court are separate matters entirely.) There are, however, some matters that should be filed directly with the Supreme Court, thereby bypassing the jurisdiction of Arkansas’s intermediate appellate court completely.

Arkansas Supreme Court Jurisdiction

The following matters are the exception to the general rule that appeals from the circuit court should be filed with the Court of Appeals. The Arkansas Supreme Court has original appellate jurisdiction over these matters, and so they may be filed directly with the high court.

1. Any appeal involving the proper interpretation of the Constitution of Arkansas. Unlike the federal system where questions of the United States Constitution are determined by the district court, reviewed by that Circuit’s Court of Appeals, and then heard by the United States Supreme Court—if the Supreme Court agrees to hear it—in Arkansas, appeals involving the interpretation of the state’s constitution are filed directly with the highest court.
2. Criminal appeals where the death penalty or life imprisonment has been imposed.
3. Certain petitions directed to state, county, or municipal officials or to circuit courts.
4. Appeals dealing with elections.
5. Appeals involving the discipline of attorneys.
6. Appeals involving the discipline of judges.
7. Subsequent appeals following an appeal that has been decided by the Arkansas Supreme Court.
8. Appeals required by state statute to be heard by the Arkansas Supreme Court.

Reassignment of a Case

The Supreme Court may also reassign cases to itself, if it so decides. The Supreme Court may reassign any case to itself, but it is more apt to do so in the following circumstances:

1. Where there are issues of first impression.
2. Where there are issues upon which the decisions of the Court of Appeals or Supreme Court have not been consistent.
3. Where there is a question of interpretation of the United States Constitution. (The Court’s determination on these matters may be appealed further to the United States Supreme Court.)
4. Where a matter of substantial public interest is at issue.
5. Where there is a significant issue that needs clarification or further development, or where current precedent should be reversed.
6. Where the appeal calls into question the validity or interpretation of a state statute, a county or municipal ordinance, or a rule or regulation of a court, administrative agency, or state regulatory body.

The appellant’s brief should include an Informational Statement and Jurisdictional Statement addressing the issues of the appeal only in light of their jurisdictional relevance without argument to the substantive merit of the appeal. The appellee may include a response if he disagrees with the appellant’s assessment on the matter of jurisdiction.

Transfer and Certification

The Supreme Court may transfer any case appealed to itself to the Court of Appeals and any case appealed to the Court of Appeals to itself. In addition, the Court of Appeals may request to have a case transferred to the Supreme Court by certifying that:

1. The Supreme Court has jurisdiction according to the Rules of The Supreme Court and Court of Appeals.
2. The appeal involves an issue of significant public interest or a legal principle of major importance.

The Supreme Court may accept such cases or may remand them to the Court of Appeals. The Court is not obligated to accept transfer requests.

Petition For Review

The Supreme Court may, but is not obligated to, hear an appeal from a decision of the Court of Appeals. In determining whether to grant a petition to accept such an appeal, the Supreme Court will generally consider the following factors:

1. Whether the appellate court decided the case by a tie vote.
2. Whether the decision of the appellate court was in conflict with a prior holding of the Supreme Court or the Court of Appeals.
3. Whether the appellate court arguably erred in some way related to the factors listed above in the “Reassignment of a Case” section.

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Sources:

Rule 1-2, Rules of the Supreme Court and Court of Appeals of the State of Arkansas

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See Also:

How to File a Civil Appeal in Arkansas

Availability of Civil Appeals in Arkansas