On Arkansas’ judicial election process

On Arkansas’ judicial election process

Arkansas is one of 38 states where voters chose the individuals to serve on their highest court. We refer to our highest court as the Arkansas State Supreme Court.

As our voters recently elected two state supreme court justices, I want to use this week to tell you the history behind electing our highest judicial officers and how we compare with other states.

The state’s first constitution drafted in 1836 created a supreme court composed of three judges including one styled Chief Justice, and directed that the judges be elected by the Arkansas General Assembly.

The state's current constitution, ratified in 1874, allowed voters of the state to select the justices and chose who would serve as Chief Justice. It initially provided for three supreme court judges, but also authorized the Arkansas General Assembly to increase the number of judges to five, if it deemed necessary, when the state population amounted to one million.

It did just that in 1899. And by 1925, additional legislation was passed increasing the number of judges on the court to seven.

Effective July, 2001, the judicial article of the Arkansas constitution was rewritten by Amendment 80.

Amendment 80 describes the qualifications for an Arkansas Supreme Court justice:

• A justice of the Supreme Court shall be a licensed attorney for at least eight years immediately preceding the date of assuming office.

• The justices of the Supreme Court shall be elected by the qualified electors of the State and shall serve eight-year terms.

The seven Arkansas Supreme Court justices are elected in statewide nonpartisan races, and serve staggered terms, such that it is unlikely all members of the court would be replaced in one election. In the event a member of the court fails to serve the entire term of office, the vacancy is filled by appointment by the governor.

Our justices do not have term limits, however they see a decrease in benefits if they chose to run for office after the age of 70.

Seven states have partisan elections for their judges on the high court. And many states allow uncontested retention elections after initial appointment.

From State Representive Deborah Ferguson