This bill amends the rules governing the Supreme Court and Court of Appeals of Arkansas to establish the exclusive original jurisdiction of the Court of Appeals over facial constitutional challenges. Specifically, it allows the Court of Appeals to hear cases where a party seeks to declare a provision of an act of the General Assembly, the Arkansas Code, or an administrative rule unconstitutional in all its applications. The bill also outlines the procedures for such cases, including the filing of pleadings and the timeline for responses, while maintaining that decisions made by the Court of Appeals in these matters can be appealed to the Supreme Court.
Additionally, the bill makes several amendments to existing rules, including the deletion of certain language regarding appellate jurisdiction and the insertion of new provisions that clarify the grounds for review by the Supreme Court. It emphasizes the importance of consistent legal interpretation of facial constitutional challenges to protect the rights of citizens and declares an emergency for the immediate implementation of these changes. The bill is designed to enhance the efficiency and clarity of the judicial process in handling constitutional issues.
Statutes affected: HB 1832: 16-13-201(a)