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. Ask about yours and see what current Arkansas law means for your facts, with citations you can check.
Plain-English summary
Arkansas Supreme Court Administrative Order 21 sets statewide procedures for electronic filing in Arkansas courts. Senator Breanne Davis reported that the Pope County Circuit Clerk's one-year transition period would end March 1, 2022. She asked who was supposed to file electronically for the Pope County Prosecuting Attorney's Office after that date.
Attorney General Leslie Rutledge did not decide who must file. She said Section 10's registration requirements might provide guidance but that interpreting a Supreme Court administrative order was better directed to the Administrative Office of the Courts (AOC). Section 10 says anyone seeking access must register, that AOC limits registration to individuals rather than organizations, and that registered users may authorize agents and employees to use their assigned log-in sequence. The opinion did not apply those provisions to specific people in the prosecutor's office.
What this means for you
If you work in a prosecuting attorney's office
Contact AOC for guidance on who should file for the office. The AG quoted Section 10's rules for registration and use of log-in credentials but did not identify which office employee must register or file.
If you're a circuit clerk's office
The opinion points the Pope County prosecuting attorney's office to AOC for guidance on its filing question. Section 3 of the order charges AOC with developing or contracting for the electronic filing system.
If you're a state legislator
The AG said this question required interpreting an Arkansas Supreme Court administrative order and recommended asking AOC. The opinion did not decide who in the prosecutor's office should file.
Common questions
Q: Why couldn't the AG just answer the question?
A: The AG said that because the question required interpreting an Arkansas Supreme Court administrative order, it was better directed to AOC. She recommended that the Pope County Prosecuting Attorney's Office contact AOC.
Q: What does Section 10 of AO 21 actually say?
A: Anyone wanting access must become a registered user. AOC limits registration to individuals, not firms or agencies, and assigns each user a confidential log-in sequence. The order permits agents and employees authorized by that user to use the sequence. The AG did not say which person in the prosecutor's office should register or file.
Q: Where do I contact AOC?
A: The AG recommended that the Pope County Prosecuting Attorney's Office contact the Administrative Office of the Courts. The opinion did not give a contact address.
Q: Can a prosecutor's office register as an organization?
A: Section 10 says AOC must limit registration to individuals, not law firms, agencies, corporations, or other groups. The opinion did not decide which individual should register for this office.
Background and statutory framework
Administrative Order 21 establishes "statewide policies and procedures governing the electronic filing process in all the courts in Arkansas." Section 3 charges AOC with developing or contracting for the system. Section 10 requires individual registration and addresses use of the assigned log-in sequence by the registered user and authorized agents or employees.
The senator described a one-year transition period for the Pope County Circuit Clerk's Office ending March 1, 2022. That date prompted her question about filing for the prosecuting attorney's office.
The AG said Section 10 might guide the answer, but she referred the office to AOC rather than choosing a filer under the order.
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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