In Arkansas, can a county judge sign a contract for the county without going back to the quorum court for approval, and what limits apply?

Subject

Whether an Arkansas county judge may sign contracts for the county without quorum-court approval, and what limits govern that authority.

Plain-English summary

Representative DeAnn Vaught asked whether a county judge could execute a contract without quorum-court approval. The Attorney General answered yes. The quorum court decides what goods and services the county needs and appropriates funds. The county judge selects the vendor or worker and executes the contract. Apart from other elected officials' authority to hire their own staff, the judge has exclusive authority to make contracts that bind the county, and the quorum court's consent to a particular contract is not required.

The AG identified three limits. A contract cannot exceed the county's revenue from all sources for the fiscal year in which it is made. Funds for the contract must have been appropriated by the quorum court before the judge enters it. The judge must also follow county procurement law. The opinion distinguishes contracts for professional services from contracts for other services and commodities.

A footnote quotes an earlier AG opinion on a contract entered before appropriation: that is a violation of law, and the quorum court has no legal obligation to appropriate funds for it. The quorum court may nevertheless appropriate funds for an already signed contract and ratify the judge's action. This opinion does not decide a vendor's right to payment or whether an existing appropriation may later be withdrawn.

What this means for you

County judges

Check for a prior appropriation before signing, then follow the procurement rules applicable to the service or commodity. The opinion also states the constitutional fiscal-year revenue ceiling. It identifies those three limits while leaving the choice of a specific vendor or worker to the county judge.

Quorum-court members

Your role is to decide county needs and appropriate funds. The AG says your consent to the judge's particular contract is not required. Footnote 9 says you have no legal obligation to make an appropriation for a contract the judge already signed without one, though you may later appropriate and ratify it.

Vendors contracting with a county

The opinion identifies the county judge as the official with authority to execute or modify a county contract. It also says the contract must have a prior appropriation and comply with procurement laws. It does not decide whether a vendor can collect payment on a contract signed without an appropriation.

Common questions

Does the quorum court have to approve the county judge's selected vendor?

No. The AG says the quorum court determines county needs and appropriates funds, while the judge chooses the vendor or worker and signs the contract. The quorum court's consent to that contract is not required.

What if the judge signed before funds were appropriated?

Footnote 9 quotes an earlier AG opinion saying a violation of law has occurred and the quorum court has no legal obligation to appropriate funds for the contract. It may choose to appropriate funds later, thereby ratifying the judge's action. This opinion does not decide whether the vendor is entitled to payment.

Can the quorum court undo a contract after it previously appropriated funds?

The opinion does not address withdrawing an appropriation or voiding an already signed contract. Its stated timing rule is that funds must have been appropriated before the judge signs.

Does a contract above its appropriation also violate the constitutional revenue ceiling?

The opinion states two separate limits: a fiscal-year revenue ceiling under Ark. Const. art. 12, § 4, and a requirement for prior appropriation. It does not say that exceeding an appropriation necessarily means the county has exceeded its total revenue.

Can another elected county official hire personal staff?

Yes. The opinion identifies an exception to the judge's contracting authority for other elected officials hiring their own staff, citing A.C.A. § 14-14-1102(b)(5)(B)(ii)(b).

Background and statutory framework

Amendment 55, § 3 permits the county judge to authorize and approve disbursement of appropriated county funds. A.C.A. § 14-14-1102(b)(2)(C)(ii) lets the judge enter necessary contracts to obligate county funds and approve spending of appropriated funds as provided by law. The opinion also cites the judge's authority to obtain labor or services and purchase commodities.

The opinion cites AT&T Corp. v. Clark Cnty. ex rel. Tucker for the rule that only the county judge could agree to or modify a county contract. It cites other AG opinions for the absence of a quorum-court consent requirement. The Arkansas Constitution supplies the fiscal-year revenue limit; the prior-appropriation limit and procurement requirements are discussed separately.

Currency note

This opinion was issued in 2025. Check current Arkansas law and the available appropriation before relying on it for a new contract.

Citations

• Ark. Const. amend. 55, § 3 (county judge's disbursement authority)
• Ark. Const. art. 12, § 4 (fiscal-year revenue limit)
• A.C.A. § 14-14-1102(b)(2)(C)(ii) (contracting authority)
• A.C.A. § 14-14-1102(b)(5)(A), (B)(ii)(b) (labor, services, and elected officials' staff)
• A.C.A. § 14-22-112 (commodities)
• A.C.A. §§ 19-11-801 to -807 (professional services)
• A.C.A. §§ 14-22-101 to -115 (other services and commodities)
• AT&T Corp. v. Clark Cnty. ex rel. Tucker, 2018 Ark. App. 207, 547 S.W.3d 697
• Am. Fed'n of State, Cnty., and Mun. Emps., Loc. 380 v. Hot Spring Cnty., 362 F.Supp.2d 1035 (W.D. Ark. 2004)
• Ark. Att'y Gen. Op. 2003-012 (prior-appropriation and ratification analysis quoted in footnote 9)

Source

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

Original opinion text

Opinion No. 2025-027

July 9, 2025

The Honorable DeAnn Vaught
State Representative
266 Dairy Road
Horatio, Arkansas 71842

Dear Representative Vaught:

You have requested my opinion regarding a county judge’s authority to execute contracts on behalf of the county without notice to or approval by the quorum court. You have asked these questions:

1. Pursuant to Amendment 55 to the Arkansas Constitution, can a county judge execute a
  contractual agreement without the approval of the county quorum court?

