Do Arkansas county judges have to display 'In God We Trust' and the U.S. and Arkansas flags in county buildings, or does Amendment 55's grant of custodial authority over county property let them opt out?

Subject

Whether Arkansas's national-motto display statute (A.C.A. § 1-4-133) applies to county judges and county property, and whether Amendment 55's grant of custodial authority over county property gives a county judge discretion to refuse to comply.

Plain-English summary

In 2017, Arkansas passed a law requiring "local school superintendents, local building administrators, or chief administrators of the public schools in this state, or institutions of higher education, or their respective designees, and the administrative officials of state agencies" to display the national motto "In God We Trust" alongside the U.S. and Arkansas flags in publicly funded buildings, when voluntary donations cover the cost. In 2019, the legislature added "local building administrators" to that list.

Senator Bryant asked whether the law (a) applies only to schools, colleges, and state agencies, (b) sweeps in county judges, (c) applies to all county-overseen public buildings, and (d) can be overridden by Amendment 55, which gives counties enlarged self-governance authority and the county judge "custody of county property."

The AG's answers, in order: (1) No, § 1-4-133 is broader than schools and state agencies; "local building administrator" is its own category. (2) Yes, county judges fall within "local building administrator," because the term is undefined and a judge with authority over county buildings is administering local buildings in the ordinary sense. (3) The statute applies to "publicly funded property under a listed official's or administrator's oversight, regardless of whether it is actually open to the public or is owned by a non-county entity." (4) No, neither Amendment 55 nor § 14-14-1102's "custody" language overrides the legislature's signage mandate. Amendment 55 grants enlarged authority to counties but does not bar the General Assembly from enacting laws regulating county affairs.

The opinion's net effect: a county judge cannot refuse to put up the motto-and-flags display in a county-owned, publicly funded building on the ground that "custody" of county property is the judge's discretion. The legislature has spoken on the duty.

What this means for you

If you are a county judge

If voluntary donations are available to fund the display and you oversee a covered building, the AG concludes that § 1-4-133 requires the motto and flags to be displayed. The opinion says a covered building need not be county-owned if a listed administrator oversees it and taxpayer funds maintain or operate it.

If you are a quorum court member or county attorney

Counties cannot exercise their authority inconsistently with state law (§ 14-14-808(a)). The AG found no conflict between the county judge's custody of property and compliance with § 1-4-133. Check whether the statute's funding and building conditions are met for the property at issue.

If you are a school superintendent, college administrator, or state agency head

The 2017 baseline applies to you and has not changed. The 2019 expansion broadened the list of regulated officials but did not narrow the original ones. The conditions for compliance remain: voluntary donation funds available, official subject to the statute, and the building or facility being on the statutory list.

If you are a member of the public

The opinion assumes voluntary donations are available to fund the display. It quotes § 1-4-133(b) as allowing “voluntary contributions to the local school boards, local building governing entity, or the Building Authority Division.” Check which listed administrator oversees the building before directing a contribution.

Common questions

Q: What does § 1-4-133 actually require to be displayed?

The national motto "In God We Trust," with both the United States flag and the Arkansas flag simultaneously displayed alongside the motto. The placement must be "in a conspicuous place" in a covered building.

Q: What buildings count?

Public buildings and facilities maintained or operated by taxpayer funds, regardless of whether the funding is state, county, or city, and regardless of whether the building is "open to the public" in the visitor sense. The AG read the statute to apply broadly to publicly funded property under a listed official's oversight.

Q: Can voluntary donations come from anywhere?

Section 1-4-133(b) authorizes contributions to the local school boards, the local building governing entity, or the Building Authority Division. The opinion does not address whether donations from private third parties (e.g., civic groups) can be channeled through these entities, but the statute appears to contemplate exactly that.

Q: What if a county judge personally objects to the display?

Personal objection does not create a legal defense. The AG concluded that neither Amendment 55's enlarged county authority nor § 14-14-1102's "custody" of county property gives a county judge discretion to refuse to comply with a state statute on point.

Q: Is § 1-4-133 constitutional?

Footnote 2 cites Arkansas AG Opinion 2017-101 for the view that the statute is not preempted by federal law and “does not violate the Establishment Clause (or any other clause) of the United States Constitution.” The 2024-087 opinion does not analyze that issue further.

