OFFICE OF THE CIRCUIT CLERK

CIRCUIT COURTS AND EX-OFFICIO RECORDER

  VICKI  RIMA  -   CLERK

HOT SPRINGS, ARKANSAS 71901
PHONE   (501) 622-3630  
FAX:  (501)  609-9043

Service Fee's   Standing Order

Duties of the Office   Arkansas Court System

Application for Notary Public (.pdf)

    The Circuit Clerk is an elected official in county government. The Constitution of the State of Arkansas provides for the election of the Circuit Clerk to a two-year term of office with the requirements that he/she be a qualified elector and resident. In the event of a vacancy in office, the Quorum Court fills the vacancy by appointment, the appointee serving until the next general election, when a successor is elected. Before beginning his/her duties, the Circuit Clerk must enter into an official bond, to guarantee his/her proper performance of the duties. This may be accomplished either through the State Blanket Bond Program which covers all employees on the payroll, or a Surety Bond purchased for the officer. He/she must also take the constitutional oath of office.

    The Circuit Clerk is entitled to that salary fixed for his/her office by applicable law and Quorum Court appropriation, but he/she cannot keep the various fees collected in the performance of his/her duties as the Circuit Clerk, as in that respect, he/she is only an agent or trustee for the County Treasury.

    To assist the Clerk in the performance of his/her duties, the Circuit Clerk may appoint such number of deputies as the Quorum Court may approve. The Clerk generally supervises the deputies and may discharge them and regulate their employment, within the guidelines established by the Quorum Court.

    The office of the Circuit Clerk is to be operated according to the office budget which is established annually by the Quorum Court of the County

    In general, the Circuit Clerk maintains records of, and is the focal point for the orderly flow of paperwork through the Courts of the County. (With the exception of a limited number of counties where the offices have been either separated or combined with other county offices.) Under provisions of Arkansas Code Annotated 14-14-1301(2), the Circuit Clerk also acts as ex-officio Recorder for the County unless that function is otherwise provided by law.

    The primary duties of the office revolve around filing, docketing, attending court, issuing of notices, records management, and reporting to the Administrative Office of the Courts. It is the responsibility of the Circuit Clerk to prepare a list of prospective jurors, docket cases of the respective courts, issue summonses, subpoenas, writs and warrants related to each case, attend court and swear witnesses. The Clerk maintains the records of the civil, criminal and Juvenile divisions of the Courts and prepares transcripts of proceedings under appeal. In addition, duties of the office in the capacity of Recorder include recording all deeds, mortgages, and conveyances of lands and buildings lying within the County, as well as maps and plats of newly laid out villages and all records from other counties concerning land sales or conveyance which affect title in the County. Other duties assigned the Recorder include the recording of powers of attorney, liens on real property, soldiers' discharges, leases, financing statements, performance bonds and public official bonds.
The records of the Circuit Courts are the evidence of their official acts and, therefore, it is necessary that they be accurately recorded and well maintained
 
 

    There are several different kinds of courts in Arkansas, handling both civil and criminal cases A civil case usually involves a controversy between individuals or business corporations in respect to private rights or obligations. Those bringing the controversy into court are called the plaintiffs; those being sued are called the defendants. The State can be the defendant in civil cases, and the State, county or municipality is often the plaintiff. A criminal case involves the State or municipality against an individual alleging that the individual has committed an offense against society by violating the criminal laws.

    Courts in Arkansas have varying levels of jurisdiction and at the top of the judicial system is the State Supreme Court, next is the Court of Appeals, then the trial courts of general jurisdiction, and the courts of limited jurisdiction.
 

        ARKANSAS SUPREME COURT

    The Supreme Court was established by the Constitution of 1836, and continued by the State's latter constitutions, as the court to which decisions of courts of general jurisdiction may be appealed. The Supreme Court is also given general supervision over all lower courts of law and equity.

    The Supreme Court is composed of a Chief Justice and six Associate Justices, all of whom are elected at large in general elections.  They serve eight year terms. To be qualified to run for the position of Justice, a person must be at least thirty years of age, of good moral character, and learned in the law," a citizen of the United States with two years residence in Arkansas and a practicing lawyer or judge for at least eight years.

    The jurisdiction of the Supreme Court includes:  appellate jurisdiction over those cases from Circuit Courts involving: construction or interpretation of Arkansas Constitution and Acts, municipality or court ordinance, court and administrative agency rules; criminal appeals involving imposition of the death penalty or life imprisonment and post conviction relief petitions; appeals from Arkansas Public Service Transportation, and Pollution Control Commissions, petitions for Writs of Quo Warranto, Prohibition, Injunction, Mandamus, and Certiorari; election and attorney discipline; and appellate jurisdiction over those appeals from the Court of Appeals certified for review. 

    COURT OF APPEALS

    A major change in the Arkansas Court system was initiated in November, 1978, when the voters approved Constitutional Amendment 58 authorizing the General Assembly to establish an intermediate appellate court known as the Court of Appeals. This intermediate appellate court was needed to help alleviate the tremendous caseload that the Supreme Court has experienced during the last several years. Pursuant to the authority of Constitutional Amendment 58, the General Assembly has subsequently created and funded the Court of Appeals, and the Supreme Court has established its jurisdiction.

    The Court is composed on one chief justice and eleven judges who are each elected circuit-wide for an eight-year term of office.   

   Cases appealed from the Circuit Court are taken to the Court of Appeals, with the exception of the following types of cases that are appealed directly to the Supreme Court:

    (a)    Cases involving interpretation or construction of the Arkansas Constitution.

    (b)    Cases involving validity, interpretation, construction or constitutionality of an act of the legislation or ordinance of a county or municipality.

    (c)    Criminal cases involving a cumulative sentence of more than 30 years imprisonment.

Vicki E. Rima
Garland County Circuit Clerk
Garland County Courthouse
Hot Springs, Arkansas  71901