   Brief response:    Yes. The quorum court determines what goods and services are needed
                      by the county and appropriates county funds for those needs. But the
                      county judge executes the contract after choosing a specific vendor to
                      provide the goods or a person to do the work.

2. Are there any limitations or restrictions, financial or otherwise, to contractual agreements
  executed solely by the county judge?

   Brief response:    Yes. The county judge’s contracting authority has several limitations,
                      which are discussed below.




                              101 WEST CAPITOL AVENUE
                            LITTLE ROCK, ARKANSAS 72201

The Honorable LeAnn Vaught
State Representative
Opinion No. 2025-027
Page 2

DISCUSSION

Question 1: Pursuant to Amendment 55 to the Arkansas Constitution, can a county judge execute a contractual agreement without the approval of the county quorum court?

Yes. The quorum court determines what goods and services are needed by the county and appropriates county funds for those needs. 1 But the county judge executes the contract after choosing a specific vendor to provide the goods or a person to do the work. 2

Under Amendment 55, § 3, a county judge may “authorize and approve disbursement of appropriated county funds.” Similarly, A.C.A. § 14-14-1102(b)(2)(C)(ii) explains that a county judge can “enter into necessary contracts … to obligate county funds and to approve expenditure of county funds appropriated therefor in the manner provided by law.” The county judge may also hire county employees or obtain other “labor or services” as needed for the county. 3 Finally, the county judge can purchase commodities to benefit the county. 4 So, other than elected officials’ authority to hire their own staff, 5 the county judge has exclusive authority to execute contracts to bind the county. 6 And “the quorum court’s consent to such contracts is not required.” 7

1
Ark. Att’y Gen. Op. 2011-087 (opining that “[t]he power to provide for services to be rendered to the county, and to appropriate money to pay for those services, is legislative, but the power to select the person to do the work is executive”). 2 Id.
3
A.C.A. § 14-14-1102(b)(5)(A).
4
A.C.A. § 14-22-112. Even though some statutes, like this one, still reference the “county court” as having contracting authority, this Office has explained that “county court” means “county judge” in relation to a county’s contracting authority. Ark. Att’y Gen. Op. 2007-009. 5 A.C.A. § 14-14-1102(b)(5)(B)(ii)(b).
6
See AT&T Corp. v. Clark Cnty. ex rel. Tucker, 2018 Ark. App. 207, at 8, 547 S.W.3d 697, 703 (“Only the County Judge could have agreed to a contract on behalf of the County or to modify the terms of an existing County contract.”); Am. Fed’n of State, Cnty., and Mun. Emps., Loc. 380 v. Hot Spring Cnty., 362 F.Supp.2d 1035, 1039 (W.D. Ark. 2004) (finding that county judge had authority to bind the county to collective bargaining agreement); Ark. Att’y Gen. Ops. 2018-105 (opining that “[t]he power to contract for the county instead resides with the county judge”), 2007-256 (opining that county judge is “clearly empower[ed] … to contract on behalf of the county”), 2007-009 (opining that “the power to contract for the county thus resides exclusively in the county judge”), 2003-012 (opining “that the county judge is authorized by law to enter into contracts on behalf of the county, and that the quorum court’s consent to such contracts is not required”). 7 Ark. Att’y Gen. Op. 2003-012.
The Honorable LeAnn Vaught
State Representative
Opinion No. 2025-027
Page 3

Question 2: Are there any limitations or restrictions, financial or otherwise, to contractual agreements executed without the approval of the county quorum court?

Yes. The county judge’s contracting authority has several constitutional and statutory limitations. First, the county judge cannot execute contracts “for any purpose whatsoever in excess of the revenue from all sources for the fiscal year in which said contract … is made.” 8 Second, the county judge can execute contracts “only if the funds for such contracts have been previously appropriated by the quorum court.” 9 Finally, the county judge must follow county procurement laws for contracts. 10

Assistant Attorney General Jodie Keener prepared this opinion, which I hereby approve.

Sincerely,

TIM GRIFFIN
Attorney General

8
Ark. Const., art. 12, § 4. Attorney General Opinion No. 2007-009 details the procedures counties use to avoid overspending. 9 Ark. Att’y Gen. Op. 2003-012 (opining that this limitation arises from A.C.A. §§ 14-14-1102(b)(2)(C)(i), 14-14-1102(b)(2)(C)(ii), and 14-20-106). If a “county judge has entered into a contract for which funds have not yet been appropriated, a violation of the law has occurred, and the quorum court is under no legal obligation to appropriate the funds for such a contract.” Id. But the quorum court “may choose to appropriate funds for a contract already entered into by the county judge, thus ratifying the judge’s action.” Id. (emphasis added). 10 Id. Contracts for professional services are governed by A.C.A. §§ 19-11-801 to -807. Contracts for other types of services and commodities are governed by A.C.A. §§ 14-22-101 to -115.