Background and statutory framework

A.C.A. § 1-4-133. Mandates the display of "In God We Trust," the U.S. flag, and the Arkansas flag in covered public buildings when voluntary donations fund the display. Subsection (a)(1) lists the regulated officials and administrators, including local school superintendents, local building administrators, chief administrators of the public schools, institutions of higher education or their designees, and administrative officials of state agencies or their designees. Subsection (b) limits funding to voluntary contributions.

The 2019 amendment. Act 604 of 2019 added "local building administrators" to the list. The AG read this addition as a distinct category, not a sub-category of school administrators, based on the absence of any limiting language, the variety of officials in the same list, the broader statutory references to "[p]ublic building[s] or facilit[ies]" maintained by taxpayer funds, and the grammar of the list.

Ark. Const. amend. 55. Grants counties enlarged self-governance authority. Section 1(b) limits counties to authority "relating to county affairs." Section 3 gives the county judge "custody of county property." But the amendment does not prohibit the General Assembly from enacting laws regulating county affairs, and county police power must not be exercised inconsistently with state law.

A.C.A. § 14-14-1102(b)(3)(A). Codifies the county judge's role as "chief executive officer of the county" with "custody of county property" and responsibility "for the administration, care, and keeping of such county property." The AG read this as administrative custody, not lawmaking authority that can override a state-law signage requirement.

Citations

• A.C.A. § 1-4-133 (national motto display)
• A.C.A. § 14-14-801, § 14-14-808(a), § 14-14-1102 (county powers)
• Ark. Const. amend. 55 (county self-governance)
• Metzner v. State, 2015 Ark. 222
• Schnarr v. State, 2018 Ark. 333
• Johnson v. Rockwell Automation, Inc., 2009 Ark. 241
• Harkuf v. Marony, 2022 Ark. 55
• Slusser v. Farm Serv., Inc., 359 Ark. 392
• Ark. Att'y Gen. Ops. 2017-101, 2020-019, 2010-084

Source

• Landing page: https://arkansasag.gov/divisions/opinions-foia/attorney-general-opinions-search/

Official summary

Question 1: Does A.C.A. § 1-4-133 apply only to public schools, institutions of higher education, and state agencies?

Brief response: No. Arkansas Code § 1-4-133 also applies to local building administrators.

Question 2: Do county judges fall under the definition of "local building administrators" as that term is used under A.C.A. § 1-4-133(a)(1)?

Brief response: Yes. County judges are "local building administrators" under A.C.A. § 1-4-133(a)(1).

Question 3: To what type of property or facilities does A.C.A. § 1-4-133 apply?

Brief response: Arkansas Code § 1-4-133 applies to publicly funded property under a listed official's or administrator's oversight, regardless of whether it is actually open to the public or is owned by a non-county entity.

Question 4: Does Amendment 55 of the Arkansas Constitution preempt or A.C.A. § 14-14-1102(b)(3)(A) repeal A.C.A. § 1-4-133, so that county judges have discretion to determine whether to comply with A.C.A. § 1-4-133?

Brief response: They do not; a county judge must comply with A.C.A. § 1-4-133.

Original opinion text

Opinion No. 2024-087

February 13, 2025

The Honorable Joshua Bryant
State Senator
Post Office Box 718
Rogers, Arkansas 72757

Dear Senator Bryant:

I am writing in response to your request for my opinion on questions concerning county judges, county property, and the requirements to display the national motto under A.C.A. § 1-4-133.

You ask the following questions, as paraphrased: 1

1. Does A.C.A. § 1-4-133 apply only to public schools, institutions of higher education, and state agencies?

Brief response: No. Arkansas Code § 1-4-133 also applies to local building administrators.

2. Do county judges fall under the definition of “local building administrators” as that term is used under A.C.A. § 1-4-133(a)(1)?

1
You have asked seven questions: (1) “Does Ark. Code Ann. § 1-4-133 apply only to public schools, institutions of higher education and state agencies?”; (2) “If the answer to question one is no, do county judges fall under the definition of ‘local building administrators’ as that term is used in § 1-4-133(a)(1)?”; (3) “If the answer to question two is yes, does § 1-4-133 apply to ‘county property’ that is specifically under the ‘custody’ of a county judge, as those terms are used in section 3 of Amendment 55 to the Arkansas Constitution and in Ark. Code Ann. § 14-14-1102(b)(3)(A)?”; (4) “If the answer to question three is yes, does the scope of a county judge’s constitutional custodial authority extend to decisions regarding the display of signage required under § 1-4-133? Said differently, assuming a copy or poster of the national motto is donated or otherwise available under § 1-4-133(b), may a county judge nevertheless refuse to prominently display the national motto on such county properties on the judge’s custodial authority under Amendment 55?”; (5) “If the answer to question four is no, does anything in § 14-14-1102(b)(3)(A) conflict with or override a county judge’s responsibility under § 1-4-133?”; (6) “To what municipal buildings does § 1-4-133 apply? Does § 1-4-133 apply to public facilities or buildings owned by other governing bodies or instrumentalities, such as authorities, districts, and/or commissions?”; (7) “Do the display requirements in § 1-4-133(a)(2)(B) apply only to buildings or facilities that are open to the public?”

