Supreme Court of Arkansas

Tim S. Parker, Attorney at Law, and Ramona Wilson, Circuit Clerk and — Wills, J., Concurring in Part and Dissenting…

October 7, 20102010 Ark. LEXIS 464

Summary

The separate opinion concurs in granting certiorari because the circuit court plainly and grossly abused its discretion by treating an uncontested motion as a venue request and then invalidating the statute underlying the requested venue change. It would uphold the continued existence of two judicial districts in Carroll County but would reject reliance on the later statute as creating those districts and would avoid an unnecessary separation-of-powers issue. Justice Danielson, concurring in part and dissenting in part, would grant certiorari but end the inquiry without reaching the merits because certiorari review is limited to errors apparent on the face of the record and jurisdictional defects.