Arkansas Constitutional Amendment 80

Last updated

Amendment 80
Flag of Arkansas.svg
November 7, 2000
Arkansas Constitutional Amendment 80
Results
Choice
Votes %
Check-71-128-204-brightblue.svgYes431,13757.12%
Light brown x.svgNo323,64742.88%

Arkansas Constitutional Amendment 80 (known as Referred Amendment 3 prior to passage) amended the Constitution of Arkansas to comprehensively change the judiciary of Arkansas by essentially replacing Article VII of the Constitution of Arkansas. The amendment was referred by the Arkansas General Assembly (legislative referral) to voters, and was approved during the November 7, 2000 election.

Contents

History

The judicial department of Arkansas state government was created by the 1836 Constitution of Arkansas during statehood. The initial constitution created the Arkansas Supreme Court, which had three judges, elected by the Arkansas General Assembly, and vested remaining judicial power in circuit courts (courts of record), in county courts (paternity and estate), and in justices of the peace (inferior courts). Matters of law or equity jurisdiction were both heard by the circuit judge, "sitting either in chancery or equity".

In the 1861 Constitution of Arkansas, corporation courts (municipal court) and probate courts were created, and the General Assembly was allowed to create separate courts of chancery. However, chancery courts were only created piecemeal as needed, with circuit courts retaining dual law/equity jurisdiction until a chancery court was established. This system remained unchanged but was codified by the 1874 Constitution of Arkansas (the current Constitution) in Article VII.

In 1903, Arkansas created a statewide system of chancery courts. A juvenile court system was created in 1911, but found unconstitutional and abolished in 1987 and merged into chancery court. Amendment 58, approved by the voters in 1978, created the Arkansas Court of Appeals to assist with the Supreme Court's appellate caseload.

Several efforts to reform this unwieldly court system had failed to earn voter approval, including the failed proposed Arkansas Constitutions of 1970 and 1980, an amendment that failed to earn legislative referral 1991, and a failed call for a constitutional convention in 1995.

Support

Opposition

Polling

Polling

Poll sourceDate(s)
administered
Sample
size
Margin of
error
ForAgainstUndecided
Mason-Dixon [4] October 200022%24%54%
Mason-Dixon [6] November 20006254%31%26%43%


Results

Arkansas Referred Amendment 3 (2000) [7]
ChoiceVotes %
Check-71-128-204-brightblue.svg Yes431,13757.12
No323,64742.88
Total votes754784100.00

The amendment:


References

  1. Brady, Larry; Gingerich, J.D. (2002). "A Practitioner's Guide to Arkansas's New Judicial Article". University of Arkansas at Little Rock Law Review. 24 (3). University of Arkansas at Little Rock. Retrieved May 25, 2025.
  2. 1 2 3 4 5 6 7 8 Rowett, Michael (November 2, 2000). "Amendment to combine courts draws opposition". Arkansas Democrat-Gazette. Little Rock, AR. p. B2. Retrieved May 25, 2025 via NewsBank.
  3. 1 2 3 4 Rowett, Michael (September 13, 2000). "Push begins for amendment to restructure state's courts". Arkansas Democrat-Gazette. Little Rock, AR. p. B1. Retrieved May 25, 2025 via NewsBank.
  4. 1 2 Blomeley, Seth (October 10, 2000). "Poll:Public undecided on proposed amendment to revamp state's courts". Arkansas Democrat-Gazette. Little Rock, AR. p. B1 via NewsBank.
  5. Magsam, John (October 24, 2000). "Bentonville Council considers backing Amendment 1, not others Mayor: Small cities would get most from change". Arkansas Democrat-Gazette. Little Rock, AR. p. B1. Retrieved May 25, 2025 via NewsBank.
  6. Simmons, Bill (November 1, 2000). "Casino push a losing bet, poll reflects Views on amendments indicate No. 5 flagging". Arkansas Democrat-Gazette. Little Rock, AR. p. A1 via NewsBank.
  7. Arkansas Secretary of State (2018). "Initiatives and Amendments, 1938-2018" (PDF). Little Rock. p. 20. Retrieved May 25, 2025.