Legal Opinion

Opinion No.

Arkansas Attorney General Reports

Decided October 31, 1986Published

1Opinion of the Court

The Honorable Stephen Choate Circuit Judge P. O. Box 3698 Batesville, AR 72501

Dear Judge Choate:

You have requested an Opinion regarding whether the Arkansas General Assembly can, when creating a new circuit judgeship, direct that an appointment to that position by the Governor be for four years. Specifically you ask whether Amendment 29 requires an election in 1988 for such a position created and effective in 1987.

Amendment 29 1 to the Arkansas Constitution of 1874 provides, in pertinent part:

Vacancies in the Office of United States Senator, and in all elective . . . circuit offices . . .…

2Cases cited9 opinions

  1. State ex rel. Smith v. AskewSupreme Court of Arkansas · 1886
  2. State v. Green and RockSupreme Court of Arkansas · 1943
  3. Howell v. Howell Stevens v. StevensSupreme Court of Arkansas · 1948
  4. Matheny v. Independence CountySupreme Court of Arkansas · 1925
  5. Stafford v. CookSupreme Court of Arkansas · 1923

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