Case law

Opinion No.

Arkansas Attorney General Reports · Nov 19, 2002

Section 16-17-602 of the Code (Repl. 1999) authorizes the establishment of small claims divisions of municipal courts, which, upon the adoption in 2000 of Ark. amend. 80, § 7 have been redesignated "district courts." … An individual not licensed as an attorney is clearly precluded from pursuing such an action on behalf of another. Assistant Attorney General Jack Druff prepared the foregoing, which I hereby approve.

Opinion No.

Arkansas Attorney General Reports · Dec 31, 2008

who were legally qualified to vote in the contest instead voted in other constable contest(s). … For reasons described in some detail in response to your second question, the office of constable is clearly a township office.

Opinion No.

Arkansas Attorney General Reports · Sep 28, 2000

I , which prohibits any government action "respecting an establishment of religion," and Ark. Const. art. … I use the qualifier "probably" because the statute is slightly confusing regarding its scope.

Opinion No.

Arkansas Attorney General Reports · Jan 11, 2008

Given that you are an employee of the Arkansas Game Fish Commission, I believe that the records requested clearly qualify as "public records" under this definition. As my predecessor noted in Op. … The FOIA does not define the phrase "clearly unwarranted invasion of personal privacy."

Opinion No.

Arkansas Attorney General Reports · Sep 15, 2009

*Page 3 Given that the subject of the request is a former city employee, the records are presumed to qualify as "public records" under this definition. As I stated in Op. … records should be properly withheld from public disclosure or redacted under the FOIA, I must necessarily be somewhat circumspect in my description of them in a published opinion from this office. 2 Section 25-19-103 (5)(A) establishes

Opinion No.

Arkansas Attorney General Reports · Jan 19, 2001

However, the Governmental Bonding Board further concluded that the AHDC was not a governmental entity qualified to participate in the Fidelity Bond Program. Id. … This conclusion is clearly appropriate, particularly in light of the fact that review at the trial court level is limited to the administrative record, which in the present case would not even include the school district's

Opinion No.

Arkansas Attorney General Reports · Apr 4, 2008

(ii)(a) If the person received enough votes to qualify for a runoff, the person's name shall appear on the runoff ballot. … (ii)(a) If the person received enough votes to qualify for a runoff, the person's name shall appear on the runoff ballot.

Opinion No.

Arkansas Attorney General Reports · Feb 25, 2002

In support of its holding, the court in Blackwell recited the following pronouncement on the subject by the Eighth Circuit Court of Appeals: "The government has a substantial interest in establishing methods by which it can … Moreover, A.C.A. § 3-2-210 (a) further qualifies that expectation as follows: The right of any enforcement agent or law enforcement officer to enter, search, inspect records, and seize contraband in or on any licensed premises

Opinion No.

Arkansas Attorney General Reports · Feb 13, 2009

TO OWN AND OPERATE SEVEN CASINO GAMING ESTABLISHMENTS ONE EACH IN SEBASTIAN, PULASKI, GARLAND, MILLER, CRITTENDEN, BOONE, AND JEFFERSON COUNTIES; AND TO ESTABLISH THE ARKANSAS EDUCATIONAL TRUST FUND AND THE ARKANSAS GAMING … You refer in your ballot title to the General Assembly's establishment of a "state lottery" and yet include in the text of your measure no provision for the establishment of a lottery.

Opinion No.

Arkansas Attorney General Reports · Oct 29, 1998

I cannot conclude that a uniform dress requirement clearly conflicts with the Arkansas Constitution's guarantee of "free public schools." … If the committee recommends the adoption of such a code, the board may refer the issue to a vote of the qualified electors of the district. A.C.A. § 6-18-102 (b)(2).

Opinion No.

Arkansas Attorney General Reports · Dec 19, 2001

Both men are qualified. … As reflected in my response to your previous two questions, I believe Act 1835 clearly applies to all of the other officers listed in your request.

Opinion No.

Arkansas Attorney General Reports · Jul 23, 1999

IN WHICH THE MOST RECENT MEASURING RACE WAS NOT TABULATED, ON THE SIGNATURES OF THE LESSER OF TEN PERCENT (10%) OF THE WHOLE NUMBER OF VOTERS REGISTERED WITHIN THE TAXING UNIT, OR 100 TAXPAYING VOTERS OF THE TAXING UNIT; ESTABLISHING … Such entities are prohibited, under your proposal, from borrowing money without the approval of the "qualified electors thereof."

Opinion No.

Arkansas Attorney General Reports · Aug 24, 2005

qualify as "public records" under this definition. … The FOIA does not define the phrase "clearly unwarranted invasion of personal privacy."

Opinion No.

Arkansas Attorney General Reports · Apr 17, 1996

. § 7-9-107 , of the following popular name and ballot title for a proposed constitutional amendment: (Popular Name) AN AMENDMENT TO CREATE THE ARKANSAS LOTTERY AND CASINO COMMISSION; TO ESTABLISH THE ARKANSAS LOTTERY, CHARITABLE … There is no clearly discernible test for determining what constitutes a "serious omission" that would render a ballot title insufficient. Page v.

Opinion No.

Arkansas Attorney General Reports · Mar 12, 2001

Specifically with respect to the issue of lobbying, I assume your concern is that the city might be restricted from engaging in what the courts generally refer to as "government speech" — i.e., speech that clearly advocates … However, determining whether an expenditure qualifies as legitimate under this standard would entail engaging in a factual inquiry I am unauthorized to conduct.

Opinion No.

Arkansas Attorney General Reports · Dec 28, 1989

The courts employ a two-pronged legal test in determining whether an age classification qualifies as an "bona fide occupational qualification" or ("BFOQ"). … The Second Circuit did not find the district court's conclusions "clearly erroneous" and thus affirmed the district court's decision that the limit violated the ADEA.

Opinion No.

Arkansas Attorney General Reports · Oct 27, 1999

Sections 4(d) (e) of Act 1185 empower the Assessment Coordination Department to establish training, experience, and testing requirements that assessors and others must comply with in order to be qualified to manage the reappraisals … The reappraisal of property upon the basis of which school districts will receive an increased income clearly is a benefit for the schools.

Opinion No.

Arkansas Attorney General Reports · Mar 20, 2008

It is of course well established that a statute should be construed just as it reads, giving the words their ordinary and usually accepted meaning. See, e.g., Todd v. Ligon , 356 Ark. 187 , 148 S.W.3d 229 (2004). … Accordingly, in my opinion the answer to your first question is clearly "no" with regard to a request for leave for the purpose of military training.

Opinion No.

Arkansas Attorney General Reports · Aug 14, 2000

Although Arkansas law does not clearly address this issue, it is nevertheless my opinion that the special election can be held before the judgeship becomes vacant. … See, e.g., Citizens to Establish a Reform Party v. Priest, 325 Ark. 257 , 926 S.W.2d 432 (1996) (addressing the interpretation of statutes); Gazaway v.

Opinion No.

Arkansas Attorney General Reports · Oct 22, 2001

Given your latest question, I will qualify my earlier conclusion to the extent of opining that if the pending action qualifies as what you have designated a " county " misdemeanor prosecution — i.e., a prosecution for a misdemeanor … The exercise of its discretion with respect to the termination of pending prosecutions should not be judicially disturbed unless clearly contrary to manifest public interest. United States v.