Case law

Opinion No.

Arkansas Attorney General Reports · Jul 12, 2001

For example, in Jonesboro, seven new election zones have been established. … (d)(1)(A) A candidate for election from a single-member zone must be a qualified elector and a resident of the zone.

Opinion No.

Arkansas Attorney General Reports · Feb 5, 2008

T h i s 3 5 % requirement is still on the books, see A.C.A. § 3-8-302 (a) (Repl. 1996); but it clearly is ineffective. … The percentage was changed again in 1993, under Act 243 of that year, which amended A.C.A. § 3-8-205 to establish the current 38% requirement. See Acts 1993, No. 243, § 1.

Opinion No.

Arkansas Attorney General Reports · Nov 22, 2006

At issue in your request is whether felled timber and wood chips hauled from a lumber yard constitute "unfinished and unprocessed" forest products, thus qualifying them for the exemption established in A.C.A. § 27-35-203 … Nothing is taken as intended that is not clearly expressed. State ex rel. Sargent v. Lewis, 335 Ark. 188 , 979 S.W.2d 894 (1998).

Opinion No.

Arkansas Attorney General Reports · Jun 20, 2006

Accordingly, when the Court recommends the combination of two or more counties "for the election of a full-time judge to serve the courts so designated[,]" it clearly contemplates one judge serving the district court in each … Section 10 provides: The General Assembly shall have the power to establish jurisdiction of all courts and venue of all actions therein, unless otherwise provided in this Constitution, and the power to establish judicial

Opinion No.

Arkansas Attorney General Reports · Sep 15, 2006

Const. amend. 24 , clearly mandates that a county have only "a county clerk" — a singular designation that is qualified nowhere else in the constitution or the Arkansas Code. … Const. art, 13 , § 5 (authorizing Sebastian County to establish two such districts) and Acts 1883, No. 74 and 1881, No. 14 (mandating the establishment of two such districts in Carroll and Clay Counties, but expressly referring

Opinion No.

Arkansas Attorney General Reports · Jan 16, 1992

Title 20 U.S.C.A. § 1232g establishes confidentiality of school records. … The Act specifically provides for absolute immunity from both civil and criminal liability for those required to make reports who make them in good faith. A.C.A. § 12-12-517 (Cum. Supp. 1991).

Opinion No.

Arkansas Attorney General Reports · Dec 10, 2009

In this regard, I will note that neither the livestock division nor the poultry division of the Commission is charged with any authority to select among qualified individuals or entities that might participate in a local … In any event, their existence, while acknowledged in the Code, in no sense renders them public entities of the sort that the Commission clearly qualifies as being. *Page 1

Opinion No.

Arkansas Attorney General Reports · Sep 11, 1989

This fact would thus be given weight by the courts, and likely result in adherence to the agency's construction, unless clearly wrong. … It seems to us that these stipulated facts inescapably establish that Youngstown had `so acted upon the [imported ores]' (Brown v.

Opinion No.

Arkansas Attorney General Reports · Aug 14, 1989

Section 6-61-515 of the Arkansas Code provides: (a)(1) If a majority of the qualified electors of the proposed district voting thereon at such election shall vote FOR the establishment of the district, the district shall … be established in the manner provided in (this chapter) (2) If a majority of the qualified electors of the proposed district voting thereon at the election vote AGAINST the establishment of the district, the district shall

Opinion No.

Arkansas Attorney General Reports · Oct 25, 2001

the corporation as organized and operated in fact qualified as a "public benefit corporation." … Finally, although you have not raised the issue in your request, I feel obliged to note that the three municipalities referenced in your request clearly qualify as "public agencies" authorized to undertake an approved joint

Opinion No.

Arkansas Attorney General Reports · Aug 19, 2005

I believe this arrangement clearly qualifies as a joint enterprise of the sort envisioned in the Act, as opposed to a simple contractual arrangement. … The agreement clearly has features that resemble those of a joint venture or partnership. Accordingly, I agree that the proposed agreement is subject to my approval pursuant to A.C.A. § 25-20-104 (f).

Opinion No.

Arkansas Attorney General Reports · May 2, 2003

policies and standards for the public defender system throughout the state, including standards for determining who qualifies as an indigent person; (2) To establish policies and standards for the organization and operation … Moreover, the courts will uphold the Commission's determination regarding this matter, unless it is clearly wrong.

Opinion No.

Arkansas Attorney General Reports · Jul 17, 2002

In addition, a record must be "investigative" in nature in order to qualify for the exemption. … That is, the evidence presented to the lower court did not establish that the records were sufficiently investigative in nature to qualify for the exemption.

Opinion No.

Arkansas Attorney General Reports · Nov 5, 2001

Said Rural Development Authority shall be composed of five (5) members, each a qualified elector of Benton County. ARTICLE III. … As reflected in the foregoing, I believe a rural development authority clearly qualifies as an administrative board and that A.C.A. § 14-14-712 was designed in part to enable county government to locate ultimate control over

Opinion No.

Arkansas Attorney General Reports · Dec 17, 2008

It will be upheld unless it is clearly erroneous or contrary to statute. See generally Clinton v. … I cannot state that this interpretation is clearly wrong.

Opinion No.

Arkansas Attorney General Reports · Jan 20, 2004

Given that both the mayor and the city employee are public employees, I believe documents containing the requested information clearly qualify as "public records" under this definition. … If so, the documents might qualify as the employee's evaluation/job performance records.

Opinion No.

Arkansas Attorney General Reports · Aug 27, 1987

Such a result would, moreover, be contrary to the well-established rule that a court will construe a statute so as to enable it to be effective. Town of Wrightsville v. Walton, 255 Ark. 523 , 501 S.W.2d 241 (1973). … The General Assembly has clearly expressed its intent that a "condominium" be included as an improvement or structure subject to the Act, thus effectively removing it from structures qualifying as "single-family residences

Opinion No.

Arkansas Attorney General Reports · Nov 20, 1998

You note that your husband's experience in death penalty cases clearly meets the minimum standards for lead counsel in a death case. … The courts may appoint attorneys from the list of qualified attorneys prepared by the Commission.

Opinion No.

Arkansas Attorney General Reports · Feb 8, 2008

Would a city museum of history qualify as a "tourist-oriented facility" as defined in A.C.A. 26-75-606 (b)(1)(A)? 2. … Moreover, your question clearly raises the constitutional issue discussed in my response to your second question.

Opinion No.

Arkansas Attorney General Reports · Nov 23, 1999

Question No. 1 in Attorney General Opinion No. 99-105 asked: "Under Act 773 of 1999, is it legal for a school district to establish a policy that states: `If a school employee opts to participate in the Teacher Deferred Retirement … The above-quoted provision clearly applies to all employees, regardless of their status or the nature of their positions. Assistant Attorney General Suzanne Antley prepared the foregoing opinion, which I hereby approve.