Tuesday, July 7, 2026

Summer Break 2026 - part two

 


Summer break rolls on.  Last week, the Arkansas Supreme Court did not post a syllabus.  The Arkansas Court of Appeals did post a syllabus on Wednesday, July 1, 2026.  Sixteen pages in length, that syllabus lists orders disposing of the matters submitted the week before - there are no opinions to note.

The Court of Appeals' syllabus documents the filing of an amicus brief that is interesting.  Filed by the American Society for the Prevention of Cruelty to Animals in Roark v. Hyland, CV-25-540, the brief does a good job setting forth the Society's relevant policy related to the case and the potential harm from a ruling against the City of Little Rock, all in less than eleven pages of argument.  The only authorities cited are Ark. Sup. Ct. R. 4-6, a book, and three items from the internet.

Thank you for reading.

Friday, June 26, 2026

Summer Break 2026 - part one

 


The Arkansas Supreme Court did not issue a docket this week.

The Arkansas Court of Appeals issued a twelve-page docket on Wednesday, June 24, 2026.  This listed a variety of items submitted for decision: petitions for rehearing, fee petitions, various motions to address problems in the record, motions to substitute or appoint counsel, and so forth.  Typically, there will be a docket next week announcing the Court of Appeals' disposition of each item submitted this week.

There's really nothing else to report, other than that last raft of Court of Appeals decisions I need to review.  Have a great day!

Friday, June 12, 2026

The 128th Annual Meeting of the Arkansas Bar Association

 


The Arkansas Supreme Court's single decision issued yesterday addresses a common preservation issue, and the single per curiam opinion also issued yesterday addressed a matter related to admission to the Bar.  The Arkansas Court of Appeals did not issue a docket this week.  There's nothing to discuss on that front.

The 128th Annual Meeting of the Arkansas Bar Association concluded today.  If you are an Arkansas attorney, you owe it to yourself to attend at least one of these.  I missed this afternoon's session with the former Solicitor General of Oklahoma, but I did attend other programs related to appellate practice.

On June 10, 2026, two Court of Appeals judges and a circuit judge presented "Life after Nalley."  I'm going to paraphrase a few of one appellate judge's comments.  (1) Just like attorneys might struggle with what the Court of Appeals says, that court struggles with what the Arkansas Supreme Court says.  (2) The Court of Appeals is really constrained by the record, arguments of parties, and standards of review.  (3) The court sees problems with the use of inconsistent terms to describe the same matter, such as in custody orders.

His most interesting comment - to me - is that all opinions are circulated to all 12 judges before they are released, not just to the 3 on the panel signing the opinion, so that all 12 judges have the opportunity to offer comments and ask questions about the proposed opinion.

After the Nalley program, Tory H. Lewis presented "Appellate Update: The Latest and Greatest in Family Law Appeals."  Ms. Lewis did an excellent job, but since she focused on substantive family law topics, I won't summarize her presentation here.

Today, June 12, 2026, the Chief Justice of the Arkansas Supreme Court gave the annual State of the Judiciary speech.  She highlighted the traveling court program, JLAP's assistance programs, and the preparation of a manual for pro se appellate litigants.  All of these matters reflect the court's ongoing efforts to retain the public's trust and confidence.

One of the other presenters, Casey Mock, offered highly interesting presentations on technology.  A common concern is the effect of social media, etc., on our ability to think clearly.  This photo captures one of Mr. Mock's points:


All-in-all, a great Annual Meeting.

Have a great weekend.