Brown v. Kelton

I concur in the result reached by the majority, but I write separately to set out the analysis by which I reach that same result. Brown correctly argues that Arkansas Code Annotated section 16-22-211 (Supp.2009) “cannot control the outcome of this case because the statute intrudes on this court’s exclusive power.” A statute, being an enactment of the legislative branch, may not control what is within the exclusive authority of the judicial branch. As the highest court in the judicial branch of government, this court holds exclusive authority over the regulation of the practice of law.1

The…