recognizing that the writ will issue when a lower court without venue is about to act
How later courts described this case
- recognizing that the writ will issue when a lower court without venue is about to act
- Glaze, concurring, noting that "venue is distinguishable from criminal jurisdiction, which refers to the judicial power to hear and determine a criminal prosecution, in that it commonly pertains to geographical subdivisions, relates to practice and procedure and may be waived."
Written by the judges who cited it.
The opinion
David Newbern, Justice, dissenting. Justice Hickman’s dissenting opinion expresses my views. I was tempted to vote with the majority but publish a concurring opinion pointing out that if we hold that municipal courts do not have county-wide jurisdiction we might leave a void in those parts of counties not included in any municipality. Arkansas Const, amend. 55 made true county legislators out of justices of the peace, and we have not yet decided whether they retain any of their judicial powers. I suspect they do not, given our constitutional separation of powers scheme.
Our need for a new judicial article is pressing. This is not a time for timidity. It was our decision in Walker v. Arkansas Dept. of Human Services, 291 Ark. 43 , 772 S.W.2d 558 (1987), which brought about the new amendment permitting the creation of juvenile courts. While I am not certain the void created by limiting municipal courts powers to the geographical limits of the cities they serve can be as readily filled as was the temporary juvenile court void, I am convinced it is the price we should be willing to pay to correct an absurd and unfair situation.
My hope is that we can stop dealing with the brush fires created by our antiquated judicial article by addressing the overarching conflagration. Arkansas is ready for a modern court system, like the one recently created in Alabama, including financial and political unification of the state judiciary. Ala. Const, amend. 328. See Crown Equip. Co. v. Robinson Mining Co., 342 So. 2d 910 (Ala. 1977). Cf. Colston v. State, 57 Ala. App. 4 , 325 So. 2d 520 (1975), cert. denied, 295 Ala. 398 , 325 So. 2d 531 (1976).
Holt, C.J., and Hickman, J., join this opinion.