Who actually has to file electronically for an Arkansas prosecuting attorney's office under Administrative Order 21?
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This page answers the general question as of 2022. Ezel answers yours: what it means for your facts, under current Arkansas law, with citations.
Plain-English summary
Arkansas Supreme Court Administrative Order 21 sets the statewide rules for electronic filing in Arkansas courts. The Pope County Circuit Clerk had observed a one-year transition period that ended March 1, 2022, after which all eligible filers had to use the e-filing system. State Senator Breanne Davis asked the Attorney General to clarify who, exactly, is supposed to do the e-filing for the Pope County Prosecuting Attorney's Office: the elected prosecutor, deputies, support staff, or someone else.
Attorney General Leslie Rutledge declined to give a substantive answer. The reason is jurisdictional: Administrative Order 21 is an order of the Arkansas Supreme Court, not a statute, and the Attorney General's interpretive authority is limited to statutes and constitutional provisions. The Court has its own administrative arm (the Administrative Office of the Courts, or AOC) responsible for implementing Administrative Order 21. The opinion pointed Senator Davis to Section 10 of the order, which addresses registration requirements (each user must register individually, not as a firm or agency, and the AOC issues a confidential log-in sequence to each registered user, who can authorize agents and employees to use it on his or her behalf). The AG then redirected the question to AOC.
What this means for you
If you work in a prosecuting attorney's office
The practical answer hidden in Section 10 is: a registered user (an attorney, in most cases) registers with the AOC and then authorizes agents and employees to use the credentials on their behalf for filing. The actual mechanics, who can register, what kinds of agents can be authorized, etc., are AOC's call. Contact AOC at the email address listed on its website rather than guessing from the order's text.
If you're a circuit clerk's office
Push filing-method questions to AOC, not the AG's office or the local court. AOC has been delegated implementation authority, and they keep up with technical and procedural updates that aren't visible from the order alone.
If you're a state legislator
This opinion is also a useful reminder of where the AG's authority ends. The Arkansas Constitution gives the Arkansas Supreme Court rulemaking authority for procedural matters, and the AG cannot interpret those rules. Statutory questions about court procedure do go to the AG; rule-interpretation questions go to AOC or the Court itself.
Common questions
Q: Why couldn't the AG just answer the question?
A: Administrative Order 21 is a Supreme Court order, not a statute. The AG's interpretive role under Ark. Code Ann. § 25-16-706 covers statutory and constitutional questions. Court rules and orders are interpreted by the Court and its administrative arm.
Q: What does Section 10 of AO 21 actually say?
A: It requires every person who wants access to the e-filing system to register individually (registrations are issued to individuals, not firms or agencies). The AOC issues a confidential log-in sequence. The registered user, and only the registered user, plus authorized agents and employees, may use the credentials. So in practice, an assistant prosecutor would register and then authorize support staff to file on the office's behalf.
Q: Where do I contact AOC?
A: Through the Administrative Office of the Courts at the Arkansas Judiciary website. The contact information is updated periodically.
Q: Is there any AOC guidance specific to prosecuting attorneys?
A: The Arkansas Judiciary publishes e-filing user manuals and FAQs that cover prosecutor-specific situations. Those documents are the operational guide; the order itself is more general.
Background and statutory framework
Arkansas adopted statewide e-filing in stages. The Supreme Court issued Administrative Order 21 to govern the process. Section 1(a) declares it as the controlling policy for "the electronic filing process in all the courts in Arkansas." Section 3 charges AOC with developing or contracting for the system. Section 10 sets registration requirements: individuals only, AOC-issued credentials, individual responsibility for credential security, allowed delegation to agents and employees.
Counties have rolled out e-filing on different timelines. Most counties were on a transition schedule that ended in early 2022. After the transition, e-filing became mandatory for most case types. Pope County's transition ended on March 1, 2022, which prompted the question.
The Attorney General's declination to interpret a Supreme Court rule is not unusual. Arkansas (like most states) keeps a clean line between executive-branch interpretation of statutes and judicial-branch interpretation of court rules. Crossing that line risks creating conflicting interpretations, so the AG appropriately deferred.
Citations and references
Court rules:
- Arkansas Sup. Ct. Admin. Order 21 § 1(a) (electronic filing policies)
- Arkansas Sup. Ct. Admin. Order 21 § 3(a) (AOC role)
- Arkansas Sup. Ct. Admin. Order 21 § 10(a)-(b) (registration)
Source
Original opinion text
STATE OF ARKANSAS
ATTORNEY GENERAL
LESLIE RUTLEDGE
Opinion No. 2022-002
February 22, 2022
The Honorable Breanne Davis
State Senator
P.O. Box 10088
Russellville, AR 72812
Dear Senator Davis:
This is in response to your request for an opinion concerning Arkansas Supreme Court Administrative Order 21 - Electronic Filing. As background, you state, "The Pope County Circuit Clerk's Office has abided by a mandatory one-year transition period into electronic filing that is ending on March 1, 2022." In light of this fact, you ask, "Under Administrative Order 21, who is ultimately supposed to file electronically for the Prosecuting Attorney's Office come March 1, 2022?"
RESPONSE
Section 10 of Administrative Order 21 addresses registration requirements and may provide guidance in resolving your question. However, because your question deals with interpreting an administrative order of the Arkansas Supreme Court, it is better directed to the Administrative Office of the Courts. Thus, the Pope County Prosecuting Attorney's Office should contact AOC for guidance.
DISCUSSION
Arkansas Supreme Court Administrative Order 21 establishes "statewide policies and procedures governing the electronic filing process in all the courts in Arkansas." It charges the Administrative Office of the Courts with developing or contracting for the development of an electronic filing system.
With regard to your particular question, Section 10 of Administrative Order 21 addresses registration requirements. It states in pertinent part:
(a) Registration Mandatory. Any person wanting access to the electronic filing system must become a registered user in order to access the system....
(b) Registration Requirements. The AOC shall establish registration requirements for all registered users and must limit the registration of registered users to individuals, not law firms, agencies, corporations, or other groups. The AOC must assign to the registered user a confidential, secure log-in sequence. The log-in sequence must be used only by the registered user to whom it is assigned and by agents and employees as the registered user may authorize....
This section may provide guidance in resolving your question concerning electronic filing. But as your question requires interpreting an administrative order of the Arkansas Supreme Court, it is better directed to AOC. Accordingly, I recommend that the Pope County Prosecuting Attorney's Office contact AOC for guidance.
Sincerely,
LESLIE RUTLEDGE
Attorney General
Footnotes:
- Arkansas Sup. Ct. Admin. Order 21, § 1(a).
- Id. at § 3(a).
- Arkansas Sup. Ct. Admin. Order 21, § 10(a)-(b).
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