The Honorable Joshua Bryant
State Senator
Opinion No. 2024-087
Page 2

Brief response: Yes. County judges are “local building administrators” under A.C.A.
§ 1-4-133(a)(1).

3. To what type of property or facilities does A.C.A. § 1-4-133 apply?

Brief response: Arkansas Code § 1-4-133 applies to publicly funded property under a listed official’s or administrator’s oversight, regardless of whether it is actually open to the public or is owned by a non-county entity.

4. Does Amendment 55 of the Arkansas Constitution preempt or A.C.A. § 14-14-1102(b)(3)(A) repeal A.C.A. § 1-4-133, so that county judges have discretion to determine whether to comply with A.C.A. § 1-4-133?

Brief response: They do not; a county judge must comply with A.C.A. § 1-4-133.

DISCUSSION

Arkansas Code § 1-4-133 requires the listed officials and administrators to display the national motto, the U.S. flag, and the Arkansas flag in certain government buildings and facilities if: (1) voluntary donations are available to fund the display, (2) the official or administrator is subject to the statute, and (3) the official or administrator presides over a listed building or facility. Because your questions chiefly concern the second and third requirements, the remainder of this opinion focuses on those elements and assumes the first requirement is met.

Question 1: Does A.C.A. § 1-4-133 apply only to public schools, institutions of higher education, and state agencies?

Arkansas Code § 1-4-133(a) requires “local school superintendents, local building administrators, or chief administrators of the public schools in this state, or institutions of higher education, or their respective designees, and the administrative officials of state agencies, or their respective designees” to “display in a conspicuous place” in certain buildings and facilities the national motto, “In God We Trust,” with both the United States and Arkansas flags simultaneously displayed with the motto. 2

The statute was first enacted in 2017, and in 2019, the list of regulated officials and administrators was amended to include the following underlined text:

[L]ocal school superintendents, local building administrators, or chief administrators of the public schools in this state, or institutions of higher education, or their

2
This Office has previously opined that Act 911 of 2017, codified at § 1-4-133, is not preempted by federal law and “does not violate the Establishment Clause (or any other clause) of the United States Constitution.” Ark. Att’y Gen. Op. 2017-101.

The Honorable Joshua Bryant
State Senator
Opinion No. 2024-087
Page 3

respective designees, and the administrative officials of state agencies, or their respective designees …. 3

A court will interpret a statute “just as it reads, giving the words their ordinary and usually accepted meaning.” 4

Section 1-4-133 originally concerned only public schools and state agencies, but the 2019 amendment expanded the statute’s scope to include “local building administrators.” This expansion is not limited to the prior existing categories of public schools and state agencies for four reasons.

First, the added phrase “local building administrator” standing alone does not contain language that would limit its application to public schools or state agencies. Instead, the 2019 amendment used broad terms, reaching administrators of all “local building[s]”—not just “local school[s]” or “public schools in this state.”

Second, the wide range of officials listed in § 1-4-133(a)(1) indicates that “local building administrator” should be read broadly, instead of applying only to public schools. This range includes administrative officials of public schools, of public colleges and universities, and of state agencies. When “words [are] grouped in a list,” they “should be given related meanings” by referencing “[t]he common quality suggested by [the] listing.” 5 When viewed together, the terms in § 1-4-133(a)(1) are about administrators of publicly owned buildings generally, not only administrators of public schools, colleges, and universities.

Third, the statute as a whole confirms that “local building administrator” includes all administrators of local buildings. 6 It requires placement of the national motto in public schools, colleges, and universities, and “each … [p]ublic building or facility in this state that is maintained or operated by taxpayer funds.” 7 “Each” building and facility means “every” building and facility.8 And the facilities that must display need to be supported by “taxpayer funds,” including local taxes,

3
Act 604 of 2019.
4
Metzner v. State, 2015 Ark. 222, at 9, 462 S.W.3d 650, 656.
5
Antonin Scalia & Bryan A. Garner, Reading Law: The Interpretation of Legal Texts 195–96 (2012) (quoting Third Nat’l Bank in Nashville v. Impac Ltd., 432 U.S. 312, 322 (1977)). 6 E.g., Schnarr v. State, 3018 Ark. 333, at 4, 561 S.W.3d 308, 311 (explaining that “court[s] may consider the text as a whole” “when interpreting or construing a statute” (quoting Dolan v. U.S. Postal Serv., 546 U.S. 481, 486 (2006))). 7 A.C.A. § 1-4-133(a)(2)(B) (emphasis added).
8
The American Heritage Dictionary 560 (5th ed. 2011) (defining “each” as “[b]eing one of two or more considered individually; every”).

The Honorable Joshua Bryant
State Senator
Opinion No. 2024-087
Page 4

not just “state funds.” 9 It also allows the display to be purchased with funds made by “voluntary contributions to the local school boards, local building governing entity, or the Building Authority Division” 10—indicating the “local school[s]” and “local building[s]” are separate categories with separate governing structures. Thus, read in context, “local building administrators” is a distinct category separate from public schools, institutions of higher education, and state agencies.

Fourth, as a matter of grammar, the best reading of A.C.A. § 1-4-133(a)(1) is that “of the public schools” modifies only “chief administrator.” Section 1-4-133(a)(1) contains a list of regulated officials and administrators: “local school superintendents, local building administrators, or chief administrators of the public schools in this state, or institutions of higher education, or their respective design, and administrative officials of state agencies, or their respective designees.” The phrase “or chief administrators of the public schools in this state” is a clause in the middle of a list, separated by a comma on each side. 11 The use of the determiners—“of the”—before “public schools in this state” is best read as limiting or modifying only “chief administrators.” 12

Consequently, under the plain language of A.C.A. § 1-4-133, the national motto signage requirements apply to the following distinct categories:

• Local school superintendents;

• Local building administrators;

• Chief administrators of the public schools in this state;

• Institutions of higher education, or their respective designees; and

• Administrative officials of state agencies, or their respective designees.

Question 2: Do county judges fall under the definition of “local building administrators” as that term is used under A.C.A. § 1-4-133(a)(1)?

“Local building administrator” is not defined in A.C.A. § 1-4-133. In fact, A.C.A. § 1-4-133 appears to be the only Arkansas statute that uses the phrase “local building administrator.” Because the statute does not provide definitions, we give the words their usual meaning. 13

9
Act 410 of 2021 (changing “state funds” to the broader “taxpayer funds”).
10
A.C.A. § 1-4-133(b) (emphasis added).
11
See, e.g., Scalia & Garner, supra note 5, at 161 (noting that “[p]unctuation is a permissible indicator of meaning”).
12
See id. at 149.
13
E.g., Walther v. FLIS Enters., Inc., 2018 Ark. 64, at 6, 540 S.W.3d 264, 268.

The Honorable Joshua Bryant
State Senator
Opinion No. 2024-087
Page 5

A county judge thus would be subject to A.C.A. § 1-4-133 as a “local building administrator.” The word “administrator” commonly means “[s]omeone who manages or heads a … public office, agency, or other organization,” 14 which is broad enough to include a county judge. To the extent that the county judge has the authority to oversee and manage the county buildings, he or she is a “local building administrator” subject to A.C.A. § 1-4-133.

Question 3: To what type of property or facilities does A.C.A. § 1-4-133 apply?

Arkansas Code § 1-4-133 applies to all “[p]ublic building[s]” and “facilit[ies] in this state that [are] maintained or operated by taxpayer funds.” 15 Thus, the national motto requirements would apply to a municipal building if it is: (1) open to the public—“[o]pen or available for all to use” 16—or (2) funded by taxpayers, regardless of whether that funding is at the State, county, or city level. If a building is public and publicly funded, a relevant official or administrator who oversees and manages that building would be responsible for adhering to A.C.A. § 1-4-133, even if the building is not entirely funded by the State, county, or city. This analysis applies to all buildings or facilities that meet these requirements, including local authorities, districts, and commissions.

Question 4: Does Amendment 55 of the Arkansas Constitution preempt or A.C.A. § 14-14-1102(b)(3)(A) repeal A.C.A. § 1-4-133, so that county judges have discretion to determine whether to comply with A.C.A. § 1-4-133?

1. General county authority. Counties are created by the General Assembly and, under
   Amendment 55, “may exercise local legislative authority not denied by the Constitution or by law.” 17 And while Amendment 55 to the Constitution authorizes “enlarged authority for self- governance of counties,” it does not “prohibit the General Assembly from enacting laws regulating county affairs.” 18

1.1. Police power. Although counties do not inherently have the “police power,” the General Assembly has expressly delegated it to them. 19 A county’s “police power” is the power to act in a way that is necessary for the effective administration of the county’s authorized services and

14
Administrator, Black’s Law Dictionary 56 (11th ed. 2019).
15
A.C.A. § 1-4-133(a)(2)(B). Because “public” precedes and modifies “building”—and the sentence-syntax is not a parallel series of nouns or verbs—it best applies to the closest reasonable referent, “building,” and not to “facility.” See Scalia & Garner, supra note 5, at 152–53. 16 Public, Black’s Law Dictionary 1485 (12th ed. 2024).
17
Ark. Const. amend. 55, § 1; see also id. § 3 (specifying the “powers and duties” of the county judge); Ark. Att’y Gen. Op. 2010-084. 18 Ark. Att’y Gen. Op. 2020-019.
19
See A.C.A. § 14-14-801(b)(13); see also Ark. Att’y Gen. Ops. 2010-084, 2009-005, 2001-006, 97-308.

The Honorable Joshua Bryant
State Senator
Opinion No. 2024-087
Page 6

functions. 20 But there are limits on the county’s power: a county cannot “exercise … any power in any manner inconsistent with state law,” 21 nor can it “exercise any authority not relating to county affairs.” 22

1.2. County affairs. Various statutes list as “county affairs” several subjects 23—none of which expressly include posting of signage in county buildings. Amendment 55, § 3 gives county judges “custody of county property” and A.C.A. § 14-14-1102(b)(3)(A) gives county judges, “as the chief executive officer of the county … custody of county property” and the responsibility “for the administration, care, and keeping of such county property.”

2. Applicable State law. Under A.C.A. § 1-4-133(a), “local building administrators,” which
   county judges are, must—if the requirements discussed above are met—“display in a conspicuous place” in public buildings the national motto, “In God We Trust,” with both the United States and Arkansas flags simultaneously displayed with the motto.

Neither Amendment 55 nor A.C.A. § 14-14-1102 specifically identify county judges having the power to regulate signage in public buildings. And the fact that county buildings must comply with A.C.A. § 1-4-133 does not conflict with or inhibit a county judge’s “custody of county property” under Amendment 55 24 or A.C.A. § 14-14-1102. 25

                                     *                 *                  *

In sum, county judges—as “local building administrators”—and public or publicly funded buildings that the county judge oversees and manages must comply with A.C.A. § 1-4-133. If a county judge does not adhere to this statute, they would be acting contrary to State law. Further, neither Amendment 55 of the Arkansas Constitution nor applicable statutes prohibit the General

20
See, e.g., Ark. Att’y Gen. Op. 2010-084.
21
See A.C.A. § 14-14-808(a); see also Ark. Const. art. 12, § 4; A.C.A. § 14-14-805(13) (concerning quorum courts); Ark. Att’y Gen. Ops. 2020-019, 2015-023, 2009-080, 97-027. 22 Ark. Const. amend. 55 § 1(b).
23
See, e.g., A.C.A. § 14-14-801; Ark. Att’y Gen. Ops. 95-046, 95-139.
24
See Johnson v. Rockwell Automation, Inc., 2009 Ark. 241, at 4, 308 S.W.3d 135, 139 (holding that statutes are presumed constitutional and “before an act will be held unconstitutional, the incompatibility between it and the constitution must be clear”). 25 Before resorting to a conflict analysis, a court would first reconcile any seemingly conflicting statutory language without voiding or invaliding those statutes. See Harkuf v. Marony, 2022 Ark. 55, at 4, 639 S.W.3d 872, 874–75. Regardless of whether statutes are on the same subject, courts have a judicial duty to, where possible, harmonize all acts or statutes that appear to conflict with one another. See Slusser v. Farm Serv., Inc., 359 Ark. 392, 396, 198 S.W.3d 106, 109 (2004).

The Honorable Joshua Bryant
State Senator
Opinion No. 2024-087
Page 7

Assembly from requiring county buildings to comply with § 1-4-133(a). And I have not located any other authority that grants a county judge the discretion not to comply with that statute.

Assistant Attorney General William R. Olson prepared this opinion, which I hereby approve.

Sincerely,

TIM GRIFFIN
Attorney General